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HomeMy WebLinkAboutOpen Space - Amending HBMC 9151 - Code Amendment 85-2 - Ordi Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County Cal5ornia Number A 6214 dated 29 September 1961 and A 2 331 dated 11 June 1963 STATE OF CALIFORNIA n County of Orange Public NotiCe Advertising co Bred ( _ 5 Z by thb ethdew et t la S n 7 point CA Min 10 pica column width I am a Citizen of the United States and a resident of the County aforesaid I am over the age of eighteen years and not a party to or Interested in the below entitled matter I am a principal clerk of the Orange Coast DAILY PILOT with which is combined the NEWS-PRESS a newspaper of general circulation printed and published in the City of Costa Mesa County of Orange State of California and that a Notice of Pahl i r Tina -i ng - PUBLIC NOTICE 1 NOTICE OF PUBLIC HEARING CODE AMENDMENT 55 2 of which copy attached hereto is a true and complete &URGENCY ORDINANCE NO 2775 copy was printed and published in the Costa Mesa OLOTOWN/TOWNLOT/ DOWNTOWN SPECIFIC Newport Beach Huntington Beach Fountain Valley PLAN DISTRICT 2 NOTICE IS HEREBY Irvine the South Coast communities and Laguna GIVEN that a public hearing will be held by the City Coun Beach issues of said newspaper for 1 time cil of the City of Huntington Beach in the Council Chamber of the Civic t74tiiT to wit the issue(s) of Center Huntington Beach at the hour of 7 30 P M or j as soon thereafter as poss able on Monday the 17th day of June 1985 for the purpose of considering an June 6 198 5 amendment to the district regulations for the Oldtown Town lot and Downtown Specific Plan District No 2 198 1 areas of the City to include changes in the parking re cizements floor area lime tat open space upper 198 story setbacks and single unit design standards The Council will also be consider ing the adoption of the code 198 i amendment through an ur gency ordinance so that the proposed changes are effec tive immediately 198 All interested persons are invited to attend said hear ing and express their opinions for or against said Code Amendment 85 2 and declare, under penalty of perjury, that the 2775ncy Ordinance No Further informat on may i foregoing Is true and correct be obtained from the Office of the City Clerk 2000 Main Street Huntington Beach June 6 5 California 92648 (714) 536 5227 Executed on 198 _ Dated June 5 1985 at Costa Mesa, CalffoZL�al� B ON AITY CH OBY ALIC A HUT M WENTWORTH CITY / CLERK Published Orange Coast Signature Daily Pilot June 6 198h 052 A j i , PROOF OF PUBLICATION CRTY OF HUNTONGTON BEACH my INTER DEPARTMENT COMMUNI ON HUNTINGTON BEACH 0 To Honorable Mayor & City Counci ® James W Pa] in , Director O Developmen, Services Subject AGENDA ITEM I-1-a ate August 6 , 1985 ORDINANCE 2780 It has been brought to my attention today that there is concern over a provision within Ordinance 2780 Section 9130 li E 4 on whether tris provision is in fact a deed restriction I met with Call Hutton , City Attorney, to resolve this issue and after researching the appropriate statutes it appears that, as worded, it would in fact be a deed restriction However , at the time it was being processed by the Planning Commission , it was not thought to be as such We therefore , worked on the terminology and I offer the following provision for your consideration hoping that this will help in enforcLng our codes Section 130 13 ( e ) (4 ) The Director of Development Services shall require that the owner/developer of the property provide to the Dev lopment Ser v i —es Director prior to final inspection ci notarized oec7 ,aration tating that tre building \ais coistructed pursuant to approved -lans acid shall be limited f0f Lse as a sinqle uni - builaing Furthermore , any subsequent purchaser from owner/builaer shall also be provided with a copy of said declaration JWP Dr 1 1,01. � CITY OFeHUkTINGTON EACH INTER DEPARTMENT COMMUN CATION HU)4TINGIONiSF-,CH To honorable Mayor and City Council �ames W Palin , Director # Development Services Subject ORDINANCE NO 2780 ate July 11 , 1985 Attn CParles to Thompson , APPROVED B1 GIT� GiUNCI�. City Adrr.Lnistrator 19 CIT1 CLl RIC, Attached �;erewith , pursuant to the City Coun ce Code Amendment 85-2 (Ordinance No 2780 ) back on the July 15 , 1985 agenda for introduction, is the ordinance as it appeared previously on the Council agenda as well as a separate pace which incorporates the concerns of the Council as they were expressed at the June 24 , 1985 meeting Tre attachment would add to the provisions Page three is the definitions of Open Space and page eight is Open Space provisions Staffs recommendation is to approve Ordinance No 2780 with additional lancuaoe inserted into the ordinance at the introduction r r 4LP Dr Attachment I i ADDI':ICNA- LANCJACE TO T'-D P- _,-ICSED CODE Zv2NDM:NT 85-2 PkGE 8 0 Q CP'r ,4 SPAC: A my^ .'nLT open _race area of .._�c . _area ( 600 ) scuarereet per cwell_nc a- it s-a._ be aroj.ced De- _-a t-e front � ard sit'ZaCK of eaC~ .O`_ , aL ocatec as fol_ows (a ) A T.^ -'num of two 1-'Lrcrec twe^`_ -r-ve ( :Z5 ) sc. are reet shall :e iocatec or :'e --rOLnc n ore area +vlt n --r_Tumn c_me,sicrs of f-fteen ( 15 ) feet NC" E to crov.ce for ^etter ces_a^ flexinility tie open space dimension raj De reaucea to ten ( 10 ) reet , provicea open space area m.Ln�,nums are reta.rec, w.tn the acnrova_ of the Director sub-ect to t-e fo'_lowinc criter_a ( i ) T_ e oven space s'-all be usap'_e for act_ve anc Tassive use ( 2 TIe dwellinc shall comaly with all otner prcylslons anc stancaras of :re Crclnance Coce ( � ) The reauctior shall resalt in _Ynprovec cesian anc utility of the ewelling unit (D ) Tle reTairing oxen space recairement ma ✓ be arovicec _n Da.Lcories or pecks , anove the c_rounc f_oor wick a riln.mLm c_mens_on of s.x ( 6 ) feet ►vEw * ( c ) Areas uses for access co tre ma-n entry anc �or t^e -a-" walkwav used to access saic ertry snail not De countec :or recLLrec open space PAGE 3 (Definitions ) N::w * 9700 15 (n ) Cpen Space sail mean any part of a lot or parcel unoestructee from tre around u-warp, excepting arc'�itectura, f=atures extendlna no more t'-an crirty ( 30 ) inches from tie z;tracture anc exclua_nc anv area of the s.te cevotec to crivewa ,s arc ct�,er nark?nc areas ( 02-'2D ) ORDINANCE NO 27BO AN ORDINANCE OF THE CITY OF HUNTINGTON BEACY AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9152 THROUGH 9158 OF APTICIE 915, AND 9352 THROUGH 9358 OF ARTICLE 935 AMENDING SECTIONS 9150, 9350, 9700 2, 9700 c, 9700 15, 9700 17, AND 9700 21 AND ADDING NEw ARTICLE 913 KAD SECTIONS 9700 11 WD 9791 12 RELATING TO OLDTOWN AND TOWNLOT DISmRICTS AND RESIDENTIAL OFF-STREET PARKING The City Council of the City of Huntington Beach does ordain as follows SECTION 1 Sections 9152 tnrough 9158 of Article 915, and sections 9352 tnrougn 9358 of Article 935 of the Huntington Beach Ordinance Code are nereby repealed SECTION 2 The huntington Beach Ordinance Code is heresy amended by amending sections 9150, 9350, 9700 2, 9700 4, 9700 15, 900 17 ano 9700 21 to reaa as follows 9150 PURPOSE The purpose of this article is to establish a specific plan consisting of residential aevelopment pro- visions and requirements to guide the orderly development and improvement of portions of an area identifiea as Oldtown Tv-s plan is established to guide the improvement of an area wnicn , by its physical limitations relating to lot size ana venlc-lar access, shoula not be regulated by aistrict standards appli- caole city-siae , bat shall be subDect to reg"lations contalnea in Article 913 of this code 9350 PURPOSE The purpose of this article is to establish a specific pla^ to gLiae the orderly development ana improve- ment of that area iaentified as Townlot Specific Plan - Area One This plan is established to guide the improvement of an area which, by its physical limitations relating to lot size and vehicu-ar access should not be regulatea by uistr;ct standards applicable city-wide, but shall ne sub3ect to reau-a- tions contaoned in Article 913 of this cone This soeciflc plan eliminates existing R2, R3 and R4 zoning In Townlot Specific Plan - Area One, ana in lieL thereof prociaes a spe- cific plan for optimum residential use 1 t { Huntington Beach Fountain Valley Bard ®f REA T®I SOInc. R E A LTO R 8101 dater Avenue a Huntington Beach CA 92647 ® (714) 847 609 1 June 24, 1985 Mayor Ruth Bailey and Members of the City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE D-2e Oldtown/Townlot Code Amendment #85-2, Downtown Specific Plans, District 2 Resolution #1343 Establishing Revised Development Standards for Single Unit Dwellings Honorable Council Members On behalf of the Board of REALTORS, I would like to reaffirm our previous positions which have already been presented to you in writing and in person, that the most appropriate mechanism for dealing with the problem of "bootleg units" is not a restric- tive building code, but rather, enforcement of the City's current zoning ordinances through a public complaint process We have contacted several other resort cities, all of which have dealt with this same issue All of the other cities deal with bootleg units through enforcement of their building codes We fail to understand why our City cannot handle this issue in the same manner We cannot ignore the reports from cities like Long Beach, whose Chief Inspector inform- ed us that 11907 of their residents comply on notification that they are in violation" or Laguna Beach, whose inspection staff told us that "most of our residents bring the property to code before the inspector even arrives" With regard to those few who apparently do not comply upon notification, the cities have an enforcement process, which they admit, "can take up to a few months," if all the steps allowable by law are required to get the property owner to bring the property into compliance with the code However, we have been assured time and time again that, in most instances, it is not necessary for the cities to take the maximum action Basically, it is our feeling that in these