Loading...
HomeMy WebLinkAboutPublic Hearing - Zoning Text Amendment 97-1 - Residential Di a3 P� Council/Agency Meeting Held: J ��Q•�Zo Deferred/Continued to: I A roved• ❑ Conditionally A roved ❑ Denied EOU SVferk's Signature Council Meeting Date: January 19, 1999 Department ID Number: CD 98-37 x CITY OF HUNTINGTON BEACH REQUEST FOR ACTION �-- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ;�� SUBMITTED BY: RAY SILVER, City Administrator AW " PREPARED BY: HOWARD ZELEFSKY, Planning Director ZLL' SUBJECT: APPROVAL OF ZONING TEXT AMENDMENT NO. 97-1 RESIDENTIAL DISTRICT STANDARDS wo . IFStatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 97-1, a request by the Planning Department to amend the Huntington Beach Zoning and Subdivision Ordinance (ZSO) addressing residential district standards. The amendment modifies the permit requirements and development standards for single family residences in the RMH-A subdistrict; allow clubs, lodges, horticulture, and nursery uses in residential districts; revises the format of Chapter 210 Residential Districts in order to assist in the interpretation of specific criteria in the ZSO; and authorizes the Zoning Administrator to act on minor variances to building height, parking, and landscaping. The Planning Commission reviewed the draft ordinance and is recommending adoption of Ordinance No. (Recommended Action - A). Staff is recommending approval with several modifications (Recommended Action - B) in order to further streamline the permit approval process. Funding Source: Not applicable. Recommended Action: o IIDf"�io o t-OFOlffiRai a.We. v, 2 " REQUEST FOR ACTION MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: CD 98-37 -94-LA u - tf998:- XEMNS T1;?`APPROVE-ZONING-TEXT A DINGS FOR-A OVAt-jATTACHMENT NO. 1), AND- TO FORWABD-THE D D F-T-ORDINANCE TO THE CITY COUNCIL-TOR ADOPTION CARRIED BY THE FOL . AYES: CHAPMAN LIVENGOOD, BIDDLE, KERINS, SPEAKER NOES: -- tNGLEE, TILLOTSON ABSENT: NONE ABSTAIN.-— -- NONE MOTION PASSED AS Ar06AD1W APPro✓e, 2oniN(_ Taer AmEnbrreNr nro 97-/ WIM In6D/F1evr1o1v,5 B. STAFF RECOMMENDATION:tsce Arr"aMEnj W. 7$ p ,% kt� mrryEna�0 8yy,S7�F Air�V RP F gj* FDA ,9"P"V,1L. (,I-. 7- ✓o �AMO ,W-i-Al rRE4D7n/6 BY T/ /�Nm ? hoo/ii�.9rio.✓ T i /N zteM. i an/ ,Io _iVxoi)ucr;o of Ojeoinrrnet n/o. .5*o2 ro o - Er44 /N �c In� ` E X1 -ur�� /Ybeas ':ZDNING Motion to: smR aA� V .XknD r✓oR,as "/2Lr»»/NG C01n�7/SS16}7" ei . ,5j),657-j7-U7-e4 /N The 07nFF " PdhP1 non/ Ta p IwAlNee Nd Lo6CS �Pe � /�✓ COLt/J e . } �D 21 /bSTl0�/O = 4/D-3 CW65 340 OF Z;q 1. - finance Alternative Action(s): The City Council may make the following alternative motion: 1. "Continue Zoning Text Amendment No. 97-1 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: City-wide Zoning Text Amendment No. 97-1, as recommended by staff, is a request to amend the following sections of the Huntington Beach Zoning and Subdivision Ordinance (ZSO): 1. Chapter 210 Residential Districts, which includes the following: a. Delete the conditional use permit (CUP) requirement for three (3) story single family residences on lots less than 50 feet wide in the RMH-A (Residential Medium Density - Small lot) subdistrict provided the homes are designed with upper story setbacks; b. Offer landscaping options on single family residential lots in the RMH-A subdistrict by either providing 40% of the front setback area as landscaping, or a three (3) foot CD98-37 -2- 01/12/99 4:02 PM REQUEST FOR ACTION MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: CD 98-37 wide landscape planter along the front property line. In both cases, the code- required tree shall be installed; c. Allow Clubs, Lodges, Horticulture and Nursery uses in residential zones with the approval of a conditional use permit; d. Allow patio covers open on at least two sides an additional 5% site coverage, and exempt open lattice patio covers from site coverage standards; e. In addition, various sections of the Chapter have been revised to clarify specific land use requirements. Diagrams have been added and modified for clarification purposes. 2. Section 230.88 Fencing and Yards, to restrict retaining wall and screen wall heights along the front property line in the RMH-A subdistrict. Retaining walls will be restricted to maximum 18 inches along the front property line, while screen walls will require to be setback a minimum of three (3) feet. A second 18 inch high retaining wall may be erected with a minimum three (3) foot front setback. 3. Section 232.08 Design Standards (Landscaping), to allow the City's Landscape Architect the authority to determine the planting area necessary for code-required trees. 4. Section 241.04 Authority of the Planning Commission and Zoning Administrator, authorizing the Zoning Administrator to act on minor height, parking and landscaping variances which do not deviate more than 10% from the code requirement. B. PLANNING COMMISSION MEETING AND RECOMMENDATION: On July 14, 1998, the Planning Commission held a public hearing to discuss the proposed amendments to the Zoning and Subdivision Ordinance. One person testified in support of the proposed changes, specifically requesting deletion of the CUP requirement for three story homes in the RMH-A subdistrict (prior Oldtown/Townlot area). Following some discussion, the Planning Commission voted to maintain the CUP review process for three story single family homes in the RMH-A subdistrict. The Commission's action included several changes to the Draft Ordinance forwarded by staff. A comparison between the staff recommendation and Planning Commission action is provided in table format in the following section. CD98-37 -3- 01/11/99 10:33 AM REQUEST FOR ACTION MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: CD 98-37 C. STAFF ANALYSIS AND RECOMMENDATION: As part of the City's commitment to provide development services and a physical environment which responds to the community's residents and businesses in a fiscally responsive manner, the Planning staff annually evaluates various sections of the Huntington Beach Zoning and Subdivision Ordinance (ZSO). In this particular zoning text amendment, staff proposes several changes to Chapter 210, Residential Districts, Sections 230.88, Section 232.08, and Section 241.04. They stem from comments received from developers, architects, and homeowners as well as staffs input based upon daily use of the ZSO. The proposed amendments are a result of over two (2) years of discussion between the development community and staff. Of the various changes to the ZSO, there are four (4) issues that the Planning Commission and staff have different recommendations. They involve: 1. Entitlement processing for single family residential development third stories in the RMH-A subdistrict 2. Clubs and Lodges in RL (Low Density Residential) and RM (Medium Density Residential) districts 3. Site coverage exception for solid patio covers 4. Zoning Administrator Authority Current ZSO:Requirement Planning Commission Issue Staff Recommendation Recommendation 1. Third story CUP from Zoning Maintain current code Process requests for third story floor area in Administrator required for requirement. floor area (open or enclosed) in RMH-A third story floor area, RMH-A through plan check only Subdistrict including open rooftop provided plans comply with decks in all residential specific development standards districts. (i.e. upper story setbacks) 2. Clubs/Lodges Clubs and lodges Maintain current code Allow clubs/lodges in RL and in RL and RM prohibited in RL and RM requirement. RM Districts with Conditional Districts Districts. Use Permit approval by the Zoning Administrator 3. Site Coverage Solid patio covers are Allow solid covers open Allow solid covers open on at exception for included toward the overall on at least three (3) sides least two (2) sides an additional Solid Patio site coverage of the an additional 5% site 5% site coverage Covers residential structure. coverage. 4. Zoning The Zoning Administrator Add authority for Zoning Add authority for Zoning Administrator is authorized to act on Administrator to act on Administrator to act on Authority variances not exceeding variances not exceeding variances not exceeding 10% 10%of the code 10%from the code from the code requirement for requirement for site requirement for landscaping, parking, and coverage, setbacks and landscaping. building height. building separation. i CD98-37 -4- 01/11/99 10:33 AM REQUEST FOR ACTION MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: CD 98-37 Issue #1 — Third Story floor area in RMH-A Subdistrict Since the adoption of the ZSO in October of 1994, conditional use permits have been required for three (3) story single family homes in the RMH-A district (formerly Oldtown and Townlot Districts). This requirement created uniform development standards for all residential districts. Prior to the 1994 ZSO changes, conditional use permits were not required in this district. There have been 46 conditional use permits requested in the RMH-A district for new three story homes, third story additions or decks since 1994. One application is pending Zoning Administrator review. Another was denied by the Zoning Administrator, Planning Commission and City Council, and is now pending a second review by the Zoning Administrator. The remaining applications have either been approved or withdrawn. The findings for the denied application included issues relative to upper story setbacks, floor area ratio, and compatibility. After reviewing the requests and actions on conditional use permits in the RMH-A district in the last four (4) years, staff believes that the conditional use permit process is not necessary. The RMH-A district is the only area with 25 foot wide single family lots aside from the Holly Seacliff Specific Plan and Downtown Specific Plan where separate development standards exist. Furthermore, the development community has maintained that the processing time for conditional use permits to the Zoning Administrator often impact their ability to secure property or contracts with homeowners. Issues, such as compliance with the Infill Ordinance, and other RMH-A development standards can be addressed during the design stage and reviewed administratively during the plan check process. In effect, the overall timing on the review process could be reduced by approximately 2-4 months.As a result, staff recommends deleting the CUP requirement, and establishing specific development standards for third story homes in the RMH-A district, including upper-story setbacks for the third floor or deck. Issue #2 — Clubs/Lodges in RL and RM Districts Staff recommends that Clubs, Lodges, Horticulture, and Nursery uses be permitted in all residential zones subject to the approval of a conditional use permit. Currently, clubs and lodges are strictly prohibited in RL (Low Density residential) and RM (Medium Density residential) zones, while horticulture and nursery uses are prohibited in all residential zones. The draft ordinance recommended by staff would allow these uses in any residential zone with the approval of a conditional use permit which includes a full public hearing and notification of the surrounding property owners and tenants. This would allow review of the use for compatibility with adjoining land uses. Furthermore, there are clubs (i.e. Boys and Girls Club) and nurseries that are already established in residential zones and this amendment would permit them to remain. The Planning Commission recommends allowing CD98-37 -5- 01/11/99 10:33 AM REQUEST FOR ACTION MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: CD 98-37 horticulture/nursery uses with a CUP, but omitting clubs and lodges from the proposed amendment, citing that those uses are not appropriate in certain residential zones. Issue #3 — Site Coverage exception for Solid Patio Covers Typically, in residential zones, site coverage (building footprint) is limited to 50% of the lot area. This pertains not only to building floor area but also unenclosed patio covers. Staff believes that site coverage should primarily regulate building floor area and not patio covers because they have different massing characteristics and appearance qualities. Therefore, staff recommends that patio covers adjunct with single family residences should be permitted to exceed the maximum 50% requirement by up to five percent (5%) provided the patio cover remain open on at least two sides. The Planning Commission agrees with the concept but recommends that the criteria require patio covers be open on at least three sides (see exhibit on Attachment No. 4). Issue #4 — Zoning Administrator Authority Presently, variance requests are processed to the Zoning Administrator or Planning Commission depending upon the extent of the request to deviate from the Zoning Code. Most variances are subject to Planning Commission review except