other cities, the emphasis is placed on those who violate the law, while the code amendment being considered in Huntington Beach will be imposed on everyone just to be sure that they don't violate the law This approach is tantamount to "equal punishment for all" and is simply a violation o private property rights OFFICERS KENT M PIERCE President • LILA NOWELL First Vice Presiden JAMES EWING Second Vice President MLS Chairman • R L KIRK KIRKLAND Secretary Treasurer DIRECTORS BETH DUNCOMBE • JAN SHOMAKER • BILL BLESSING • ELAINE STEPHENS• LARRY GAGE WILL WOODS Executive Vice President 9 JUDITH SEVERY Vice President Public Affairs �Auntington Beach City Council June 24, 1985 Rage 2 It appears to us that it is inappropriate for government to restrict the use of a person's property because a few people might choose to break the law We feel that property owners who have or wish to purchase property in Huntington Beach should have all the benefits of their property ownership as long as they comply with the law We do not feel that it is right to impose ridiculous developmental standards on all property owners In our view, to impose this code amendment is to assume that all are guilty rather than presuming innocence until guilt is proven, as required by every other law As has oft been said, "your right to swing your fist ends at the other man's nose", and we feel that the property rights of all of the downtown residents need to be pro- tected In that light, we support requirements for additional parking in the oldtown- townlot area As we reviewed the ordinance being presented this evening, one of the most onerous pro- visions is the imposition of a deed restriction We feel compelled to recommend that this be deleted in its entirety We feel that this would be of no value and would be unnecessarily burdensome to Huntington Beach homeowners, as well as creating additional work for city staff, whose efforts could be better spent enforcing our zoning codes Since both the code enforcement program and the deed restriction would be based on a process by which the city would investigate upon receipt of a complaint, it might be helpful for the city to consider a REASONABLE and APPROPRIATE resale inspection ordi- nance--and I have chosen those words carefully--which would provide an automatic trig- ger for inspection for code violations--upon sale of the property Over a period of time, this might be of more value in assuring the lawful use of downtown property We have offered our assistance to the City in the development of such an ordinance In conclusion, I would like to thank the City Council, the Planning Commission, City Attorney Gail Hutton, Administrator Charles Thompson, and the staff for their assis- tance in a very long, tedious, and sometimes heated, process, regarding this issue Our interest, as REALTORS, is--and always has been--to assure the protection of pri- vate property rights for current and future homeowners in the downtown area I believe the Ad Hoc Committee appointed by Mayor Bailey was an important asset to this process and would like to encourage the Council to make maximum utilization of public input as decisions are made which affect land use and private property rights in Huntington Beach Having had the opportunity to participate in this process, I would suggest to the Council that the lines of communications which have been established be maintained The Board of REALTORS stands ready to continue the dialogue on this and other issues which affect our community Thank you §inc rely, Kent M Pierce Board President KMP/JAS/km PLANNING LOW DENSITY RESIDENTIAL DISTRICTS ARTICLE 915 ARTICLE 915 OLDTOWN SPECIFIC PLAN IOW DENSITY RESIDENTIAL DISTRICTS (1912-5/74, 1954-2/75, 2171-5/77) S 9150 PURPOSE The purpose of this article is to establish a specific plan consisting of residential development provisions and require- ments to guide the orderly development and improvement of portions of an area identified as Oldtown This plan is established to guide the improvement of an area which, by its physical limitations relating to lot size and vehicular access, should not be regulated by zoning district standards applicable citywide S 9151 SPECIFIC PLAN BOUNDARY The property described herein is included in Oldtown Specific Plan and shall be subject to development pro- visions and requirements set forth herein Oldtown Specific Plan encompasses that area shown on the map in Section 9151 1 except, that property which is zoned other than residential remains unchanged as a result of this article Further- more, property containing oil or civic district suffix zones shall retain such suffix zoning designations Such zoning districts shall continue to be shown �► on all official district maps and the permitted uses and regulations pertaining to said districts shall continue to govern (This article continues on the reverse side) 9151 1 AREA MAP S i CIF CIF EI UzE, L / rJ L IGF-E _— � CFR _ < CF R w IIT] CIS s L M1 0 > a � a �� D ,� 0 � oa 0 �� ae o o C,� ao � ffi LEGEND COMMERCIAL PROPERTY EM CIVIC DISTRICT COMBINED WITH OIL PRODUCTION �,� O PLANNING LOW DENSITY RESIDENTIAL DISTRICTS S 9151 2 �-- S 9151 2 LEGAL DESCRIPTION Precisely, Oldtown Specific Plan includes the real property described as DISTRICT ONE That portion of Section 11, Township 6 South, Range 11 West in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51, page 14, Miscellaneous Maps in the office of the County Recorder of said county, described as follows Beginning at the intersection of the centerlines of Delaware Street and Memphis Avenue as shown on a map of Watsons Addition, recorded in Book 3, page 39 of Miscellaneous Maps in the office of the County Recorder of said county, thence easterly along said centerline of Memphis Avenue to the intersection with the centerline of Florida Street as shown on a map of Vista Del Mar Tract, recorded in Book 4, page 29 of Miscellaneous Maps in the office of the County Recorder of said county, thence southerly along said centerline of Florida Street to the intersection with the centerline of Indianapolis Avenue as shown on said map of Vista Del Mar Tract, thence easterly along said centerline of Indianapolis Avenue to the intersection with the centerline of Frankfort Avenue as shown on a map of Valley View Tract, recorded in Book 5, page 11 of Miscellaneous Maps in the office of the County Recorder of said county, thence southwesterly and westerly along said centerline of Frankfort Avenue to the intersection with the centerline of Delaware Street as shown on a map of Vista Del Mar Tract in Book 4, page 5 of Miscellaneous Maps in the office of the County Recorder of said county, thence southerly along said centerline of Delaware Street to the intersection with the centerline of Detroit Avenue as shown on said map of Vista Del Mar Tract, thence westerly along said centerline of Detroit Avenue into the intersection with the centerline of California Street as shown on said map of Vista Del Mar Tract, thence southerly along said centerline of California Street to the intersection of the centerline of Chicago Avenue as shown on said map of Vista Del Mar Tract, thence westerly along said centerline of Chicago Avenue to the intersection with the centerline of Alabama Avenue as shown on said map of Vista Del Mar Tract, thence northerly along said centerline of Alabama Avenue to the intersection of Hartford Avenue as shown on said map of Vista Del Mar Tract, thence westerly along the center line of Hartford Avenue to the east right-of-way line of the Southern Pacific right-of--way as shown on said map of Vista Del Mar Tract, thence northerly along said easterly line of the railroad to the intersection with the centerline of Memphis Avenue, thence easterly along the centerline of Memphis Avenue to the true point of beginning Excepting therefrom the following Lots No 19 and 20 of Block No 605 of Vista Del Mar Tract as shown on a map recorded in Book 4, page 5 of Miscellaneous Maps in the office of the County Recorder of said county Lots No 1 and 2 of Block 604 of Vista Del Mar Tract as shown on a map recorded in Book 4, page 5 of Miscellaneous Maps in the office of the County `' Recorder of said county S 9151 2 LOW DENSITY RESIDENTIAL DISTRICTS PLANNING DISTRICT ONE (continue) Lots No 9 and 10 of Block No 504 of Vista Del Mar Tract as shown on a map recorded in Book 4, page 5 of Miscellaneous Maps in the office of the County Recorder of said county DISTRICT TWO That portion of Sections 2 and 11 of Township 6 South, Range 11 West in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51, page 14, Miscellaneous Maps in the office of the County Recorder of said county, described as follows Beginning at the intersection of the centerline of Atlanta Avenue and Lake Street, as shown on a map of Huntington Beach, recorded in Book 3, page 36 of Miscellaneous Maps in the office of the County Recorder of said county, thence northerly along said centerline of Lake Street to the intersection with the centerline of Seventeenth Street, as shown on a map of Tract No 12, recorded in Book 9, page 13 of Miscellaneous Maps in the office of the County Recorder of said county, thence easterly along said centerline of Seventeenth Street to the intersection with the easterly right-of-way line of the Southern Pacific Railroad right-of-way, as shown on said map of Tract No 12, thence southerly along said east right-of-way line to the intersection with the centerline of Wichita Avenue, as shown on a map of Vista Del Mar Tract, recorded in Book 4, page 15 of Miscellaneous Maps in the office of the County Recorder of said county, thence easterly along said centerline of Wichita Avenue to the intersection with the centerline of Huntington Street, as shown on said map of Vista Del Mar Tract, thence southerly along said centerline of Huntington Street to the intersection with the centerline of Utica Avenue, as shown on said map of Vista Del Mar Tract, thence easterly along said centerline of Utica Avenue to the intersection with the centerline of Delaware Street, as shown on said map of Vista Del Mar Tract, thence southerly along said centerline of Delaware Street to the intersection with the centerline of Memphis Avenue, as shown on a map of Watsons Addition, recorded in Book 3, page 39 of Miscellaneous Maps in the office of the County Recorder of said county, thence westerly along said centerline of Memphis Avenue to the before mentioned east line of the railroad right-of-way, as shown on a map of Vista Del Mar Tract, recorded in Book 4, page 3 of Miscellaneous Maps in the office of the County Recorder of said county, thence southerly along the last mentioned easterly line to the centerline of Hartford Avenue as shown on a map of Vista Del Mar Tract, recorded in Book 4, page 4 of Miscellaneous Maps in the office of the County Recorder of said county, thence easterly along the centerline of Hartford Avenue to the centerline of Alabama Street, as shown on said last mentioned map of Vista Del Mar Tract, thence southerly along the centerline of Alabama Street to the centerline of Chicago Avenue, as shown on a map of Vista Del Mar Tract, recorded in Book 4, pages 5 and 6 of Miscellaneous Maps in the office of the County Recorder of said county, thence easterly along the centerline of Chicago Street to the centerline of California Street, as shown on a map of Vista Del Mar Tract, recorded in Book 4, page 5 of Miscellaneous Maps in the .� office of the County Recorder of said county, thence southerly 50 feet along 0 PLANNING LOW DENSITY RESIDENTIAL DISTRICTS S 9151 2 DISTRICT TWO (continue) the centerline of California Street, thence south 89017'21" west 30 feet, thence south 25038'58" west 158 62 feet to the south line of Lot 5 of Block 203, as shown on said last mentioned map of Vista Del Mar Tract, thence south 89018' 10" west 54 66 feet along the south line of said Lot 5 to the southwest corner of said Lot 5, thence south 0043'24" east 138 feet to the centerline of Baltimore Avenue, as shown on said last mentioned map of Vista Del Mar Tract, thence westerly along the centerline of Baltimore Avenue to the northerly extension of the west line of the east 1 00 feet of Block 103 of Vista Del Mar Tract, as shown on the last mentioned map, thence southerly along said last mentioned west line and its northerly and southerly extensions to the centerline of Atlanta Avenue, as shown on said last mentioned map, thence westerly along the centerline of Atlanta Avenue to the point of beginning Excepting therefrom the following All of Tract No 73 as shown on a map recorded in Book 10, page 21 of Miscellaneous Maps in the office of the County Recorder of said county so t REQUEST E®I1 CITY COUNCIL, 6CTI® t Date June 20, 1985 Submitted to Honorable Mayor and City Council Submitted by Charles W Thompson, City Administrat/r*, o Prepared by James W Palin, Director , Development Services 1*1)1 Subject OLDTOWN/TOWNLOT CODE AMENDMENT NO 85-2, DOWNTO N SPECIFIC PLAN, DISTRICT TWO RESOLUTION NO 1343 ESTABLISHING REVISED DEVELOPMENT STANDARDS FOR SINGLE UNIT DWELLINGS Consistent with Council Policy? V1 Yes [ ] New Policy or Exception Statement of Issue Recommendation Analysis Funding Source Alternative Actions Attachments �f STATEMENT OF ISSUE On June 17 , 1985 , the City Council continued Code Amendment No 85-2 to the June 24 , 1985 meeting date for further discussion and action On April 22, 1985, the City Council adopted an urgency ordinance for forty-five days enacting a building moratorium for construction of new single-unit dwellings in the Oldtown, Townlot, and Downtown Specific Plan areas This moratorium expired on June 6, 1985 Staff has prepared a revised code amendment which could help in preventing units approved as a single family dwelling from being modified to add illegal rental units (Ordinance revisions began prior to the moratorium to restructure and modify articles 915 and 935 ) The ordinance has evolved through three public hearings with the Planning Commission and discussions with the Ad-Hoc Committee Attached for City Council consiaeration are two ordinances, Urgency Ordinance 2775, which would immediately enact the code amendment and Code Amendment No 85-2 which includes the same provisions, but would take the customary time for adoption RECOMMENDATION Planning Commission action and recommendation ON JUNE 4, 1985, THE PLANNING COMMISSION RECOMMENDED TO THE CITY COUNCIL APPROVAL OF CODE AMENDMENT 85-2 AND ADOPTION OF RESOLUTION 1343 AMENDING THE OLDTOWN/TOWNLOT AND DOWNTOWN SPECIFIC PLAN DISTRICT TWO ON MOTION BY LIVENGOOD AND SECOND BY PORTER, MOTION TO APPROVE BY THE FOLLOWING VOTE AYES Porter , Livengood, Winchell , Rowe, Schumacher NOES Erskine, Mir3ahangir ABSENT None ABSTAIN None MOTION APPROVED PIO 5/85 The Staff recommendation is identical to that of the Planning Commission, however the Staff is also recommending that the City Council adopt Urgency Ordinance 2775 to immediately establish revised development standards for the Oldtown/Townlot/ Downtown Specific Plan areas ANALYSIS At the June 4 , 1985, Planning Commission meeting discussion centered on key development standards which would change as a result of this code amendment The Staff has provided (attached) a simplified summary of the proposed modifications as well as the actual ordinance As summarized in the minutes of that meeting, the issue of parking and its relationship to open space and the definition of bedroom were of primary concern The Planning Commission also engaged in detailed discussions over bulk of units currently being constructed The Staff provided several alternatives which would affect a positive change on building bulk , the Commission ultimately decided to manage this concern by proposing a change in the upper-story setback Adoption of the Code Amendment would combine the Oldtown/Townlot Specific Plan standards into one code section while reorganizing the definitions and parking requirements into their appropriate articles ENVIRONMENTAL STATUS The proposed code amendment is exempt from environmental review pursuant to the provisions of the California Environmental Quality Act FUNDING SOURCE Not applicable ALTERNATIVE ACTION Revise code amendment 85-2 to satisfy the City Council concerns , or not adopt the new code amendment ATTACHMENTS 1 Summary of Code Change 2 Comparison of existing and proposed provisions 3 Ordinance 4 Resolution 1343 5 Current Oldtown and Townlot Specific Plan Standards 6 Planning Commission Staff Report JWP JA kla RCA - June 20, 1985 -2- (2612d ) COMPARISON OF PROVISIONS OLDTOWN/TOWNLOT Existing Articles Draft New Article 913 Minimum Parcel Size/ 2500 square feet w/30 No Change Frontage ft of frontage, if parcel was created prior to ordinance change Floor Area Ratio None Maximum 1 0 F A R Maximum Height 30 feet No Change Upper Story Setbacks Third floor portion Height limited to 22 ft of bldg 25 ft from within twenty-five feet property line of front and rear property line Maximum Site Coverage 50% No Change Setbacks Front Oldtown 15 ft min No Change Townlot 12 ft min Side 3 ft min No Change Rear 7 5 ft min , except 7 5 ft , except where portion of structure driveway pad provided for above first floor parking, setback of double plate can garage shall be 24 cantilever to ft within 2 5 ft of *Architectural features rear property line can project to within 5 ft Open Space (New) Rec/Open Space Open Space 25% of the resi- 600 sq ft total per dential floor area, dwelling unit, Min 225 separated into sq ft on ground, Min Rec/Open Space (Old ) private and common dimension 15 ft recreation space Remaining can be pro- 10 ft min dimension vided in balconies or decks , min dimension 6 ft t COMPARISON OF PROVISIONS (Continued ) Existing Articles Draft New Article 913 Parking Two enclosed spaces Two enclosed spaces for units with up to 3 bdrms , and one space for each additional bedroom Miscellaneous Requirements Connection Corridor 3 ft 7 ft between living areas over garage and re- mainder of dwelling Single-unit Not specified Clarifications limiting Design Standards units to one kitchen, one central heating system, one meter , one mailbox Also requirement for recorded declaration With a new requirement calling for a declaration to be recorded by the property owner stating that the building was constructed and will be limited to a single unit development � t COMPARISON OF PROVISIONS (Continued) Permitted Uses No change Maximum Density/Intensity No significant change Simplification of density chart Nonconforming Sites No change Landscaping No change Fences , Walls and Hedges No change Other Changes New definitions for Bedroom, Wetbar Revised definitions for Kitchen, Open Space, Site Coverage (2730d ) r PDDITIONAL : At,GuAGE TO PAGE 8 OF THE PPOPOSED CODE AMENDLOE,,4T 85-2 9130 9 OP--L' SPACE A minimum open space area of nundred (600 ) square feet cer aw-fling unit snali be pro✓iaed behina the front yard Setback of each lot , allocatea as follows (a ) A minimum of tdo hunar-d twenty-fire ( 225 ) square feet st ai_ bp located nri the arnuna in one a--ea %vitr minimum almens �ons or fifteen ( 15 ) feat * (-,Tr fio - covia- for oerrer design flexibll�tj the 7i- ,Tu-r cl"lenslcn may be r--alcec `c te- ) teeL , orJ�, 1Gec GGen Space area mLnlmL,ns are re--al-ed, 4itn the approval of the Director suo3ect to the f(,flowing criteria (it T 't, ouf n space shall oe usav-e for active an- uassi ✓e U Q e ( � � 'The awpllir,� Snal , com-olv pith al- otner provls_oi a-c, staff �iarc.S of the Or(,inanc�2 Coce Lnan ar u' I I L - of t)r - LLnc: unit ( oj T 'C reriJL" ,1r Qr'f r is -rul _eG 1 �_ 1 onf-s or Eck - , aLo ,e ie yrounu floor Nitn a ru ailiens-orl or S1Y ( 6 ) ftzet (0232D ) / c� m� Palms I L O 2.'Q 2_72J easements s'-,all meet the following standards BEN J:'-i FEQL I ETiyNT+ Less than 100 feet Ten ( 10) feet clear vioth One nanarea (100 ) feet to Twenty ( 20) zeet clear widen 150 feet One nunared fifty feet Cul-oe-sac or namrrerheao ( 150) feet or none tarnarounn located at terminus , forth (4^) foot ir--_rrarr v,icth � ) Access Vnen a lot abuts an arterial rignwav and a local street , access to on-site parl.lnc snail ne frorr the local street When a lot abats an alley, access shall be frori t-e al.Ley u^less a afferent access is anprovea o� the Planning Commission Vnen a lot Gouts two arterial ways , access s'�iall :De sao7ect to the appro% al of tre Director of Pablic wor} s SECTION 3 'True City Council finds that there is a cLrrent ana irrmea-ate tl-ireat to the panlic 'ieaith, safety and welfare because of possib-e -Llle^al conversio- to maltlple-unit awellings of o, .Iaings crlginaliv approved as s.nale-un.t we l-nas t'-,at resent 1 r it e^t a t r ate 1 _ p parking ecu ezn s ray no e� ,.o the intens.ty of a use that an increase _^ poa_yat,o^ :ensltt u-=y e> ceea tnat alloweo ny the pro% _Ls�ons of the v4^t_nct0^ Beach Oralnance Coae ana t`'ie reg-lat.Lo^s ana galaelines set o--- ^erelnbefore are necessary to preser e the stat"s cao �n the areas saeclfiea SECT:01% 7%.s ora_nance sl-iall taYe e_fect irrneaiately, narsaa^t to Hantington Beach City Charter sect.on 5r1 "_The Ll tY Clerk snall certify to t'7e passage of t*',is oralnance and s-all cause same to be published within fifteen aays of its aaoptio- .