minor variances. Minor variances are those not exceeding 10% of the code requirement and are reviewed by the Zoning Administrator when requested for building site coverage, building setbacks, and building separation. Staff recommends that the type of variance requests subject to Zoning Administrator review be expanded to include up to 10% exceptions to building height, parking and landscaping areas. All exceptions exceeding 10% would still be subject to Planning Commission review. With this process, the overall processing time would be reduced, while providing better customer service. The Planning Commission supports staffs position, however, only for minor (up to 10% deviation) landscaping variances, not for building height and landscaping. The Commission recommends that all height and parking variances be forwarded to the Planning Commission since they are critical issues that warrant review by them. Staff notes that all variances require a public hearing and public input before the Zoning Administrator as with the Planning Commission review process, and that all Zoning Administrator decisions can be appealed to the Planning Commission should someone feel that the variance needs further review. CD98-37 -6- 01H1199 10:33 AM 0 REQUEST FOR ACTION MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: CD 98-37 Other Modifications Other minor modifications to development standards, including maximum retaining wall heights along the front property line and landscaping options for lots in the RMH-A district are also recommended and supported by the Planning Commission. These provisions were proposed in an effort to assure an aesthetic street scene while allowing sufficient area for a paved patio in the front yard. Further discussion is provided in Attachment No. 6. D. GENERAL PLAN CONFORMANCE: The proposed zoning text amendment is consistent with the City's General Plan, and the following goals and objectives of the Land Use and Economic Development Elements: LU 7.1.1 Accommodate existing land uses and new development in accordance with the Land Use and Density Schedules. LU 7.1.2 Require that development be designed to account for the unique characteristics of project sites and objectives for community character and in accordance with the Development "Overlay" Schedule as appropriate. LU 9.2.1 Require that all new residential development within existing residential neighborhoods (i.e. infill) be compatible with existing structures. ED 2.3.1 Strive to reduce all discretionary permit and licensing processing time. E. SUMMARY Staff recommends the City Council approve Zoning Text Amendment No. 97-1 as recommended by staff and adopt Ordinance No. for the following reasons: The proposed zoning text amendment provides specific standards and procedures for single family residential developments consistent with existing development in the RMH- A subdistrict. The amendment will reduce discretionary permit processing times for three story single family residential proposals in the RMH-A subdistrict. The new zoning provisions will not adversely impact the City's review and public hearing process. The proposed modifications are consistent with the goals and policies specified in the Land Use and Economic Development Elements of the General Plan. Environmental Status: The proposed zoning text amendment is categorically exempt pursuant to City Council I Resolution No. 4501, Class 20 which supplements the California Environmental Quality Act. CD98-37 -7- 01/11/99 10:33 AM • REQUEST FOR ACTION • MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: CD 98-37 Attachment(s): City Clerk's . • - NumberDescription 1. Findings for Approval 2. Draft Ordinance (Planning Commission Recommended) 3. Legislative Draft (Planning Commission Recommended) 4. Exhibits 5. Planning Commission Minutes dated July 14, 1998 6. Planning Commission Staff Report dated July 14, 1998 7. Excerpts of Draft Ordinance (Staff Recommended) 8. Excerpts of Legislative Draft (Staff Recommended) 9. 1 Findings for Approval (Staff Recommended) CD98-37 -8- 01/13/99 2:51 PM ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 97-1 FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 97-1: 1. Zoning Text Amendment No. 97-1 is consistent with the goals and policies contained in the City's General Plan. The amendment is consistent with the objectives,policies, general land uses and programs specified in the Land Use and Economic Development Elements of the General Plan, including the requirement that development be designed to account for the unique characteristics of project sites and objectives for community character. The proposed code amendment will provide specific development standards for residential developments including specific provisions for single family residences on smaller lots in the RMH-A subdistrict. 2. In the case of a general land use provision, the change proposed is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The proposed amendment addresses all residential districts, including specific development standards and permit requirements for single family residential projects in the RMH-A subdistrict. Furthermore, the amendment will allow for horticulture and nursery uses in all residential districts with conditional use permit approval. 3. A community need is demonstrated for the change proposed. The City Council and Planning Commission have recognized the demand to reduce discretionary permit and licensing processing times, without jeopardizing the City's review and public hearing process. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The amendment will improve the permit process for specific development while protecting the general welfare of persons working and residing in the City. ATTACHMENT 2 ORDINTANCE NO. 3410 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 210, SECTION 230.88, SECTION 232.08, AND SECTION 241.04 THEREOF (ZONING TEXT AMENDMENT NO. 97-01) WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 97-01, which amends Chapter 210, Section 230,88, Section 232.08, and Section 241.04 thereof; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as shown on the document attached hereto as Exhibit "A," which document is incorporated by this reference as thought fully set forth herein. SECTION 2. That Section 230.88 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as shown on the document attached hereto as Exhibit "B," which document is incorporated by this reference as thought fully set forth herein. SECTION 3. That Section 232.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as shown on the document attached hereto as Exhibit "C," which document is incorporated by this reference as thought fully set forth herein. 1 g*980rd i nance:zt97-01 RLS 98-225 SECTION 4. That Section 241.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby-amended to read as shown on the document attached hereto as Exhibit "D," which document is incorporated by this reference as thought fully set forth herein. SECTION 5. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of February , 1998. Mayor ATTEST: APPROVED AS TO FORM: L, C� /Yz�;7 City Clerk C'\\ orney REVIEWED AND APPROVED: TIATED AND APPROVED: J4---Jj W,!q - l/l ate_ City Ad inistrator Dke6tor of Plam6ing ATTACHMENTS: Exhibit A: New HBZSO Chapter 210 Exhibit B: New HBZSO Section 230.88 Exhibit C: New HBZSO Section 232.08 Exhibit D: New HBZSO Section 241.04 2 g*980rdinance:zt97-01 RLS 98-225 EXHIBIT A DRAFT ORDINANCE Chapter 210 Residential Districts Sections: 210.02 Residential Districts Established 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls 210.06 RL, RM, RMH, RH, and RMP Districts: Property Development Standards 210.08 Development Standards for Senior Projects 210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 RMP District Supplemental Development Standards 210.16 Review of Plans 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five (5) residential zoning districts are established by this chapter as follows:(3334) A. The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven (7)units per acre. B. The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes,town houses, apartments,multi-dwelling structures, or cluster housing with landscaped open space for residents' use. Single-family homes, such as patio homes, may also be suitable. Maximum density is fifteen(15) units per acre. C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five (25)units per acre. D. The RH High Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational-requirements. Maximum density is thirty-five (35)units per acre. E. The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-1 1/20/99 DRAFT ORDINANCE 210.04 RL,RM, RMH,RH,and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter210 210-2 1/20/99 0 DRAFT ORDINANCE • RL, RM, RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited(see Additional Provisions) (3334) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use - = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D) 2 - 4 units ZA P P - 5 - 9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P) Public and Semipublic (A)(0) Clubs & Lodges PC PC ZA ZA Day Care, Large-family ZA ZA ZA ZA Day Care, General L-1 ZA ZA ZA Park& Recreation Facilities L-2 L-2 L-2 L-2 Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC Residential Care, General - L-1 PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 1/20/99 • DRAFT ORDINANCE • RL,RM,RMH,RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. See Section 230.06: Religious Assembly Yard Requirements. L-4 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in the RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 2 10.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, a conditional use permit by the Zoning Administrator is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-4 1/20/99 • DRAFT ORDINANCE • RL, RM, RMH, RH, and RMP Districts: Additional Provisions M See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. (P) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee 210.06 RL, RM,RMH, RH, and RMP Districts: Property Development Standards The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-5 1/20/99 • DRAFT ORDINANCE , Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width(ft.) 60 60 25 60 60 N/A Cul de sac frontage 45 45 - 45 45 N/A Minimum Setbacks (D)(R) Front(ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) Rear(ft.) 10 10 7.5 10 10 - (I)(J) Accessory Structure (U) Garage (K) Projections into Setbacks (L)(R) Maximum Height(ft.) Dwellings 35 35 35 35 35 20 (M) Accessory Structures 15 15 15 15 15 15 (M)(R) Maximum Floor Area - - 1.0 - - - Ratio (FAR) Minimum Lot Area per 6,000 2,904 * 1,742 1,244 - Dwelling Unit (sq. ft.) Maximum Lot 50 50 50 50 50 75 (V) Coverage (%) Minimum Floor Area (N) Minimum Usable Open Space (0) Courts (P) Accessibility within Dwellings (Q) Waterfront Lots (R) Landscaping See Chapter 232 (S) Fences and Walls See Section 230.88 Lighting (T) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 * Lots 50 feet or less in width= 1 unit per 25 feet of frontage; Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A=Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-6 1/20/99 DRAFT ORDINANCE • RL, RM,RMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one (1) gross acre. (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (E) Variable Front Setback for Multi-family Projects. Projects with more than 4 units in the RM District, more than 8 units in the RMH District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be setback 20 feet from the front property line. See Section 210.12 B. (F) Upper-story Setbacks for Multi-family Structures. The covered portion of all stories above the second story in any multi-family structure shall be setback an average of 10 feet from the second floor front facade (see Exhibit). average ~ 10' setback i 0 D 00 DD QD D DD � � D � 0 � OD 210-UPSS.PCX UPPER STORY SETBACK Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-7 1/20/99 i DRAFT ORDINANCE • RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (G) Interior Side Setback (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be minimum 10%of lot width, but not less than 3 feet and need not exceed 5 feet, except as stated below. (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) 10 feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator or the Planning Commission,may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are setback the required distance. (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20 percent of the lot width, minimum 6 feet and need not exceed 10 feet. (2) In the RMH-A subdistrict, street side setback shall be minimum 5 feet. (3) For projects with 10 or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. (I) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than 5 feet, and need not exceed 10 feet, and shall be subject to the requirements listed in subsection (3) below. (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in subsection(3) below. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-8 1/20/99 DRAFT ORDINANCE 0 RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (3) A zero side or rear setback may be permitted subject to the following requirements: (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner. (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of 5 feet. (d) No portion of the dwelling or any architectural features shall project over the property line. (e) The zero setback shall not be adjacent to a public or private right-of-way. (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. (K) Garage Setbacks. Setbacks for the main dwelling shall apply, except as specifically stated below: (1) Front entry garage - 20 feet (2) Side entry garage - 10 feet (3) Garage with alley access - 5 feet For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet. A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-9 1/20/99 i DRAFT ORDINANCE • RL,RM, RMH, RH, and RMP Districts: Additional Development Standards i ATTACHED FRONT i ENTRY GARAGE Property line ! i Minimum 20' from i garage to property line Street Sidewalk i i ATTACHED SIDE ENTRY GARAGE i Property Line i i Minimum 10' from ! i garage to property line Min 25' Street Sidewalk Radius Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley �.._.._.._.._.._. _.._.._.._.._.i = Minimum 5' from ! i garage to property line i i Property line i ! ! GARAGE WITH ENTRY FROM REAR ALLEY Sidewalk I i I I Street Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-10 1/20/99 9 DRAFT ORDINANCE RL,RM, RMH,RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68,provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. (M) Height Requirements. See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (c) Maximum building height for Main Dwellings shall be thirty-five (35) feet; however, Main Dwellings exceeding thirty (30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (Note:Not certified by the California Coastal Commission;however, these provisions are in effect and will be enforced by the City of Huntington Beach.)(3268-12/94)(3334) (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are setback five (5) feet from the building exterior and do not exceed the height limits as stated above. (2) Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-11 1/20/99 • DRAFT ORDINANCE • RL, RM,RMH,RH, and RMP Districts: Additional Development Standards Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the building exterior roof volume �! • accessed from within the main dwelling • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-12 1/20/99 DRAFT ORDINANCE • Front Property i Line I \ I I y 35' i i 25' maximum i maximum height in the height at top 25' front and rear 25' 25' of roof of the lot Street i Rear 25' 25' Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (d) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3) Accessory Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection(R) (4) Recreation Buildings: The maximum height of a recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit. (N) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-13 1/20/99 0 DRAFT ORDINANCE 0 RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (0) Open Space Requirements. (1) The minimum open space area(private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit(excluding garages). (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (d) A maximum of 50% of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator or Planning Commission, provided that no portion of such deck exceeds the height limit. (3) Common Open Space. (a) Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool,tennis court, volleyball court, outdoor cooking facility, or other recreation facility. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-14 1/20/99 DRAFT ORDINANCE 0 RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (4) The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (P) Courts Opposite Windows in RM, RMH, and RH Districts (excluding the RMH-A sub- district). Courts shall be provided in all multi-family projects in the RM, RMH, and RH Districts subject to the following requirements: (1) Courts Opposite Walls on the Same Site: The minimum depth of a court shall be one-half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room. (see diagrams below) (2) Courts Opposite Interior Property: The minimum distance between a required window of a habitable room and a property line shall be 10 feet. (3) Court Dimensions: Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum 2 feet into a court. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-15 1/20/99 • DRAFT ORDINANCE 0 RL,RM, RMH, RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window � 1/2 Height of 20 ft. I 14 ft. Opposit wall Not less than 10 ft. Living room window I Living room I window 1 It Living room Living room Living room window window window i ]IhV/20 j 20 ftj Section A Section B Other room fOtheroom window 14 ft. Section C 210-CRT.CDR COURTS OPPOSITE WINDOWS Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-16 1/20/99 • DRAFT ORDINANCE 0 RL, RM,RMH, RH, and RMP Districts: Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (R) Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this Chapter, Chapter 245, Chapter 17.24, and the following requirements: (1) Projecting_Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3) Fencing. All portions of fencing within the required rear setback area shall comply with Chapter 230.88 and the visibility provisions below. (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree (45°) visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (5) Patio Covers. Patio covers (including eaves) may be permitted to project 5 feet into the rear yard setback, however, construction materials shall allow compliance with visibility provisions below. (6) Visibility. The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85%transmission of light and visibility through the structure in each direction when viewed from any angle. (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30-days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-17 1/20/99 DRAFT ORDINANCE • RL, RM,RMH,RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. o �� X 45 45 x _rx x �xx kk �k _r ■ • 5' • min. house 5 min. . 1 ■ ■ Property line 1 91 r--1 dh rnr WATERFRONT LOT PROJECTIONS (S) Landscaping (1) A minimum 40% of the front yard shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max. 5 ft. wide walkway) may be provided in lieu of the 40% requirement. A maximum 18 inch high planter wall may be constructed along the front property line. (2) All required trees specified in Chapter 232 shall be provided. (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-18 1/20/99 DRAFT ORDINANCE • RL, RM, RMH,RH, and RMP Districts: Additional Development Standards (T) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (U) See Section 230.08: Accessory Structures (V) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage. Open lattice patio covers are exempted from site coverage standards. 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Residential Projects that may be permitted by the Planning Commission. A. Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet. B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. C. Minimum Distance between Buildings. Minimum building separation shall be-10 feet. D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. E. Open Space Requirements. 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with minimum dimensions of 6 feet. 2. Common Open Space: A minimum of 2,500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50. 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-19 1/20/99 • DRAFT ORDINANCE i RL,RM,RMH,RH, and RMP Districts: Additional Development Standards 210.10 Modifications for Affordable Housing The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro- forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to,the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s) proposed. 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. A. Maps. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. B. Project Design. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4) feet for every two units shall be provided. 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans,the buildings and use of property for planned unit development. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-20 1/20/99 DRAFT ORDINANCE RL, RM, RMH,RH, and RMP Districts: Additional Development Standards F. Sale of Lots. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the City. G. Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Said entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 210.14 RMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home parks. A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front minimum 5 feet Side 10 feet aggregate, minimum 3 feet on any side Rear minimum 5 feet B. Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space. C. The undercarriage of all manufactured homes shall be screened from view on all sides. D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a 20 foot wide landscaped berm or a 10 foot wide landscaped area and a 6 foot high wall shall be located at the minimum front setback line. E. A boat or trailer storage area shall be provided and screened from view by a 6 foot high fence or wall. F. Maximum site coverage for each individual manufactured home space shall be 75%. G. Projects in the RMP district shall provide a minimum common open space area of 200 square feet per manufactured home space. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-21 1/20/99 • DRAFT ORDINANCE , RL, RM, RMH,RH, and RMP Districts: Additional Development Standards 210.16 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. B. Design Review Board. See Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-22 1/20/99 EXHIBIT B DRAFT ORDINANCE • 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are i hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be setback a minimum of three (3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in height may not be located in the required front yard, except as permitted elsewhere in this Section. 2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear yards, except as excluded in this Section. Fences or walls exceeding six(6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. 3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches in height. This subsection shall not apply to lots abutting arterial highways. 4. In the RL district, garden or wing walls or fences equal in height to the first floor double plate, but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3) foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight(8) foot high solid masonry or block wall may be constructed on the common side or rear property line. 6. In order to allow variations in the street scene in R districts, fences or walls exceeding forty-two (42) inches in height may be permitted at a reduced front setback of six (6) feet subject to plan review approval by the Director in conformance with the following criteria: a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership and only at the time of initial construction of the dwellings. b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten(10) feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-34 8/24/98 • DRAFT ORDINANCE • 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six(6) ft. decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen (18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty- six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (424 inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line. (2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be eighteen(18) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to eighteen(18) inches in height may be erected above the eighteen(18) high retaining wall with a minimum three (3) foot front setback. A wall or fence up to forty two (42) inches in height may by erected on top of the retaining wall with the minimum three foot front setback. (See Exhibit below) j Required 3'4' Tree/Palm I Landscaping Front ! Building* property line __P1 Max.42" i Patio I I wry. Max.18" Max.18" IlY-IYO ifiP ii �iiJYi. II Retaining Walls Sidewalk/Parkway * See Maximum building height in Chapter 210. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-35 8/24/98 • DRAFT ORDINANCE • e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight (8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six (6) feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 8. The height of any fence,wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts, nine (9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. (3334) B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six(6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight(8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six(6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a conditional use permit by the Zoning Administrator shall be required prior to construction of such walls. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-36 8/24/98 • DRAFT ORDINANCE • C. Visibility. 1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten(10) feet from the intersection of the rear and street side property lines. 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven (7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of 42 inches and 7 feet within a triangular area formed by measuring ten(10) feet from intersecting driveways or street/alley and driveway. nRopFRryLii✓F ` 230-CORD DIAGRAM A - - ; ; o• 10. - 10 10' 10' 10 10' 10' 10' 230-setb STREET/ALLEY DIAGRAM B Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-37 8/24/98 0 DRAFT ORDINANCE REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY A A'A m7 43' 4V 45* 'A' 25L IV 129 I T A -10-i 10-1 4- THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL A 42 inch high fence may be constructed on any portion of the lot. Indicates that portion of the lot on which a 6 foot high fence may be constructed. "N" Indicates minimum front yard setback. 45o Diagram C 5.23.94 Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-38 8/24/98 EXHIBIT C • DRAFT ORDINANCE • 232.08 Design Standards A. General Planting Provisions. 1. A minimum of 8 percent of the total net site area shall be landscaped, or as required by Title 21 or conditions of approval. 2. For traffic visibility purposes, the maximum height of shrubbery shall be 32 inches within any parking area and within 5 feet of any driveway. (See Diagrams A,B, C, D) 3. Turf shall not be installed on grade differential greater than 4:1. Where the maximum overall grade differential is three (3) feet, 3:1 shall be considered maximum. 4. Any planter or screen wall shall be placed behind the landscape area and shall set back 5 feet from the edge of any alley or driveway. (See Diagram C) B. General Tree Requirements. 1. Each single family residential lot less than 45 feet in width shall have one 24 inch box tree planted within the front setback area. The City's Landscape Architect shall determine whether a minimum 4 to 6 foot square (16-36 sq.ft.)planting area will be required upon review of the landscape plan. One 24 inch box tree shall also be planted in the streetside yard adjacent to a street without a parkway. 2. Each single family residential lot 45 feet or greater in width shall have one 36-inch box tree planted within the front setback area. One 36 inch box tree shall also be planted in the streetside yard adjacent to a street without a parkway. 3. Multi-family residential lots shall have one 36 inch box tree for every 45 lineal feet of street frontage planted within the setback areas adjacent to a street. In addition, there shall be one 36 inch box tree planted within the common open space areas for each ground or first level unit. 4. Non-residential developments shall have one 36 inch box tree for each 45 lineal feet of street frontage planted within the first 15 feet of the setback area adjacent to a street. 5. Specimen palms may be substituted at a ratio of 1/2 foot brown trunk height for one inch of box tree inch required. C. Off-Street Parking Facilities 1. A 10-foot-wide landscaped planter area(inside dimension) shall be provided between any street side property line and a parking area except at driveway openings. Berming shall be a minimum of 20 inches in height. When a planting area is less than 10 feet wide, a 32 inch high wall shall be provided. Where grade Huntington Beach Zoning and Subdivision Ordinance Chapter 232 232-3 8/24/98 • • DRAFT ORDINANCE differential would not permit mounding, alternatives shown in Diagram B may be used. (See Diagrams A, B, C) 2. Parking facilities shall have perimeter landscaping areas as follows: a. Areas shall be a minimum 3 feet in plantable width and include one tree for each 90 square feet of landscaped area. b. Areas shall be increased to 5 feet in plantable width when the parking facility dimension is more than 100 feet adjacent to the side or rear property line. C. Minimum plantable area for each tree shall be 48 inches square. 3. Interior landscaping areas shall be distributed throughout the parking area and shall equal 5 percent of the perimeter landscaping area. These areas shall include a minimum of one minimum 24-inch box tree for every 10 parking spaces shall be located throughout the parking area. 4. The end of each row of parking spaces shall be separated from driveways by a landscaped planter, minimum 2 feet wide and in addition include a step off area. (See Diagrams C, E) 5. Planter areas adjacent to parking spaces shall be provided with a 12-inch-wide by 3 1/2 inch-thick "step off' area flush with and behind the curb for the entire length of planter or provide 4-foot- square or 5-foot-diameter circular planter surrounded by textured/and/or colored concrete. 6. A concrete curb may be required adjacent to the sidewalk within the right-of-way. (Refer to the Arboricultural and Landscape Standards and Specifications) 7. All parking area landscaping shall be protected from vehicular and pedestrian damage by a 6-inch-high, 6-inch-wide curb of portland cement concrete. Additional protection shall be provided by one of the following methods: a. Two (2) feet of landscaping consisting of low shrubs or ground cover may be provided between a parking stall and the required landscape area. The additional landscaping shall not count toward the required percentage of landscaping or minimum planter width. This method will allow vehicles to extend over the additional landscape area in conjunction with permitting a reduction in the required length of the parking space from 19 feet to 17 feet; or b. Other alternatives acceptable to the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 232 232-4 8/24/98 EXHIBIT D • DRAFT ORDINANCE • 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding ten percent deviation from site coverage, separation between buildings, height, setback, parking, and landscape requirements. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-2 1/20/99 Ord. No. 3410 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 19th day of January, 1999, and was again read to said City Council at a regular meeting thereof held on the 1st day of February, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on 19 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway City Clerk of the City Council of the City Deputy Citv Clerk of Huntington Beach, California G/ordinanc/ordbkpg 2/3/99 ATTACHMENT 3 LEGISLATIVE DRAFT Chapter 210 Residential Districts Sections: 210.02 Residential Districts Established 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls 210.06 RL,RM,RMH,RH, and RMP Districts: Property Development Standards 210.08 Development Standards for Senior Projects 210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 RMP District Supplemental Development Standards 210.16 Review of Plans 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five (5)residential zoning districts are established by this chapter as follows:(3334) A. The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven(7) units per acre. B. The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes,town houses, apartments,multi-dwelling structures, or cluster housing with landscaped open space for residents'use. Single-family homes, such as patio homes, may also be suitable. Maximum density is fifteen(15) units per acre. C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five(25) units per acre. D. The RH High Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational-requirements. Maximum density is thirty-five (35)units per acre. E. The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-1 8/24/98 0 0 LEGISLATIVE DRAFT 210.04 RL, RM,RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates uses use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. P U e e o v o 8 tIft t+ti,o, S o i 8 P o,..,..:tto i 64 R+1,0 s Po..,, , s o b.,,+ designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-2 8/24/98 LEGISLATIVE DRAFT RL,RM,RMH,RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) (3334) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D) 2 - 4 units ZA P P - (9)(9) 5 - 9 units ZA ZA ZA - (B)(B) 10 or more units PC PC PC - (B)(B) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(M)(Q)(P) Public and Semipublic (A)(P}(0) Clubs & Lodges - - L-1 ZA Day Care, Large-family ZA ZA ZA ZA Day Care, General L-2 ZA ZA ZA Park& Recreation Facilities L-34- L-34- L-34- L-34- Public Safety Facilities PC PC PC PC Religious Assembly L-4-2 PC PC PC Residential Care, General - L-2 PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-54 - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P ($)(N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 8/24/98 • LEGISLATIVE DRAF• RL, RM, RMH, RH, and RMP Districts: Additional Provisions L-1 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-2 (Previously Sec. L-4) A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. L-3 (Previously Sec. L-1) Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-4 (Previously Sec. L-2) A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. See Section 230.06: Religious Assembly Yard Requirements. L-5 (Previously Sec. L-3) A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in the RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a s:gnifieant e3it ,,, structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit pfeviously ebtained, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 2 10.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, a conditional use permit by the Zoning Administrator is required for the addition of manufactured home space(s) to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-4 8/24/98 • LEGISLATIVE DRAF• (H) See Section 230.08: Accessory Structures. (I) See Section 230.10: Accessory Dwelling Units. (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M)(N4 Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N)(9) See Section 230.18: Subdivision Sales Offices and Model Homes. (0)(P4 Limited to facilities on sites of fewer than 2 acres. (P)(Q) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee 210.06 RL,RM,RMH, RH, and RMP Districts: Property Development Standards The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-5 8/24/98 • LEGISLATIVE DRAF• Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width(ft.) 60 60 25 60 60 N/A Cul de sac frontage 45 45 - 45 45 N/A Minimum Setbacks (D) (R) Front(ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) Rear(ft.) 10 10 7.5 10 10 - (I)(J) (W) Garage K Accessory Structure Projections into L (R) Setbacks Maximum Height(ft.) Dwellings 35 35 35 35 35 20 (M) Accessory Structures 15 15 15 15 15 15 (M) (R) Maximum Floor Area - - 1.0 - - - Ratio (FAR) Minimum Lot Area per 69000 2,904 * 1,742 1,244 - Dwelling Unit(sq. ft.) Maximum Lot 50 50 50 50 50 75 (V) Coverage (%) Minimum Floor Area (N) Minimum Open Space (0) Courts Accessibility within Dwellings ((� Waterfront Lots (R) Landscaping See Chapter 232 (S) Fences and Walls See Section 230.88 Lighting (T) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 * Lots 50 feet or less in width= 1 unit per 25 feet of frontage; Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A = Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-6 8/24/98 • • LEGISLATIVE DRAFT Mini—um Building Site --Afea(sq. A.4 6;4es 4,4W -24 e 6,40e gees (A)(9}(G) "A'iath(f4` 60 6e 34 6e 69 - Gu de ,. 4,,,,4aff 45 451 - 45 45 - f�f --44-e ) 4-4 44 4-2 49 4e (112 4(K) 3 4 3 4 4 3:14 314 - (9)(14)(;) —meet-Side (A.) 6144 61-19 -5 6,44 6,44) - (14)(1)(j) Row- ­j 44 44 ?4 44 44 age (4)(U4 Maximmm AeA 4-SJ 45 44 44 44 4-4 ( - - 44) - - - per-Dwelling 4;R4 6-,2-24 -2-, 4 1 12 - (K) ° 54 -s 69 4e 64 74 s (N4 W4 coo r hapte (Rc (3334 Imightifi$ F-e Rees and WAS coo Seetio 212n 1?4 44484 00t r tS 44 09 Stfeet Par-king and Leading see Chapter-233 moo Chapter- P 6n Boa Rpr#iR44 ;Qn 7Q $e0 Chapter-213 coo ca.t;,,,, . Chapto, --4-1 ^r--- 6 stsaetwes L@tS 50 ie@t E)f!OSS i;R Width — 1 .,;+«. 