^ a newspaper of general clrcu_atlon P7-SSED IND ADOPTED by the City Council of the C�t,� of a�nt,rator Beacr at a reg-lar meeting thereof �iela o^ t',e aav of L925 7-"_'TEST Mayor City Clerk 12 ,ate jk Otto R 'v!E;NED AND APPROVED APPROVED kST++O FOR_* City Aim-nistrat 1-NITiATED AND APPROVED ✓ L//J 4 1' All �lr .ector o: ,rev �oome^ Services i 1 RCS aqo 3J37,/0638E 3 111'35 4/11/85 4 '17/85 /85 5/10 '85 6 1- 85 6/21/85 i 13 f 09 0. DRAFT MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chamber3 Civic Center 2000 Main Street � Huntington Beach, California TUESDAY, MAY 22 , 1985 - 7 00 P M COMMISSIONERS\\PRESENT Rowe, Winchell , Schumacher , Livengood, Porter Mir3a anger COMMISSIONERS ABSENT Erskine CONSENT CALENDAR-\\ A-1 Minutes of the Planning Commission Meeting on May 7 , 1985 A-2 General Plan Conformance No 85-2 A-3 General Plan Conformance No 85-3 ON MOTION BY S HUMACHER AND SECOND BY MIRJAHANGIR THE MAY 7, 1985 PLANNING COMMISSION MEETING MINUTES WITH CORRECTIONS, GENERAL PLAN CONFORMANCE NO 85-2 , AND GENERAL PLAN CONFORMANCE NO 85,3 WAS APPROVED BY THE FOLLOWING VOTE AYES Rowe, Winchell , Schumacher , Livengood, Mir3ahangir NOLS None ABSENT Erskine, Port\r,' ABSTAIN None B ORAL COMMUNICATIONS AND COMMISSION ITEMS B-1 Historic Preservation slide presentation - Barbara Milkovich REGULAR AGENDA ITEMS C-1 OLDTOWN/TOWNLOT CODE AMENDMENT NO 85-2 , DOWNTOWN`SPECIFIC "PLAN,DISTRIC-T-TWO-RESOLUTION-NO 1343 On May 7 , 1985, the Planning Commission opened the public hearing on the proposed code amendment for the Oldtown, Townlot and Downtown Specific Plan, District Two areas The current code does not have sufficient provisions limiting floor plan design or other specific restrictions which could help in preventing units approved as a single family dwelling from being modified to add illegal rental units I � R� � -1- P C May 22 , 1985 �'V 4, U i THE PUBLIC HEARING WAS OPENED Shirely Long, member of the Board of Realtors Inc , spoke in oppostion of the proposed project Kirk Kirkland spoke in opposition to the proposed amendment Michael McMahon spoke in opposition to the proposed amendment Mike Abraham spoke in opposition to the proposed amendment Kent Pierce , President of the Board of Realtors, Inc , spoke in opposition to the proposed amendment Robert Corona spoke in opposition of the proposed amendment Lowell Zehnder spoke in opposition to the proposed amendment There were no other persons to speak for or against the proposal and the public hearing was closed Commissioner Livengood suggested going through the ordinance for comments from the Commission Commissioner Mirjahangir stated he would like to see four parking spaces required for all structures in the Downtown area Commissioner Schumacher stated that she agreed with Commissioner Miraahangir regarding four spaces per unit, provided that two be enclosed and the other two have an apron in the alley This may necessitate eliminating the courtyard area Commissioner Mir]ahangir stated that he would like to delete the requirement of limiting the height Mike Adams stated that staff revised this section of the ordinance to read Multistory Dwelling Fxception there shall be a minimum offset between the second and third floor of ten ( 10 ) feet at the front of the structure and five (5 ) feet at the rear The Commission discussed Section 9130 12 No 4 of the ordinance in regard to obtaining permission from staff to place additional outside "key" entrances The Commission disagreed with this requirement Commissioner Mir3ahangir suggested that staff come back with landscaping standards for the sides of the apron and garage The Commission decided to change wording in the definition for bedroom to eliminate tying the number of parking spaces to bedrooms Commissioner Winchell asked staff if this could be continued for staff to incorporate the Commissions input Secretary Palin stated yes , but staff would have to recommend to City Council to extend the moratorium due to the fact that it will expire within a few days L -2- P C May 22, 1985 � y ON MOTION BY LIVENGOOD AND SECOND BY MIPJAHANGIR OLDTOWN/TOWNLOT CODF AMENDMENT NO 85-2 , DOWNTOWN SPECIFIC PLAN, DISTRICT TWO RESOLUTION NO 1343 WAS CONTINUFD TO THE JUNE 4, 1985 PLANNING COMMISSION MEETING BY THE FOLLOWING VOTE AYES Rowe, Winchell , Schumacher , Livengood, Miraatangir NOES None ABSENT Erskine, Porter ABSTAIN None -C-2 CONDITIONAL USE PERMIT NO 84-38 , CONDITIONAL EXCEPTION NO 84-011 , COASTAL DEVELOPMENT PERMIT NO 85-3 Conditional Use `Permit No 84-38 is a request to allow the addition of a second unit to an existing single family residence pursuant to Section 9101 3 of the Huntington Beach Ordinance Code Conditional Exception 84-011 is\a request to alter the reduction of a rear yard setback from ten (1\0�) feet to Six ( 6 ) feet as required in Section 9103 3, R1 , Low Density Residential Zoning District Coastal Development Permit No \ 85-3 is a mandatory entitlement pursuant to provisions set forth \in the recent certification of the Local Coastal Plan by the Coastal Commission On May 7 , 1985 , Conditional Use Permit No 84-38, Conditional Exception No 84-011 , Coastal Development Permit No 85-3 were automatically continued to the May 22 , 11985 Planning Commission meeting as a result of a \3-3 tie vote The applicant is requesting a second unit in an RI-CZ ;\ Low Density Residential District , Coastal Zone The applicant presented revised plans for staff review on May 15 , 1985 The revised plan\ maintain a t1en( 10 ) foot rear yard setback This change eliminates the necessity for Conditional Exception No 84-011 The revised plans also indicate an additional sitting room to the floor plan\of the existing residence When the second unit abuts the proposed sitting room, the applicant feels that a fifty (50 ) percent connection between the existing residence and the second unit will be provided THE PUBLIC HEARING WAS OPFNED Andrew Allegretti , owner , spoke inksupport of the pro3ect and also stated that he concurred with the alternative action submitted by staff ` \ Jim Poper , architect , spoke in support of the proDect and also stated that he concurred with the alternative action submitted by staff There were no other persons to speak forlor against the proposal and the public hearing was closed 1\\ Commission review ensued Mike Adams informed the Commission that the applicant has met the requirements of tehe ordinary code and that the Conditional exception was no longer part\of the proposal He stated that due to this staff was recommending approval of the alternative action ,\ t i1 � � -3- P C May 22 , 1985 i C Commission Rowe questioned the earthquake fault stating that he had researched this issue and found that a fault goes through the proposed property going directly under where the buildings are located He stated that he has spoke with a geologist who said that this was a very serious fault line in California at the present time The Commission asked the applicant if a professional geologist had been consulted John Mandrell , Civil Engineer on the project, stated that no consultant has been contacted at this point He stated that they were aware of the requirement for a geologist to take tests to spccifically determine where the fault lies and make recommendations for the structural design of the building This must be accomplished before the building permits are issued Commission Schumacher stated that she felt the plan should not be approved until the geologist report and field testing has been done Commission Erskine stated that this issue is not a new one and referred to condition no 28 in regards to the Alquist Priola Act stating that an engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property before issuance of building permits He stated that if the building needs to be modified after the report , the applicant will have to come back to the Commission to modify the site plan Commissioner Mir3ahangir stated that as a past city employee as structural engineer he studied the city of Huntington Beach and there was no evidence of any fault line that can show a surface rupture Commissioner Schumacher stated that she would be voting against the motion because she was opposed to the original Zone Change removing the recreational open space designation due to the overall lack of open space in the harbour She also stated that she feels the project contradicts the Coastal Plan due to the fact that it does not adequately address view corridors In addition, she felt the project was to intense a use for this piece of property ON MOTION BY ERSKINE AND SECOND BY MIRJAHANGIR MOVED FOR APPROVAL OF THE PROJECT WITH STAFF 's RECOMMENDATIONS AND CONDITIONS AS OUTLINED, BY THE FOLLOWING VOTE AYES Livengood, Erskine, MirDahangir NOES Rowe, Winchell , Schumacher ABSENT Porter ABSTAIN None Secretary Palin stated that a lack of four affirmative votes automatically continues the item to the next regularly scheduled meeting � r