75 foot.,f f pntnrto ;li�,';,�'�t�2— 1,,,,;t� ,-_� nnn � Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-7 8/24/98 • LEGISLATIVE DRAF• RL, RM, RMH,RH, and RMP Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one (1) gross acre. (n) coo Se tie-in 230 49, u.,;iaing n,.E.eetiens into 34a.. (Moved to Sec. L(1)) (D) (Previously Sec. E) Building_Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (E) (Previously Sec. F) Variable Front Setback for Multi-family Projects. Projects with more than 4 units in the RM District, more than 8 units in the RMH District (including "f l-A),and or more than 14 units in the RH District shall have provide a minimum setback of 15 feet from any public right-of-way. 17-Avi ble- f Minimum 50% of the garages shall be setback 20 feet from the front property line. See Section 210.12 B. (F) (Previously Sec. Q) Upper-story Setbacks for Multi-family Structures. T" the r D r au, D T 414 A, and v 4 a;str-i ts, The covered portion of all stories above the second story in any multi-family structure shall be setback an average of 10 feet from the second floor front facade (see Exhibit). (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-8 8/24/98 • LEGISLATIVE •DRAFT RL, RM, RMH,RH, and RMP Districts: Additional Development Standards average 10' setback 0 ODD 0000D 0 0 00 00 D 210-UPSS.PCX UPPER STORY SETBACK (G) Interior Side-Setback.-- In the RL, RM, RMH(including RMH-A), and RH Districts, interior side setbacks shall be minimum too persen4 10% of lot width, but not less than 3 feet and need not exceed 5 feet, except as stated below. (2)04For projects in the RM, RMH (including RMH-A), and RH Districts adjoining an RL District,Tke interior side setbacks 3efd shall be at least: (a) 10 feet for units in single-story or two-story buildings. and (b) 14 feet for units above two stories. Subject to approval of a conditional use permit,the Zoning Administrator or the Planning Commission, as the ease may be, may approve upper-story setbacks in lieu of an increased side setback 3aF4 if the second and third stories are setback the required distance. (H) (Previously Sec. J) Street Side Setbacks Yd. (1) In the RL, RM, RMH (excluding RMH-A), and RH districts,the street side setback 3`ar-d shall be 20% per-een4 of the lot width, minimum 6 feet and need not exceed 10 feet. (2)In the RMH-A subdistrict, street side setback shall be minimum 5 feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-9 8/24/98 • LEGISLATIVE DRAF• RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (3) For projects with 10 or more multi-family units (including RMH-A),the street side setback shall be the same as the front setback. (I) (Previously Sec. H) Building Walls Exceeding 25 Feet in Height. Ruil, ing 14eig4t and v o,,hied 34 The width e€-a required interior side or rear setback 3OF4 adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (1)9iieeptiaas. 1f the le widt-h-is less -];.—Ae-45 feet, a@-if1Pr.easa i4; siEle yar-d is 1 Setbaek. The width of a l:e uil:edi4fiteRie1: side aradjoiningalley may-be ,.odueed to 2 feet for-g „ded gafages with alley aeraess „+.,;., t4e « ,-e (Moved to Sec. H) (j) S+..00t Side v.,,.d (Moved to Sec. H) (,I) (Previously Sec. V) Zero Side or Rear Setback. . (1) A zero interior side 3,-*d setback may be permitted provided that the opposite side 3ff4 setback on the same lot J;AJJke is minimum 20% of the lot width, not less than m fiim of Ave II" 5 feet, and need not exceed to;; 10 feet, e+ and shall be subject to the requirements listed in subsection (3) below. (2) A zero rear 3`ar-4 setback may be permitted provided that the opposite rear yffd setback for the adjacent lot is sh A I I he either zero or a minimum of ten(40) 10 feet, and subject to the€e4ewiegrequirements listed in subsection (3) below. (3) A zero side or rear setback may be permitted subject to the following requirements: (a) The lot adjacent to the zero aside ya4-or rear 3ar-4 setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner. (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (c) Side 5,afd Sseparation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of five (5) 5 feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-10 8/24/98 • LEGISLATIVE DRAF• RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (d) No portion of the dwelling or any architectural features shall project over the property line. (e) The zero setback shall not be adjacent to a public or private right-of-way. (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (4)-(2} Double zero side setbacks yafs may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. f1t��See-Sect ee 2I-A:1 .zejo.mo.,* !RtA4;a., (Moved to Sec. 210.04 (E)) (K) (Previously Sec. U) Fafage Garage Setbacks. Setbacks for the main dwelling shall apply, except as specifically stated below: 1 Front entry garage - 20 feet 2 Side entry garage - 10 feet 3 Garage with alley access - 5 feet -e r3, For garages with rear vehicular access from an alley and located on a lot lets 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet. . A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. aeeess . (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-11 8/24/98 LEGISLATIVE DRAFT RL,RM,RMH,RH, and RMP Districts: Additional Development Standards i ATTACHED FRONT i ENTRY GARAGE Property line i Minimum 20' from i garage to property line i Street •_ Sidewalk ATTACHED SIDE ENTRY GARAGE i Property Line : E i Minimum 10' from i garage to property line Min 25' Street •_ Sidewalk Radius Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley i = Minimum 5' from garage to property line ' Property line ! GARAGE WITH ENTRY FROM REAR ALLEY I Sidewalk Street Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-12 8/24/98 LEGISLATIVE DRAFT RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) (Previously Sec. D) See Section 230.68: Building Projections into Yards. (2) (Previously Sec. P) Pa1ev^ries And Bay Windows. Balconies and bay windows may project into required setbacks yafs and usable open space areas subject to Section 230.68,and provided that the following lifnitat ans (l' balconies shall have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks 3`af4s• (M) (Previously Sec. L) Height Requirements. (Previously Sec. L(1)) See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. r„ ro,l dif:@.tly be!@.., (Moved to Sec. M(3)(a)) (e) M ei& r T irciimso sl4all b@ tm"rcy (3§) fe@t; o oo.t;.1g thi fty (;@) feet i h@ight shall r approval o 0 „f-rA.,a:+; ,,,,1 11s@ no,..Y.;t by the Z,,. ing n dmii4;str.,t r (Moved to Sec. M(2)(b)) (d)Habltable area,insluding l-oof top jeeks s s, abeve the-seeend stajzy f p „l +o line sl,..11 appr-ev,l f.. C--a 7:+: ,.,,1 T Two Dor,�,;t 1,.,the Zoning . .. .,,;tl, Oki@ f ll.,.,ing 1imit.,t;.,,4s. (Moved to Sec. M(2)(c)) l The b ld height 1.,11 + .1 tho 1, ht l;,Y„+ Tz xxe o airairr6zxcibxrc�zxarrixv reicewcs-crnriiaianirauxix uciSrrci:xxxxcs (2) 14lxbital_lea Mveaa—(Moved to Sec. M(2)(c)) motel•��tie�-�e�•ie;<��1��T�(?�i-�io=at���ta�r�s l;Bo mil,,ll l.o Pr the p „o.-+., (4,,,,t to barn- ...,,1 84,l4 +., SWO) that Q-148.,4l,o roles+;,,.,Ship „f 8a..1 lo.et f:., she add an the pr-ep@4 ,,,1 add „t land. 4-hi,4_Sfeet_of+ha „mot., line Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-13 8/24/98 • LEGISLATIVE DRAFT• RL, RM,RMH, RH, and RMP Districts: Additional Development Standards (1) Single Family Dwellin s in all residential districts, except the RMH-A subdistrict shall comp y with the following standards: (a) (Previously Sec. L(1)(a)) Second story top plate height shall not exceed twenty- five (25) feet above measured from the top of the subfloor/slab aeasui:ed directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (Copied from (M)(1)) (c) (Previously Sec. L(1)(c)) Maximum building height for Main Dwellings shall be thirty-five (35) feet; however, Main Dwellings exceeding thirty (30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (Note:Not certified by the California Coastal Commission;however, these provisions are in effect and will be enforced by the City of Huntington Beach)(3268-12/94)(3334) (d) (Previously Sec. L(1)(d)) Habitable area, including rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. vl,ith the€e114. itatiens- (2) Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (1) �i} Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are setback five (5) feet from the building exterior and do not exceed the height limits as stated above. (2) (44 Windows and deck areas above the second story plate line shall orient onto open ante public rights-of-way only. Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the building exterior roof volume J • accessed from within the main dwelling • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-14 8/24/98 • LEGISLATIVE DRAFT RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (e) (4)Access to any habitable area above the second story top plate line shall be provided€ref within the Main Dwelling and shall be consistent with internal circulation. (Previously L(1)(c)(3) above.) Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (0) To deatei.r..,:Ine eamplianee W44 this s4se Two vertical cross-sections through the property (front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Sin le Family Dwellings in the RMH-A subdistrict shall comply with thelollowing standards: (a) (Previously Sec. L(1)(a)) Second story top plate height shall not exceed twenty- five (25) feet abew measured from the top of the subfloor/slab VA A A si lf-Ad directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (Copied from (M)(1)) (c) Habitable area, including rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. (Copied from (Al)(1)) (Rest of page not used) I Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-15 8/24/98 I • LEGISLATIVE DRAFT• RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (d) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. Front Property i Line i 35' j 25' maximum maximum j height in the j height at top i 25' front and rear 25' 25' of roof i of the lot i Street Rear 25' 25' Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (e) (4}Access to any habitable area above the second story top plate line shall be provided 4em within the Main Dwelling and shall be consistent with internal circulation. (Previously L(1)(c)(3) above.) Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (ol Te jete;.Rine a ..lian a 414+14;s -S bseeti ., Two vertical cross-sections through the property (front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3) (21) Accesso1y Structures: See Section 230.08: Accessory Structures. Accessory structures located on projectin decks abutting a waterway shall comply with the height established in subsection tRlav}: (4) (4) Recreation Buildings: The maximum height of a recreation building for multi- family, planned residential, and mobilehome park projects shall be established by the conditional use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-16 8/24/98 • LEGISLATIVE DRAFT• (N) (Previously Sec. M) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (Moved to Sec. P) (0) Open Space Requirements. (1) The minimum ale open space area (private and common) for multi-family residential projects in RM, RMH (including RMH-A), and RH Districts shall be �e>:sen 25 /o of the residential floor area per unit(excluding garages). Tie 0 spaeo pr- ; ath@vxise (Moved to (3)(c)). (2) (44 Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding at least 42 inches in height. (d) A maximum of 50% Apeftien of the private open space requirement, not to exeeed 50 per-een4,may be on open decks above the second story subject to 4pen approval of a conditional use permit by the Zoning Administrator or Planning Commission, provided that no portion of such a-deck exceeds the height limit. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-17 8/24/98 • LEGISLATIVE DRAFTi RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (3)(24 Common Open Space. (a) Common open space,provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways,of parking areas, or area required for front or street side yards (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool,tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (9) Apei4i8a of tke pr-iva4e-open space a r*' flet ta 0�keeed 50 p r-eef+, May be 8 ae^L sh-Al axe-ooa Ohio height limit (Moved to subsection (2)(d)) (4) The Director also may allow a reduction in the open space requirement ta be Fedoeed to 10 per-eext 10% of the livable area per unit for projects j with less than 10 units and that Ar-e located within walking distance of 1,000 feet of a public park or toe beach. (P) (Previously Sec. N) Courts Opposite Windows in the RM, RMH, and RH Districts (excluding toe RMH-A&4-4istfiet). Courts shall be provided in all multi-family projects in the RM, RMH, and RH Districts subject to the following requirements: (1) Courts Opposite Walls on the Same Site: The minimum depth of a court shall one- half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room. (see diagrams below) (2) Courts Opposite Interior Property Line: The minimum 4ept4 distance ^r-a ee-„-« f^r between a required window of a habitable room and a property line shall be 10 feet. . (3) Court Dimensions: Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. pr-evided ahmate eEaves may project a maximum 2 feet into a court. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-18 8/24/98 • LEGISLATI •VE DRAFT RL, RM, RMH, RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window t I I I/2 Height of ' Opposit wall I 20 • I 1�ft. ft Not less than 10 ft. SEELLiving room window I Living room I window h Living room Living room Living room window window window h/2 i 20 ft. i Section A Section B Other room fOtheroom window 14 ft. No Section C 210-CRT.CDR COURTS OPPOSITE WINDOWS i Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-19 8/24/98 • LEGISLATIVE DRAF T RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (P-)—1 lsei eand Bay ` iffd g�_ . (Moved to Sec. L(2)) (Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (Previously Sec. 210.04 (M) Upper- !Aer-}-Set asps. I; the PA4, PN4I4; and �s, tien of Al S«�� fas�le- (R)(4:)Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this Chapter, Chapter 245, and Chapter 17.24, and the following requirements: (1) Projecting Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the tha4 side 3aF4 setbacks required for the main dwelling. d. (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3) Fencing. All portions of fencing within the required rear ywd setback area shall comply with Chapter 230.88 and the visibility provisions below. (4) Solariums. Solariums (patio enclosures)may project a maximum of 30 inches over the bulkhead. In all cases,the solarium shall maintain a 45 degree(45°)visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (5) Patio Covers. Patio covers (including eaves) may be permitted to project 5 feet into the rear yard setback, however, construction materials shall allow compliance with visibility provisions below. (6) Visibility. The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85 pervent 85% transmission of light and visibility through the structure in each direction when viewed from any angle. (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30-days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-20 8/24/98 • LEGISLATIVE DRAFT RL, RM, RMH,RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. 5 45 45 _fix -A- k ; • 5' min. house 5' min. . 1 • Property line I o i n_i ch rnr, WATERFRONT LOT PROJECTIONS (S)M(Previously Sec. R) Landscaping planting area (1) A minimum 40% of the front setback area shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max. 5 ft. wide walkway) maybe provided in lieu of the 40% requirement. A maximum 18 inch high planter wall may be constructed along the front property line. (2) All required trees specified in Chapter 232 shall be provided. (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-21 8/24/98 • LEGISLATIV E DRAFT RL, RM, RMH,RH, and RMP Districts: Additional Development Standards (T)(R4(Previously Sec. S) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (U) (Moved to Sec. K) See Section 230.08: Accessory Structures (V) Ze-e Side o-R@a-V" . (Moved to Sec. J) Solid patio covers open on at least 3 sides may be permitted an additional 50site coverage. Open lattice/trellis patio covers are exempted from site coverage standards. (W) Where a rear yard abuts a street, or is adjacent to or facing a front yard of a residentially zoned property, front setback requirements shall apply. RL zoned properties abutting arterial highways shall comply with standard rear setback requirements. Wall and fences shall comply with Section 230.88. 210.08 Development Standards for Senior Projects This section establishes development standards for t4e Senior Residential Projects that may be permitted by the Planning Commission for-the nst-n -+40-r ^f a 11-49-4-4-i-A-F F-0.9sidlefitial „ Oet A. Minimum Floor Area . Each dwelling unit shall have a minimum floor area of 450 square feet. B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. C. Minimum Distance between Buildings. Minimum building separation shall be-10 feet. D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades,two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. E. Open Space Requirements. 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with a 6-feet minimum dimensions of 6 feet. 2. Common Open Space: A minimum of 2,500 square feet for the first 50 units, and an additional ply 50 square feet for each unit over 50. 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of w4k minimum of 400 square feet, may satisfy pire;,4de up to 60-pel:seat 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-22 8/24/98 LEGISLATIVE DRAFT F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. 210.10 Modifications for Affordable Housing The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro-forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s) proposed. 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. A. Maps. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. B. Project Design. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4) feet for every two units shall be provided. 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-23 8/24/98 • LI LE TIVE DRAF •GSA T RL,RM,RMH, RH, and RMP Districts: Additional Development Standards E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans,the buildings and use of property for planned unit development. F. Sale of Lots. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the City. G. Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Said entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 210.14 RMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home parks. A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front minimum 5 feet Sides 10 feet aggregate, minimum 3 feet on any side Rear minimum 5 feet B. Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space. C. The undercarriage of all manufactured homes shall be screened from view on all sides. D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a twe 0) 20 foot wide landscaped berm or a tea 10 foot wide landscaped area and a si*6 foot high wall shall be located at the minimum front setback line. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-24 8/24/98 LEGISLATIVE DRAFT RL, RM, RMH, RH, and RMP Districts: Additional Development Standards E. A boat or trailer storage area shall be provided and screened from view by a si*6 foot high fence or wall. F. Maximum site coverage for each individual manufactured home space shall be 75%. site eaver-age- G. Projects in the RMP district shall provide a minimum common open space area of 200 square feet per manufactured home space. (Previously in opening paragraph) 210.16 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; Pr-E, eels.,,4 , .,a;.,,.M+ ., .,A0481 Ilig,. &)'; ., AGA.,,;+t, c_o projects on substandard lots; see Chapter 241. B. Design Review Board. ; speeifie,.laps „a p eets . ,ithi, cnn f et -f., PS Piss-iet; See Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; ; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-25 8/24/98 0LEGISLATIVE DRAFT S 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text,the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be setback a minimum of three (3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in height may not be located in the required front yard, except as permitted elsewhere in this Section. 2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. 3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42) inches in height. This subsection shall not apply to lots abutting arterial highways. 4. In the RL district, garden or wing walls or fences equal in height to the first floor double plate, but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3) foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight(8) foot high solid masonry or block wall may be constructed on the common side or rear property line. 6. In order to allow variations in the street scene in R districts, fences or walls exceeding forty-two (42) inches in height may be permitted at a reduced front setback of six (6) feet subject to plan review approval by the Director in conformance with the following criteria: a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership and only at the time of initial construction of the dwellings. b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten(10) feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-34 8/24/98 +LEGISLATIVE DRAFT i 7. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six(6) ft. decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street,the maximum retaining wall height shall be twenty-four(24) inches as measured from the adjacent curb and may be topped with a maximum eighteen(18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty- six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two (424 inch high wall or fence may be erected above the retaining wall with a minimum three (3) foot setback from the front property line. (2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be eighteen (18) thi fty si* (964 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to eighteen (118) inches in height high wall ^r feaeo may be erected above the eighteen (18) high retaining wall with a minimum three (3) foot front setback f^m the 4A- pe#. l;,,o. A wall or fence up to forty two (42) inches in height may by erected on top of the retaining wall with the minimum three foot front setback. (See Exhibit below) Required Y-0" Tree/Palm I Landscaping Front I Building* property line Max.42" I Patio I Max.18" j Max 18" pi +� l Retaining Walls Sidewalk/Parkway * See Maximum building height in Chapter 210. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-35 8/24/98 •LEGISLATIVE DRAFT • e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight(8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six(6) feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 8. The height of any fence, wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts, nine (9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. (3334) B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight(8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six (6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a conditional use permit by the Zoning Administrator shall be required prior to construction of such walls. C. Visibility. 1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten(10) feet from the intersection of the rear and street side property lines. 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-36 8/24/98 •LEGISLATIVE DRAFT • prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven(7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of 42 inches and 7 feet within a triangular area formed by measuring ten(10) feet from intersecting driveways or street/alley and driveway. PRopERryL/NE 70•'�1,�`��10 P�0 NE 230-CORD DIAGRAM A - . . _ � _ - 10 _ 10, 10• 10' 10' 10' 10' 290-cetb STREET/ALLEY DIAGRAM B (Rest of Page Not Used) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-37 8/24198 •LEGISLATIVE DRAFT i REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY i7 u • .A. 47 c 17• " " j2@ �25- il ii I' �I 10 THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL A 42 inch high fence may be constructed on any portion of the lot. 2s " � ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. i "A" Indicates minimum front yard setback. A. " Dia ram C IS 5.2394 G?OMPAW-230SWAP Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-38 8/24/98 • LEGISLATIVE DRAFT • 232.08 Design Standards A. General Planting Provisions. 1. A minimum of 8 percent of the total net site area shall be landscaped, or as required by Title 21 or conditions of approval. 2. For traffic visibility purposes, the maximum height of shrubbery shall be 32 inches within any parking area and within 5 feet of any driveway. (See Diagrams A, B, C, D) 3. Turf shall not be installed on grade differential greater than 4:1. Where the maximum overall grade differential is three (3) feet, 3:1 shall be considered maximum. 4. Any planter or screen wall shall be placed behind the landscape area and shall set back 5 feet from the edge of any alley or driveway. (See Diagram C) B. General Tree Requirements. 1. Each single family residential lot less than 45 feet in width shall have one 24 inch box tree planted within the front setback area. The City's Landscape Architect shall determine whether a minimum 4 to 6 foot square (16-36 sq.ft.) planting area will be required upon review of the landscape plan. One 24 inch box tree shall also be planted in the streetside yard adjacent to a street without a parkway. 2. Each single family residential lot 45 feet or greater in width shall have one 36-inch box tree planted within the front setback area. One 36 inch box tree shall also be planted in the streetside yard adjacent to a street without a parkway. 3. Multi-family residential lots shall have one 36 inch box tree for every 45 lineal feet of street frontage planted within the setback areas adjacent to a street. In addition, there shall be one 36 inch box tree planted within the common open space areas for each ground or first level unit. 4. Non-residential developments shall have one 36 inch box tree for each 45 lineal feet of street frontage planted within the first 15 feet of the setback area adjacent to a street. 5. Specimen palms may be substituted at a ratio of 1/2 foot brown trunk height for one inch of box tree inch required. C. Off-Street Parking Facilities 1. A 10-foot-wide landscaped planter area(inside dimension) shall be provided between any street side property line and a parking area except at driveway openings. Berming shall be a minimum of 20 inches in height. When a planting area is less than 10 feet Huntington Beach Zoning and Subdivision Ordinance Chapter 232 232-3 8/24/98 • LEGISLATIVE DRAFT • wide, a 32 inch high wall shall be provided. Where grade differential would not permit mounding, alternatives shown in Diagram B may be used. (See Diagrams A, B, C) 2. Parking facilities shall have perimeter landscaping areas as follows: a. Areas shall be a minimum 3 feet in plantable width and include one tree for each 90 square feet of landscaped area. b. Areas shall be increased to 5 feet in plantable width when the parking facility dimension is more than 100 feet adjacent to the side or rear property line. C. Minimum plantable area for each tree shall be 48 inches square. 3. Interior landscaping areas shall be distributed throughout the parking area and shall equal 5 percent of the perimeter landscaping area. These areas shall include a minimum of one minimum 24-inch box tree for every 10 parking spaces shall be located throughout the parking area. 4. The end of each row of parking spaces shall be separated from driveways by a landscaped planter, minimum 2 feet wide and in addition include a step off area. (See Diagrams C, E) 5. Planter areas adjacent to parking spaces shall be provided with a 12-inch-wide by 3 1/2 inch-thick "step off' area flush with and behind the curb for the entire length of planter or provide 4-foot- square or 5-foot-diameter circular planter surrounded by textured/and/or colored concrete. 6. A concrete curb may be required adjacent to the sidewalk within the right-of-way. (Refer to the Arboricultural and Landscape Standards and Specifications) 7. All parking area landscaping shall be protected from vehicular and pedestrian damage by a 6-inch-high, 6-inch-wide curb of portland cement concrete. Additional protection shall be provided by one of the following methods: a. Two (2) feet of landscaping consisting of low shrubs or ground cover may be provided between a parking stall and the required landscape area. The additional landscaping shall not count toward the required percentage of landscaping or minimum planter width. This method will allow vehicles to extend over the additional landscape area in conjunction with permitting a reduction in the required length of the parking space from 19 feet to 17 feet; or b. Other alternatives acceptable to the Director. Huntington Beach Zoning and Subdivision Ordinance Chapter 232 2324 8/24/98 • LEGISLATIVE DRAFT • 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances to setback and building separation requirements, and variances not exceeding ten percent deviation from site coverage, 4uilw „gs, aa4 setb ek, or landscape requirements. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-2 8/24/98 ATTACHMENT 4 2 2 PATIO WITH PATIO WITH 3 SIDES OPEN 2 SIDES OPEN (PC RECOMMENDED) (STAFF RECOMMENDED) COMPARISON BETWEEN PATIO COVER DESIGNS ALLEY ALLEY IL 12' i 3' FRONT FRONT EXISTING LANDSCAPE LANDSCAPE OPTION IN REQUIREMENT RMH-A SUBDISTRICT • 40%of front setback • 3' wide planter landscaped • required tree 0 required tree i I Maximum height 35 feet from datum to highest ! ridge when elevation ! between datum and slab is Front two (2)feet or less. property i line i i Datum i Bldg. Slab i i i Maximum height 37 feet from datum to highest ridge when elevation i between datum and slab Front -r exceeds two (2)feet. property line ! Bldg. Slab i i Datum """ >2' ATTACHMENT 5 • i C-2 ZONING TEXT AMENDMENT NO. 97-1 AS REVISED (RMH-A DISTRICT STANDARDS): APPLICANT: City of Huntington Beach LOCATION: City-wide PROJECT PLANNER: Wayne Carvalho At the May 26, 1998 Planning Commission meeting, the Commission reviewed and approved Zoning Text Amendment No. 97-1, a request by the Department of Community Development to amend the Huntington Beach Zoning and Subdivision Ordinance(ZSO) addressing residential district standards. In addition, the Commission recommended changes to the draft ordinance through straw vote motions. Staff has completed the revisions and is forwarding the Draft Ordinance and Legislative Draft for final review as a consent calendar item. STAFF RECOMMENDATION: Staff recommends the Planning Commission accept the revised ordinance in conjunction with Zoning Text Amendment No. 97-1 and forward the Draft Ordinance to the City Council for adoption." The Commission discussed the straw vote actions taken at the May 26, 1998 meeting that will be incorporated into the Draft Ordinance and forwarded to the City Council. A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE,TO ACCEPT THE REVISED ORDINANCE,IN CONJUNCTION WITH ZONING TEXT AMENDMENT NO. 97-1 AND FORWARD THE DRAFT ORDINANCE TO THE CITY COUNCIL FOR ADOPTION,BY THE FOLLOWING VOTE: AYES: Chapman,Kerins,Biddle NOES: Inglee, Tillotson,Livengood, Speaker ABSENT: None ABSTAIN: None MOTION FAILED Livengood, seconded by Inglee made a straw vote motion,to modify the Commission's previous straw vote on Issue#2, regarding third story floor area in RMH-A Subdistrict,to require Zoning Administrator approval. The motion passed 5-2, Tillotson and Inglee voting no. PC Minutes—7/14/98 12 (98PCM714) i • A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE,TO ACCEPT THE REVISED ORDINANCE WITH THE EXCEPTION OF ISSUE#2 TO REMAIN AS ( ZONING ADMINISTRATOR APPROVAL,IN CONJUNCTION WITH ZONING TEXT AMENDMENT NO. 97-1 AND FORWARD THE DRAFT ORDINANCE TO THE CITY i COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Speaker NOES: Inglee, Tillotson ABSENT: None ABSTAIN: None MOTION PASSED C-3 PLANNING COMMISSION MINUTES DATED JUNE 9, 1998 A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE,TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 9, 1998, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman,Tillotson,Livengood,Kerins,Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-4 PLANNING COMMISSION MINUTES DATED JUNE 16, 1998 A MOTION WAS MADE BY KERINS, SECONDED BY CHAPMAN,TO CONTINUE PLANNING COMMISSION MINUTES TO THE JUNE 16, 1998 MEETING, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman,Tillotson,Livengood,Kerins,Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS None I PC Minutes—7/14/98 13 (98PCM714) ATTACHMENT 6 1 Huntington Beach Department of Community Development STAFF REPORT TO: Planning Commission FROM: Howard Zelefsky, Planning Director BY: Wayne Carvalho, Associate Planner DATE- July 14, 1998 SUBJECT ZONING TEXT AMENDMENT NO. 97-1 —CONSENT CALENDAR (RESIDENTIAL DEVELOPMENT STANDARDS) LOCATION: Citywide STATEMENT OF ISSUE: At the May 26, 1998 Planning Commission meeting, the Commission reviewed and approved Zoning Text Amendment No 97-1, a request by the Department of Community Development to amend the Huntington Beach Zoning and Subdivision Ordinance (ZSO) addressing residential district standards In addition, the Commission recommended changes to the draft ordinance through straw vote motions Staff has completed the revisions and is forwarding the Draft Ordinance (Attachment No 2) and Legislative Draft(Attachment No. 3) for final review as a consent calendar item RECOMMENDATION: Motion to. "Accept the revised ordinance in conjunction with Zoning Text Amendment No 97-1 and forward the Draft Ordinance to the City Council for adoption" ALTERNATIVE ACTION: "Not accept the revised ordinance and direct staff accordingly" GENERAL INFORMATION: APPLICANT City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST To approve a comprehensive amendment to the Huntington Beach Zoning and Subdivision Ordinance addressing residential district standards 00z The following matrix compares the staff recommendation with the Planning Commission straw vote action: Issue Staff Recommendation Planning Commission Comments (May 26, 1998) Straw Vote(May 26, 1998) 1.Clubs/Lodges in Allow clubs/lodges in RL Prohibit clubs/lodges in RL Staff disagrees;Clubs/lodges RL and RM and RM Districts with and RM Districts currently exist in RL and RM Districts Conditional Use Permit Districts(i.e.Boys&Girls approval Club on Delaware). 2.Third story floor Require third story floor Require CUP-PC for third Staff disagrees. area in RMH-A area(open or enclosed)in story habitable(enclosed) Subdistrict RMH-A to be processed floor area in all residential through plan check districts;allow third story provided plans comply open deck to be submitted for with specific development plan check. standards(i.e.upper story setbacks) 3. Site Coverage Allow solid covers open on Allow solid covers open on at Staff disagrees;many homes exception for at least two(2)sides an least three(3)sides an are designed with patio areas Solid Patio additional 5%site additional 5%site coverage. adjacent to two walls of the Covers/ coverage main structure;3 sides open is too restrictive for design of patio area. 4.Landscaping/ Not applicable Modify landscaping/retaining Agree;exhibit modified to retaining wall wall exhibit to depict location clarify location of required exhibit of required tree. tree 5.Zoning Allow ZA to act on Allow ZA to act on variances Staff disagrees;"Minor" Administrator variances not exceeding not exceeding 10%from the deviations could be processed Authority 10%from the code code requirement for to ZA to streamline process; requirement for parking, landscaping only. public hearing and appeal landscaping,and height I procedures remain the same Following Planning Commission action, staff will transmit the Draft Ordinance to the City Council. ATTACHMENTS: 1 4. Planning Commission Staff Report dated May 26, 1998 SH:WC:kjl a Staff Report—7/14/98 2 (98SR41) Huntington Beach Department of Community Development STAFF REPORT TO: Planning Commission FROM: Howard Zelefsky, Planning Director BY: Wayne Carvalho, Associate Planner Ue- DATE May 26, 1998 SUBJECT ZONING TEXT AMENDMENT NO. 97-1 (RESIDENTIAL DEVELOPMENT STANDARDS) LOCATION: Citywide STATEMENT OF ISSUE: Transmitted for Planning Commission review is Zoning Text Amendment No 97-1, a request by the Department of Community Development to amend the Huntington Beach Zoning and Subdivision Ordinance (ZSO)to address residential district standards The amendment modifies the development standards and permit requirements for single family residences in the RMH-A subdistrict, allows for clubs, lodges, horticulture, and nursery uses in residential districts, revises the format of Chapter 210 Residential Districts in order to assist in the interpretation of specific criteria in the ZSO, and authorizes the Zoning Administrator to act on minor variances to height, parking, and landscaping The recommended changes have resulted following the review of zoning applications processed since the adoption of the ZSO in November 1994 In addition, the recommendations were arrived after numerous discussions with the development community on single family residential development in the downtown area Staff recommends the Planning Commission approve Zoning Text Amendment No 97-1 and recommend the City Council adopt the Draft Ordinance for the following reasons • The proposed zoning text amendment provides specific standards and procedures for single family residential developments consistent with existing development in the RMH-A subdistrict • The amendment will reduce discretionary permit processing times for three story single family residential proposals in the RMH-A subdistrict • The new zoning provisions will not adversely impact the City's review and public hearing process • The proposed modifications are consistent with the goals and policies specified in the Land Use and Economic Development Elements of the General Plan RECOMMENDATION: Motion to "Approve Zoning Text Amendment No 97-1 with findings for approval and forward the Draft Ordinance to the City Council for adoption'' ALTERNATIVE ACTION: "Continue Zoning Text Amendment No. 97-1 and direct staff accordingly." GENERAL INFORMATION: APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To approve a comprehensive amendment to the Huntington Beach Zoning and Subdivision Ordinance addressing residential district standards. DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE: Not Applicable Not Applicable PROJECT PROPOSAL: Zoning Text Amendment No. 97-1 is a request to amend the following sections of the Huntington Beach Zoning and Subdivision Ordinance (ZSO): 1. Chapter 210 Residential Districts, which includes the following: a) Delete the conditional use permit requirement for three story single family residences on lots less than 50 feet wide in the RMH-A(Residential Medium High Density-small lot) subdistrict provided that upper story setbacks are provided; b) Offer landscaping options on single family residential lots in the RMH-A subdistrict by either providing 40% of the front setback area as landscaping, or a three (3) foot wide landscape planter along the front property line. In both cases,the code-required tree shall be provided; c) Allow Clubs, Lodges, Horticulture and Nursery uses in residential zones with the approval of a conditional use permit; d) Allow patio covers open on at least two sides an additional 5% site coverage, and exempt open lattice patio covers from site coverage standards. e) In addition, various sections of the Chapter have been revised to clarify specific land use requirements. Diagrams have been added and modified for clarification purposes. 