Commissioner Erskine asked staff to bring this item back to the next regular meeting for information that was being asked regarding the discrepancies between the description of locations of the earthquake fault ON MOTION BY LIVENGOO\D\ AND SECOND BY ERSKINE CONDITIONAL USE PERMIT NO 85-15, TENTATIVE TRACT NO 11881 , CONDITIONAL EXCEPTION NO 85-18, AND COASTAL DEVELOPMENT PERMIT NO 85-2 WAS CONTINUED BY THE FOI LOWING VOTE \\ AYES Rowe, Winchell , Schumacher , Livengood, Erskine , Mirjahangir NOES None ABSENT Porter ABSTAIN None C-3 OLDTOWN/TOWNLOT CODE AMENDMENT NO 85-2 DOWNTOWN SPECIFIC PLAN RESOLUTION NO 1343 Applicant City of Huntington Beach On April 2 , 1985, the Planning Commission last discussed the problems within the Oldtown, Townlot and Downtown Specific Plan , District Two areas where a unit approved as a single family dwelling has later been modified to add illegal rental units The current code does not have provisions limiting floor plan design or other specific restrictions which could help in preventing such illegal I conversions The Planning Commission requested that a code amendment be prepared to reflect the discussion items generated by staff and the Planning Commission which are listed below 1 Require additional parking for units with four or more bedrooms The additional spaces could be provided on a driveway pad twenty feet in depth 2 Limit height over garage ana require a minimum connection with the main dwelling before any upper level living areas over the garage are permitted 3 Increase setback requirements for upper stories 4 Allow only partial credit for recreation space above ground level ( 1 e balconies ) 5 Limit development square footage by a floor area ratio of 0 75 ( Example A typical lot of 2, 875 square feet would accommodate a maximum dwelling size of 2 ,156 square feet Commissioner Erskine commented on the 28 violations that staff is aware of at the present time He stated that the key to correcting these existing problems is additional code enforcement and he stated that he was informed that the city does not have adequate inspectors to accomplish this He stated that he would hope that any action that was taken at this date to urge City Council to find additional dollars to strengthen the code enforcement I Commission review ensued The Commission discussed the side yard set back requesting explanations ZHF PUBLIC HFARING WAS OPFNED Mike Abraham, spoke in opposition of the code amendment He stated that he was opposed mainly to the limited height over the garage Kent Pierce , from the Board of Realtors , stated that he wished to express strong opposition to a number of provisions in the proposed amendment pertaining to the square footage of 2100 square feet , the height limitation, the definition for bedroom He stated that he was in support of the parking requirements and the front set back Mike McMahon, spoke in opposition of the code amendment stating that it was too restrictive towards a "bootleg" problem which has room for other solutions Robert Corona , stated that he has built many homes in the downtown area Be spoke in opposition to the code amendment John Purdue, stated that the restrictions being imposed are restricting citizen 's businesses , and stated that he was very much opposed to the code amendment Norman Morrison , professional license engineer in control systems , stated that the city blocks anybody trying to make improvements in the city Natalie Kotsch, real estate agent, spoke in opposition to the code amendment Tom Jacobs , builder , spoke in opposition to the code amendment However , he did indicate that solutions to this problem are not , easy He he stated he was very disappointed to see a moratorium as a solution He was opposed to the 30 foot height limitation , upper story setbacks, and requested a better definition of bedroom He requested the Fire Department comment on the outside stairs He stated that the floor area ratio was unrealistic Jim Mershman, spoke in support of the code amendment stating he did not want to see the city turned into an overcrowded slum Tony Ursino , stated that he has resided in Huntington Beach for 22 years He stated that he was in opposition of the coae amendment because it is to restrictive Jane O'Reilly, spoke in opposition of the code amendment Jacque Petty, spoke in support of the code amendment He stated that he lives next door to a single family home that is occupied by more than one family and stated that he hopes the Commission can do something about this There were no other persons to speak for or against the proposal and the public hearing was closed Commission review ensued Chairman Livengood stated that some concerns were brought up in the public hearing such as the outside stairs He asked staff how this would impact the Fire Departments regulations Another concern was the definition of bedroom He stated that the other question was to the City Attorney for a way to control "hootleq" units on deed restrictions ( ommissi one r Win chcII ,tated that it ippcarcd that thf ( ommiScion nccded at least two weeks or maybe longer to have some input It seems that the most disagreement i5 the square footage and the height restriction i Commissioner Schumacher stated that it irritates her to hear people say that the city is creating a slum and stopping progress She felt the square footage is too restrictive and should be on a 1 to 1 basis She stated that the definition of bedroom and the parking are the areas she is most concerned with Chairman Livengood stated that he was informed of a known 54 illegal units He asked staff why nothing has been done to rectify this prior to this time His feelings were that the 54 units should be cleared up first He stated that his main concerns were the traffic and parking Commissioner Erskine stated that he felt the parking standards need to be increased and that the definitions need to be tightened he stated that he understands what the public speakers were referring to as far as the bedroom definition He stated that he felt the height restriction of 22 feet was too restrictive and that something a little under 30 feet would be adequate He stated that he agreed with Commission Schumacher on the square footage should be on a 1 to 1 basis Commissioner Erskine also stated that code enforcement must become a reality not a concept He stated that a deed restriction would add teeth to the ordinance and that he would like to get some resolution to that idea Commissioner Mir3ahangir stated that that staff should tone down some of the regulations to the ordinance in order to meet the demands of the market Chairman Livengood asked the City Attorney to make a recommendation on the deed restrictions Attorney Sangster stated that it did not provide any significant assistance to the City only in respect to giving people a little more notice of limitation He stated a system that Newport Beach uses would be more effective by requiring anyone who is transferring property or purchasing property would have to obtain a certificate of compliance stating that the property is in compliance with the city ordinance and building codes Chairman Livengood asked the Fire Department to explain the impact on the outside stairs as far as fire regulations are concerned 1 Tom Poe of the Fire Department stated that the Fire Department only requires one exit and an emergency window for people to exit from the second floor After further discussion, Commissioner Erskine did not feel that the Commission could achieve a resolution Commissioner Erskine said he would favor a motion to continue with direction to staff to recommend some sort of deed restriction, more code enforcement , evaluate the floor ratio, the height restrictions and definition of bedroom ON MOTION BY ERSKINE AND SECOND BY SCHUMACHER OLDTOWN/TOWNLOT CODE AMENDMENT NO 85-2 SPECIFIC PLAN RESOLUTION NO 1343 WAS CONTINUED BY THE FOLLOWING VOTE AYES Rowe, Winchell , Schumacher , Livengood, Erskine, Mir]ahangir NOES None ABSENT Porter ABSTAIN None C-4 CONDITIONAL USE PERMIT NO 84-38/CONDITIONAL EXCEPTION NO 84-011/COAS7AI {DEVELOPMENT PERMIT NO 85-3 Conditional Use Permit �No 84-38 is a request to allow the addition of a second unit to an\\existing single family residence pursuant to Section 9101 3 of the Huntington Beach Ordinance Code Conditional Exception 84-011 is a request to alter the reduction of a rear yard setback from ten (10 ) feet to six ( 6 ) feet as required in Section 9103 3, R1 , Low Density Residential Zoning District Coastal Development Permit No 85\-3 is a mandatory entitlement pursuant to provisions set forth in the\recent certification of the Local Coastal Plan by the Coastal Commission THE PUBLIC HEARING WAS OPENED Jim Poper , speaking for Andr\\Alegretti , spoke in support of his proposal He stated that staff\at first gave the go ahead but later told him that the pro3ect was unacceptable He stated that he and his client felt they were misled There were no other persons to speak for or against the proposal and the public hearing was closed \ Chairman Livengood asked staff for 1a ification on the sitting room Mike Adams of staff stated that this plan is new to staff this evening, stating that the rendering on the wall is not part of the submission that was submitted to the Commission last Friday, although that did not change the staff °s \\ecommendation on this pro3ect Chairman Livengood asked staff if proper n\�otification was sent out �... to the neighbors Mike Adams of staff stated yes , he also stated that staff has received some phone calls from concerned neighbors but it seemed that none had showed up for the meeting Commissioner Winchell asked staff what the problem was with the architectural integrity Mike Adams stated that the intent of the code section was to make it a unified whole Commissioner Mirjahangir asked staff if the issue here was the set back or the 50% connection Mike Adams of staff stated that that the 50% connection was staff 's interpretation of a way to make the T project a unified whole the primary issue was the encroachment , into the setback area Chairman Livengood stated that this is an unusual lot with a configuration which seems like the latest design fits into the lot which must have been a challenge with the way the lot is situated He stated that he would be in favor of the project ON MOTION BY WINCHELL AND SECOND BY SCHUMACHER CONDITIONAL USE PERMIT NO 84-38/CONDITIONAL EXCEPTION NO 84-011/COASTAL DEVELOPMENT PERMIT NO 85-3 WAS VOTED TO BE DENIED BY THE FOLLOWING VOTE i AYES Rowe, Winchell , Schumacher NOES Livengood , Erskine, Mirjahangir ABSENT Porter ABSTAIN None _MOTION FAILED AND CONTINUED TO MAY 22, 1985 PLANNING COMMISSION MFETING DUE TO THE LACK OF FOUR AFFIRMATIVE VOTES C-5 CONDITIONAL USE PERMIT NO 85-18/CONDITIONAL EXCEPTION NO 85-20 Applicant Robert Zinngrabe Conditional Use Permit No 85-18 is a request to develop an 81 unit ( two efficiency units , 59 one-bedroom units, and 20 two-bedroom units ) retirement home Conditional Exception No 85-20 is a request to permit the following a ) Portions of the building to be setback 16 feet from the north property line in lieu of the 20 ' perimeter setback requirement (Sec 9645 6 ) , b ) Twenty two-bedroom apartment units instead of all one-bedroom units (Sec 9645 9 ) c ) Two efficiency units with a minimum area of 435 square feet in lieu of a minimum sq ft of 500 (Sec 9645 9 ) , a ) A parking ratio of one space for each three one-bedroom units and one space for each 1 5 two-bedroom units instead of one space per unit ( Sec 9645 10 ) , and e ) Eighteen compact size parking spaces at a ratio of 19 6 percent, no compact spaces are permitted for residential projects with less than 100 units (Sec 9645 10 ) RESOLUTION 1343 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH CLARIFYING THE APPLICATION OF DEVELOPMENT STANDARDS FOR SINGLE UNIT DWELLINGS IN THE TOWNLOT AREA SHALL APPLY TO SUCH CONSTRUCTION WITHIN THE DOWNTOWN SPECIFIC PLAN, DISTRICT TWO WHEREAS the Planning Commission has found that a serious problem exists with the illegal conversion to multiple unit dwellings of buildings originally approved as single unit dwellings, and WHEREAS, the Planning Commission has determined that amended ordinances governing the development of single family units in the Oldtown and Townlot areas are necessary to prevent illegal units, and WHEREAS, the purpose of the Downtown Specific Plan , District Two was to guide the development of consolidations of parcels for residential development, and not to regulate the construction of single-unit dwellings, and WHEREAS, applications for construction of single-unit dwellings in the Downtown Specific Plan, District Two have been checked for conformance with the Townlot standards ,� WHEREAS, the Downtown Specific Plan required Coastal Commission review as do any changes to the document , this resolution clarifying the intent of the plan will be followed up by a code amendment to the Downtown Specific Plan subject to review by the Coastal Commission at a later date NOW THEREFORE, BE IT RESOLVED, that the Planning Commission hereby states that the development standards outlined in the Townlot District shall apply to single-unit dwellings requested to be constructed within the Downtown Specific Plan, District Two REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach on the 16th day of April 1985 by tl-- following roll call vote AYES NOES ABSENT ABSTAIN ATTEST es W Palin, Se retary Tom Livengood, Chairman ( 2358d) I CODE AMENDMENT NO 85-2 ORDINANCE NO AN ORDINAN OF THE CITY OF H TINGTON BEACH AMENDING TH HUNTINGTON BEAC ORDINANCE CODE BY REPEALING AR ICLES 915 AND 9 5, AND ADDING THERETO NEW A TICLE 913 AND SECTION 9791 12 7, RELATING TO 0 TOWN AND TO OT DISTRICTS, AND RESIDENTIAL OF -STREET PA ING The City Council of the City of Huntington Beach does ordain as tollows SECTION 1 Articles 915 d 9.35 of the Huntington Beach Ordinance Code are hereby rep led SECTION 2 The Huntingt n Beach Ordinance Code is hereby amended by amending sectio 97 0 2, 9700 4, 9700 15, and 900 17 to read as follows D6�-NS 9700 2. Words begin ng wit the letter B shall have the following definitions surION PA'ne.L',10 (a) Bedroom. Any oom which ets the minimum require- ments of the building ode for a ha table room, which is con- structed in such mann that less th n 50 percent of one wall is open to an ad jacen room or hallwa , and which can b�, J` 61 readily used for Pri to sleeeing 12ur ses shall be counted as rtvwaa a roost or e p pose o etermin \, a ired parking or si we Q- SAIds other requirements. a9 6%*Wa (X b) Block. All the real propetting one side O of a street betwe n the end of said st a city limit line and the nearest oss street, or betwconsecutive crass streets. (X c) Bui din A structure, haoo supported by columns or ails for the support hoshe ter and/or enclosure of ny person, animal , or cand hen any por- tion thereof is separated trom every ortion thereof by a masonry wal without openings, extendi the ound to the upper surta a of the roof, then such portion may be deemed a separate b ilding 1 -Dg1L-y p z-Or- 2-7 Publish Date August :=, 1985 LEGAL NOTICE ORDINANCE NO 2780 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9152 THROUGH 9158 OF ARTICLE 915 AND 9352 THROUGH 9358 OF ARTICLE 935, AMENDING SECTIONS 9150, 9350, 9700 2, 9700 4, 9700 15, 9700 17 AND 9700 21, AND ADDING NEW ARTICLE 913 AND SECTIONS 9700 11 AND 9791 12 7 RELATING TO OLDTOUN AND TOWNLOT DISTRICTS AND RLSIDENTIAL OFF-STREET PARKING " SYNOPSIb Ordinance No 2780 amends the duntington Beach Ordinance Code dy amending district regulations and definitions in the Oldtown and Townlot Districts to incluce L-nanges in tre parking requirements, floor area limitations, open space, upper story setbacks and single unit design standards THE FULL TEXT OF THE, ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE ADOPTED bi the City Council of the City of Huntington Beach at a regular meeting held Monday , August 19, 1985, by the following roll call vote AYES Councilmen Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES Councilmen None ABSENT Councilmen None NOT VOTING Councilmen Mandic CITY OF HUNTINGTON BEACH Alicia M Wentworth City Clerk Pub ah June 6, 1985 NOTICE OF PUBLIC HEARING CODE AMENDMENT 85-2 & URGENCY ORDINANCE NO 2775 OLDTOWN/TOWNLOT/DOWNTOWN SPECIFIC PLAN DISTRICT 2 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 17th day of June, 1985, for the purpose of considering an amendment to the district regulations for the Oldtown, Townlot and Downtown Specific Plan District No 2 areas of the City to include changes in the parking requirements, floor area limitations, open space, upper story setbacks, and single-unit design standards The Council will also be considering the adoption of the code amendment through an urgency ordinance so that the proposed changes are effective immediately All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment 85-2 and Urgency Ordinance No 2775 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648 - (714) 536-5227 Dated June 5, 1985 CITY OF HUNTINGTON BEACH By Alicia M Wentworth City Clerk t � T r OPDINANCE NO 2780 AN ORDINANCE OF TnE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9152 THROUGH 9158 OF ARTICLE 915, AND 9352 THROJGH 9358 OF ARTICLE 935 AMENDING SECTIONS 9150, 9350, 9700 2, 9700 4, 9700 15, 9700 17, AND 9700 21 AND ADDING NEI% hRTICLE 913 AND SECTIONS 9700 11 AND 9791 12 7, RELATING TO OLDTOWN AND TOWNLOT DISTRICTS, AND PESIDENTIAL OFF-STREET PARKING The City Council of the City of Huntington Beach does ordain as follows SECTION 1 Sections 9152 throug}i 9158 of Article 915, and sections 9352 througn 9258 of Article 935 of the Huntington Beacn Ordinance Code are hereby repealed SECTION 2 The Huntington Beach Ordinance Code is herebj amended oy amending sections 9150, 9350, 9700 2, 9700 d, 9700 _L5 , 9700 17 and 9700 21 to read as follows 9150 PURPOSE The purpose of this article s to establish a s- Lic plan consist_ng of resiaential ae,�elopment pro- visions and requirements to guide the oraerly aevelopment and improvement of portions of an area iaentified as Oldtown This plan is established to guide Lhe improvement of an area which, by its physical limitat-Lons relating to lot size ana veh�c..4lar access, should not be regulated by di14t1rict standards appli- caole city-wide, but shall be sun3ect to regulations containea in Article 913 of this code 9350 PURPOSE The purpose of this article is to establish a specific plan to guide the orderly development and improve- ment of tnat area identified as Townlot Specific Plan - Area One This plan is established to guide the improvement of an area wnich, oy its physical limitations relating to .1.ot s..ze and ve'-icular access, should not be regulated by aistrict standards applicable city-wide, but shall be sub3ect to regula- tions contained in Article 913 of this code This specific plan eliminates existing R2, R3 and R4 zoning in Townlot Specific Plan - Area One, and in lieu thereof provides a spe- cific plan for optimum residential use 1 9700 2 Words beginning with the letter "B" shall have the following aefinitions (a) Bedroom Any room which meets the minimum require- ments of the building code for a habitable room, which is con- structed in such manner that less than 50 percent of one wall is open to an ad-iacent room or hallway, and which can be readily used for private sleeping purposes shall be counted as a bedroom in order to determine the parking areas or other requirements Exceptions to this definition sha.Ll be those rooms which regularly make up a standard dwelling unit such as one kitchen, living, family or recreation and dining room, and the customary sanitary facilities (b) BlocK All the real property abutting one side of a street oetween the end of said street of a city iimit line and the nearest cross street, or between two consecutive cross streets (c ) Building k structure, having a roof supported by columns or walls for the support housing, shelter and/or en- closare of any person, animal, or chattel and when any portion rnereof Ls separated from everN ot-ier portion thereof by a masonry wail witnoat ope-ings, extenairg from the ground to tie Lipper surface of the roof , t-ien such portion may be deemed a separate Building (d) Building Height Tie vertical distance from the lowest e_evation of the ground immediately aa,acent to the bu_Llaing to the lhigl-lest point of the roof (e ) Building Site The ground area occupied by a building or buildings together with all the yards and open spaces re- quired by applicable provisions of Division 9 (f ) Bungalow court A group of three or more detached or semidetached one-family or two-family dwellings located upon a single lot having a common court or yard and a separate en- trance on the ground floor for each apartment or dwelling, inclaaing dwelling groups and house courts but not automobile courts 9700 4 fiords beginning with the letter "D" shall have the following aefinit,ons (a) Director shall mean the Director of Development Services or nis duly authorized representative except where specifically provided otherwise (b) D.Lstrict Any area, or areas , similarly classified 2 whether contiguous or not, and shown by specific and similar designations on the maps which are a part of Division 9 (c) Dwelling A building or portion thereof designed and occupied exclusively for residential purposes including single-unit and multiple-unit dwellings, but not including hotels or boarding houses An individual dwelling unit shall contain only one kitchen and be designed for occupancy by one family for living and sleeping purposes (d) Dwelling, Multiple Unit A building or buildings designed for and occupied by two or more famil,es, all living independently of each other and having separate kitchen and toilet facilities for each family (e) Dwelling, Single-unit (Family) A detached building designed primarily for the use of a single family, no portion of which is rented as a separate unit 9700 15 Words beginning with the letter "0" shall have the following definitions (a) Open or Public Land Open or public land shall in- cluae parxs dedicatea or proposed to oe dea.Lcated for public use, school sites, easerents or rights-of-way for electrical transmiss.Lon lines, or areas set aside for public water uses or flood control channels (b) Open Space shall mean any part of a lot or parcel unocstructed from the ground upward, excepting arc�itectiral features extending no more than thirty (30) inches from the structure and exclsd-nc, any area of the size devoted to driveways and other parking areas (c) Open Space, Common shall mean belonging to, shared by, or having an undivided interest in trie use of real property by all members, individuals or residents of a particular real property development (d) Open Space, Private shall mean belonging to, or restricted to the use and en3oyment cf the occupant of a par- ticular unit ( e) Overspeed Control A mechanism ,used to limit the speed of blade rotation to within the design limits of the kind energy conversion system 9700 17 Words beginning with the letter "S" shall have the following definitions (a) Service Station shall mean any retail business which 3 pffers for sale petroleum products, automobile accessories and replacement parts and includes among its services automobile washing by nand, waxing ana polishing (b) Site shall mean the legally created parcel of lance bounaed by property amines after aedication (c) Site Coverage shall mean the builaing area of all structures on a site as measured from all exterior buildong surfaces, incluaing any patio covers, ana an, balconies and stairways with or without support posts krcritectural fea- tures such as bay winaows , eaves and fireplaces that do not pro3ect more than thirty (30) inches, ana necks that do not exceed more than forty-two (42 ) inches in height are excluded (d) Repealea, Ordinance No 2588, 3 January 1963 (e) Stail shall nean a compartment for one equine in a stable ( f) Stallion shall mean a male horse attaining the age of two t2) calenaar years (g) Stock cooperative shall mean a corporatior which is formes or avallew of promar,oy for the purpose of hooaing tin-e to, either in Lee simple or for a term: cf Years, approved reai property, if a_1 or substantially all cf t e shareholaers cf surd corporation rece,vea a rignt of exclusive occupancy in a port.on of the real properti t-t-e to wh.cr _s rela by the corporation, whir". right of occupanc2 _s transferable only concurrertly with the transfer of the sure or snares of stock in the corporation ne.,.c ny the person ra ing such rigrt cf occupancy (h) Structure Pnytning constructea or erecter, the use of wricn requ.res more or less permanent location on the grouna, or attacnea to the ground or attachea to something raving a fixea location on the grouna 9700 21 woras neginning with the letter "h" shall have the following defvnit,ons (a) katerfro-t Lot Ary iot or port-on thereof abutting a naviganle waterway such as a bay, cove or channel (b) hina Energy Conversion System A machine (corronly Known as a wina turb,ne or w�ndnill ) that converts the x-netic energy of the wind into a usable form of electrical energy (c) Wet Ear A fixea installation within a dwelling unit proviaing cold and/or hot water to a single sink without a garbage aisposai at a location other than a kitchen or laun- 4 cry A wet bar area shall not include a stove, range, or simi- lar appliance usually founa in a kitchen, and if such wet bar is located in a room or a portion of a room with a stove, hot plate, range, oven, or other type kitchen facility, it shall we aeemed a separate kitchen SECTION 3 The Huntington Beach Ordinance Code is hereby amennes by aaaing thereto new Article 913, sections 9700 11, and 9791 12 7 to read as follows 9130 GENERAL PROVISIONS The specific standards con- tainea in this article are to guide the aevelopment of the Olatown District (OT) , described as the Olatown Specific Plan, ana Townlot District AL) , described as the Townlot Specific Plan - Area i, two areas of the city which are characterized by such physical limitatoo^s such as small lot sizes, narrow frontages, and automobile access from rear alleys 9130 1 PERMITTED USES (a) Building Permit Single-unit dwellings, multiple- arit swellings, ana their customary accessory uses and struc- tures, permanently located on a parcel shall be permitted sup- Dect to approval cf a ouilding permit Te-ts, trailers, ve- i_cles, or temuorary structures shall not :e used for dwelling purposes (b) Conaitional .Jse Permit The following uses may be permittea sazlect to approval of a conaitional use permit by the Pianrina Commission ( 1) Planned resiaentlal aevelopments pursuant to Prt,cle 931 or 93C ( 2) inclassified uses pursuant to Article 933 9130 2 NINIMUM PARCEL SIZE/FRONTAGE A licensed land surveyor or civil engineer shall submit calculations showing ,ot wrath, aepth, ana area for any new parcel in conformance with the following (a) The minimum lot size shall be twenty-five hundrea ( 2500) square feet The ririmum lot frontage snall we thirty ( 30) feet (b) Any parcel of land created prior to Jane 5, 1974, the effective aate of Orainance No 1912, shall have a minimum lot frontage of twenty-five ( 25 ) feet 9130 3 MAXIMUM DENSITI/INTENSITI (a ) The lot size shall aetermi ne the number of units permitted within each district C J A classification as shown in the table below Lot Frontage Maximum dumber (Less than fifty feet ) of Units Olato%n District 1 1 Oldtown District 2 1 Townlot Section A 1 Towni-ot Section B 1 Lot Frontage Maximum Number (Fifty feet or greater ) of Units Oldtown District 1 1/3000 square feet Oldtown District 2 1/2000 square feet Townlot Section A 1/2800 square feet Townlot Section B 1/1900 square feet Note square feet of lot refers to net lot area tb) Maximum dwelling floor area per lot shall ne sub3ect to a floor area ratio restriction of 1 0 square feet of Duilding area (excluding garage ) for each one ( i ) square foot of net lot area 9130 4 N.AXIMUM BUILDINC I-EIGi'T Maximum ouiiding height shall be (a) Main swellings 30 feet (Except ws.thin 25 feet of the front am rear property line the maximum bullring height shall be 22 feet ) Detached accessory Duilrings 15 feet 9130 5 NiAYIMUM SITE COVERAGE Maximum site coverage shall be 50 percent See Artic-e 970, "Defirit�ors, " for s-te cover- age ) 9130 6 SETBACK (FRONT YARD) The minimum front yard setback from the front property lines for all structures eaceering forty-two (42) inches in height shall be as follows (a) Parcels witr.n the Oldtown Specific Plan Area require fifteen ( 15 ) feet (b) Parcels within the Townlot Specific Plan Area require twel,ve (12) feet 6 4 Note the front setback may be reduced to seven ( 7) feet provided that the reduction shall be limited to 50 percent of the overall building width and that the average setback for the structure be maintained at the required minimum (c) Parcels with front entry garages or carports require twenty-two ( 22 ) feet (d) Parcels with side entry garages or carports require ten ( 10 ) feet (e) Multistory dwellings exceeding twenty-two (22 ) feet in height require twenty-five ( 25 ) feet In adaition, any third story shall proviae a minimum offset of ten ( 10 ) feet from the secona floor facaae 9130 7 SETBACK (SIDE YARD) Siae yarn setbacks shall be as follows Dwellings, garages Aggregate for both side yards ana accessory nuildings shall be 20 percent of lot w_atr minimum 3 feet for interior siae yarns mirimim 5 =eet for exte- rior siae eras Ea,7es Thirty ( 30 ) �nc'ies except eave return may maintain setback of iS incnes for a aistance of 12 feet measured rrom the oeg�nning of the eave return at tqe front of the house Thirty ( 30) Lnc"ies must oe maintained when eave is over requirea winaows Firepiaces Thirty (30) inches Open, unroofea stair- Three ( 3 ) feet ways and balconies Exception for Zero Lot Line Interior Siae l aras A zero interior side yard setback may be permitted proviaea tnat the opposite siae yard meets the 20 percent aggregate reau..rement and sub;ect to the following criteria (a) The lot adiacent to the zero setback side jara shall either be 'field unaer the same ownership at the time of applica- tion or a deed restriction or agreement shall be recorded giving written consent of the ad3acent property owner 7 ('1 ) Separation between the structure and any structure on an ad3acent lot shall eitner 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 adDacent 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 builaing permits shall oe issued until such recorded maintenance easement has been submitted 9130 6 SETBACK (REAR YARD) The minimum rear yara setback from the rear property line shall be as follows (a) Main awellings and accessory buildings require seven and one-half ( 7 5 ) feet Note Architectural features such as window details, eaves, fireplaces, decks or balconies ray proDect to within five ( 5 ) feet of the property line (n) Parcels with rear entry garages or carports require seven and one-half ( 7 5 ) feet (c) Parcels with rear ertry garages or carports ana a ariveway pad area for parking require twenty-four ( 24) feet 9130 9 OPEN SPACE A minimum open space area of six nundrea (600) square feet per awelling unit shall be providea benina the front yard setback of each lot, aliocatea as follows (a) A minimum of two hundred twenty-fire ( 225 ) square feet shall be located on the ground in one area with minimum aimen- sions of fifteen ( 15) feet NOTE to prov.Lae for better design flexibility, the minimum open space dimensions may be reduced to ten (10) feet, provided open space area mini- mums are retained, with the approval of the director subDect to the following criteria (1) The open space shall be usable for active and passive use ( 2 ) The awelling shall comply with all other provisions and stanaards of this coae ( 3 ) The reduction shall result in improved aesign and utility of the dwelling unit 8 (b) The remaining open space requirement may be provided in balconies or aecks, above the ground floor with a minimum dimension of six (6) feet ( c) Areas used for access to the main entry and/or the main walkway leaaing to said entry shall not be counted as part of the required open space 9130 10 FENCES, WALLS AND HEDGES Fences, walls and heages may be located as follows (a) Corner site fences or walls which ao not exceed six (6) feet in neignt may be erected in the exterior siae yard of a corner site provided they are not closer than twenty-five (25 ) feet to the front property line (b) Reverse Corner Lot fences, walls or hedges not ex- ceeding six (6 ) feet in neight may be erected in the exterior side yard of a reverse corner lot if a ten ( 10 ) foot triangular corner cutoff, measured along the rear and exterior siae lot lines, is provided at the rear exterior corner (c) Corner Site Abutting an Alley within a triangular area, formea by measuring ten 10 feet along ar alley and ex- terior siae site lines, there shall be no structure, fence, wall, hedge, or landscaping erected or maintained over forty-two ( 42 ) inches high 9130 11 PARF.INC Parking shall comply with the standards outlinea in Article 979 9130 12 LANDSCAPING Lanascaping shall be provzdea for all aevelopments as follows (a) Frort and side yard setback areas wh.cr are vis.Lble from any street shall be landscaped (b) One twenty-four (24) inch box tree per twenty-five ( 25 ) feet of site frontage shall be plantea within the front setback area In the alternative, three fifteen (15 ) gallon trees may be substitutea for one larger tree (c) Twenty ( 20) irch box trees shall be planted in the parkway area The requirements as to number, placement ana species shall be sub3ect to adopted stanaard plans (a) All landscaping shall nave a permanent irrigation sys- tem and shall be perpetually maintained Landscaping plans shall be submitted for approval prior to the issuance of any building permit 9 9130 13 YISCLLLANEOUS REQUIREMENTS ( a) Trash Enclosures Trash enclosures shall be provided for all aevelopments other than single-unit swellings Such enclosures shall be located in a side or rear yard, shall ade- quately screen refuse, and shall be constructed of compatible materials to blend with the architecture of the main building (b) Accessory Buildings Accessory buildings may be lo- cated 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 dwell-ng unit (c) Building Separation The minimum aistance between accessory buildings ana an} other building 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 or the same or an ad3acent lot Balconies which face each other shall be aesigned to affora residents a maximum amount of privacy (d) Garages with Lpper Story Living Areas Living areas over attached garages may be permitted if there is an open cor- ridor with a minimum widtn of seven (7 ) feet between the garage ana a portion of the main dwelling to create an integrated ae- sign ana flow between the two living areas (e) S-ngle-Lnit Dwelling Design Stanaaras ( 1) No swelling shall have more than one kitchen or cookina area ( 2 ) One central heating system shall serv.ce 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 property p roviae to the Development Services Director prior to final inspection a notarized aeclaration stating that the building was constructed pursuant to approvea plans and shall be limited for use as a single unit building Furthermore, any subsequent purchaser from owner/builder shall also be proviaed with a copy of said declarat.Lon 9'100 11 hroras beginring with the letter "K" shall have the following aefinition Kitchen shall mean any room or portion thereof containing facilities aesigned or used for the preparation of food in- cluding a sink and stove, oven, range and/or hot plate Kitchen shall not include a wet bar 10 9-91 12 7 RESIDENTIAL Use Minimum Requirement (a) Single-unit dwellings Two ( 2 ) fully-enclosed spaces (b) All other dwelling One (1) space for bachelor/one units except as listed bedroom units below One and a half ( 1 5 ) spaces for two bedroom units Two ( 2) spaces for three or more bedrooms One-half ( 5 ) guest space per unit One space per unit must be enclosed (c) Single-unit dwellings Two (2 ) spaces for dwelling in the Oldtown and units with up to three bed- Townlot districts rooms, and one space for each additional bedroom Two (2) spaces per unit must be enclosed in a garage, and remainder may be open, uner- closed, and designed in tan- dem with the garage space (d) Low-density planned Three (3 ) spaces for residential developments bachelor /ore bedroom units pursuant to Article 931 Three and a quarter (1 25) spaces for two ( 2) or more oearooms Two ( 2 ) spaces per -nit mast be enclosed in a garage (e) Medium-high density One and a half ( 1 5 ) spaces planned residential devel- for bachelor/one bedroom ments pursuant to Two (2) spaces for two ( 2 ) or Article 936 more bedrooms One half ( 5 ) guest space per unit One (1 ) space per -.,nit must be covered ( f ) Senior residential Six-tenths (0 6) space per nevelopments pursuant to unit ( rental ) Article 932 5 One and 15 hundretrs ( 1 15 ) space per unit (ownership) (g) Design Residential parking shall comply with the following requirements as well as any additional provisions contained in the regulations of the individual district 11 s (1 ) Turning radius The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or drive shall be twenty-five ( 25) feet as measured to the opposite side of the alley or drive (2 ) Driveway %idth All private driveway or driveway easements shall meet the following standards LENGTH REQUIREMENT Less than 100 feet Ten (10 ) feet clear width One hundred (100) feet to Twenty ( 20) feet clear width 150 feet One hundred fifty feet Cul-ae-sac or hammerheaa (150 ) feet or more turnaround locatea at terminus, forty (40) foot minimum width ( 3 ) Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street When a lot abuts an alley, access shall be from the alley unless a different access is approved by the Planning Corrission When a lot abuts two arterial high- ways, access shall be sub3ect to the approval of the Director of Public Works SECTION 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason yield to be invalid or unconstitutional by the decision of any court of competent Durisaiction, such decision shall not affect the validity of the remaining portions of this ordinance The City Council of the City of Huntington Beach hereby declares tnat it woula have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portions thereof, and amendments thereto, irrespective of the fact that any one or more sec- tions, subsections, sentences, clauses, phrases or portions, or amendments be declared invalid or unconstitutional SECTION 4 The provisions of this orainance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subDect matter shall be construed as restatements and continuations and not as new enactments SECTION 5 This ordinance shall take effect thirty days 12 � 6 after its passage PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on t'-ie 19th day of August 1985 • Mayor ATTEST APPROVED AS TO FORM GAIL HUTTON, City Attorney 1 By City Clerk Deputy City A torney REVIEWED AND APPROVED INITIATED AND APPROVED f 1 City Administr or erecto4r of Development Services RCS ahb 3337/0605L 3/11/85 4/11/85 4/17/65 4/16/85, 5/10/85 6/10/85 , 6/19/85 7/16 185 13 0_s INo 2780 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, ALICIA M WENTWORTH, the duly elected, qualified City C�erk of the C_ty of Huntington Beach and ex-of. icio Clerk of the CitN Council of the said Clt} , co hereby certify that the whole number of members of the City Counc.Ll of the City of Huntington Beach is seven, that the foregoing ordinance was read to said City Council at a regular Adjourned meeting thereof held on the 6th day of August 19 85 , and was again read to said City Council at a regular meeting thereof held on the 19th day of August 19 85 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council AYES Coanci_men Kelly, flacAilister, Ba-ley "inel,, , Green Thomas NOES Counc-lmer None ABSENT Councilmen None NOT VOTING Councilmen Mandic em/ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California