2. Section 230.88 Fencing and Yards,to restrict retaining wall and screen wall heights along the front property line in the RMH-A subdistrict. Retaining walls will be restricted to maximum 18 inches along the front property line, while screen walls will require to be setback a minimum of three (3) feet. A second 18 inch high retaining wall may be erected with a minimum three (3) foot front setback. 3. Section 232.08 Design Standards (Landscaping),to allow the City's Landscape Architect the authority to determine the planting area necessary for code-required trees. 4. Section 241.04 Authority of the Planning Commission and Zoning Administrator, authorizing the Zoning Administrator to act on height, parking and landscaping variances which do not deviate more than 10% from the code requirement. Staff Report—5/26/98 2 (98sr32) Planning Commission Review: The Planning Commission held two study sessions on March 10, 1998, and April 28, 1998 to review the proposed amendments. Copies of the draft ordinance and legislative draft were distributed to the Planning Commission and available for public review at those study sessions. ISSUES: General Plan Conformance: The proposed zoning text amendment is consistent with the City's General Plan, and the following goals and objectives of the Land Use and Economic Development Elements: LU 7.1.1 Accommodate existing land uses and new development in accordance with the Land Use and Density Schedules. LU 7.1.2 Require that development be designed to account for the unique characteristics of project sites and objectives for community character and in accordance with the Development"Overlay" Schedule as appropriate. LU 9.2.1 Require that all new residential development within existing residential neighborhoods (i.e. infill) be compatible with existing structures. ED 2.3.1 Strive to reduce all discretionary permit and licensing processing time. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20 which supplements the California Environmental Quality Act. Coastal Status: An amendment to the Huntington Beach Local Coastal Program implementing ordinances will be filed with the California Coastal Commission to incorporate the changes of this zoning text amendment following final action by the City Council. The proposed zoning text amendment will not take effect on properties in the Coastal Zone until approved by the California Coastal Commission. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Staff Report—5/26/98 3 (98sr32) i • `4 Other Departments Concerns: The Departments of Public Works, Community Services, Economic Development and Fire and Building Division have reviewed the proposed code amendment and have no comments. Staff representatives from each department have attended and discussed the concerns raised by the development community at the Developer's Quarterly meetings. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on April 30, 1998 and all interested parties were notified by mail of the Planning Commission hearing. ANALYSIS: As part of the City's commitment to provide development services and a physical environment which responds to the community's residents and businesses in a fiscally responsive manner, the Planning staff annually evaluates various sections of the Huntington Beach Zoning and Subdivision Ordinance. In this particular zoning text amendment, staff is proposing several changes to Chapter 210, Residential Districts. They stem from comments received from developers and architects as well as staff s input based upon daily use of the ZSO. The following is a breakdown of the proposed changes to the Zoning and Subdivision Ordinance (ZSO). A discussion and justification of the proposed changes follow each recommendation. S.210.06 (Ml Delete the requirement for Conditional Use Permits for three (3) story single family homes on lots less than 50 feet wide in the RMH-A subdistrict provided the homes are designed with upper story setbacks. Prior to the adoption of the updated Zoning and Subdivision Ordinance (ZSO) in November of 1994, three story homes and third story decks in the RMH-A subdistrict(previously Oldtown/Townlot Specific Plan) were permitted by building permit(over the counter approval; no public hearing required). In the RL District, a conditional use permit was required for a third story. One objective of the ZSO update was to standardize the review process for all residential districts. As a result, the conditional use permit process for three story single family residences was applied to all residential districts including RMH-A. In 1996,the City initiated quarterly meetings with developers, architects, and downtown builders to discuss concerns relative to the development review process. One issue of concern was the recently adopted conditional use permit requirement for third stories in the RMH-A subdistrict and how the processing time for these applications had often affected the timing on project's construction and financing. They indicated that the prior ordinance (Division 9) did not require conditional use permits for three story homes downtown, and that they would have opposed the new public hearing requirement had they been fully aware. They also indicated that property owners and builders have often settled to build two story homes just to avoid the conditional use permit process. Staff Report—5/26/98 4 (98sr32) Since the ZSO was adopted in 1994,there have been 15 conditional use permit applications for three story homes in the RMH-A subdistrict that have been filed with the City. Of the 15 applications, ten applications have been approved, two have been withdrawn, and three are pending City review. The RMH-A subdistrict is a unique area of the City unlike any other residential area. Lots are smaller, typically 25 feet wide by 115-125 feet in length, with rear alley access. Development is more dense than typical single family tracts consisting of minimum 6000 square foot lots. For these reasons, staff recommends that the RMH-A subdistrict not be subject to the conditional use permit process pertaining to three story single family residences. However, staff recommends that special height setbacks be established to address building bulk and compatibility issues. The proposed standards will continue to restrict the maximum height of structures to 35 feet, with a maximum 25 foot height limit in the front and rear 25 feet of the property. The 25 foot height limit on the front and rear of the property will provide for an upper story setback,preventing the design of a three story facade at the front or rear setback line. Staff recommends the deletion of the conditional use permit requirement after analyzing the issues associated with establishing the requirement over three years ago. It further streamlines the process for building a 3-story house in the downtown area. With most of the adjacent property- owners having supported recent CUP requests, and the compatibility of the three story homes with the existing developments in the district, staff supports the amendment. 5.210.06 (S) Landscaping, Provide option for landscape improvements for single family residences in the RMH-A subdistrict. 5.230.88 A. 1 Permitted Fences and Walls. Require screen walls in the RMH-A subdistrict to be setback three feet from the front property line. 5.230.88 A. 7. d. (2) Retaining Wall Height. Restrict retaining wall heights on the front property line in the RMH-A subdistrict to maximum 18 inches with an option for a second 18 inch high retaining wall provided the wall is setback three (3) feet from the front property line. S. 232.08 B.1 Allow City's Landscape Architect to determine minimum landscape area for required tree. These four provisions pertain to landscaping and wall improvements in the front yard setback. Currently all residential lots in the RMH-A subdistrict as well as other districts in the City are required to landscape a minimum of 40% of the front setback area. For reasons associated with drainage and aesthetics, the existing ordinance precludes paving a large portion of the front setback area. One of the objectives is to provide visible landscaping adjacent to the sidewalk to soften the view of the street scene. Staff Report—5/26/98 5 (98sr32) The concern raised by many of the downtown builders and architects is that the 40%requirement restricts the design of a usable front patio area. They contend that landscaping 40% (120 sq. ft. of a 300 sq. ft. front setback area) of the front setback area is not desirable to new homeowners as many homeowners request a paved patio area be designed in front. Although builders comply by installing the required landscaping, homeowners often replace their landscaping with a paved patio following final building permit approval. The problem with the replacement of the landscaping is that it is often unrecognizable and thereby difficult to enforce. Staff recommends that instead of the requiring 40% of the front setback to be landscaped, offer an option to RMH-A properties to provide a three (3) foot wide landscape planter along the front property line. The standard requirement for a tree in the front yard would still apply. Staff recognizes that most of the homes are designed and constructed at the 12 foot front setback line. In many cases, the required landscaping is provided behind a permitted 42 inch high patio wall not visible from the street. By offering builders and homeowners the option,there would be some landscaping (min. three foot wide planter)visible from the street, improving the overall street scene. (Attachment No. 4) In conjunction with the landscaping option, staff recommends the maximum retaining wall height along the front property line in the RMH-A subdistrict be 18 inches, and that any screen wall (max. 42"high) be setback a minimum of three feet from the front property line (behind required landscape planter). Current code provisions allow a three foot high retaining wall along the front property line. The proposed standard will allow the landscape planter to be visible from the street by restricting the height to a maximum 18 inches above the sidewalk/parkway. On lots with a greater grade differential, staff recommends allowing another maximum 18"high retaining wall provided the wall is setback behind the planter. (see exhibit on next page) In addition, a tree will still be required in front of the single family residence. The area necessary for the required tree will be determined by the City's Landscape Architect. Staff Report—5/26/98 6 (98sr32) Min.3'-0" V Landscaping I Front Building' property line Max.42" I j Patio Nrl Max.36" �-- Retaining Walls Sidewalk/Parkway EXISTING RETAINING WALL RESTRICTION i j Min.3'-0" V V i i Landscaping Front ( Building* property lines Max.42" Patio I I Max. 18" j I Retaining Walls Max. 18" Sidewalk/Parkway 7 iL PROPOSED RETAINING WALL RESTRICTION I Staff Report—5/26/98 7 (98sr32) S. 210.04 Land Use Controls Table. Allow Horticulture/Nursery uses in all residential zones with approval of a Conditional Use Permit by the Zoning Administrator. Horticulture and nursery uses are not addressed in the current Residential District Chapter of the ZSO. Prior to November 1994, horticultural and nursery uses were permitted in all residential districts with the approval of a conditional use permit by the Zoning Administrator. Horticultural/nursery uses were inadvertently omitted when the ZSO was adopted. The majority of the established nurseries are already located in residential zones, including areas within the Edison Company easements. In addition, most of the potential sites for these types of uses remain residentially zoned. By requiring a conditional use permit,the City conducts a thorough review of each request, and ensures that proper notification and input is received by surrounding property owners prior to the establishing the horticulture/nursery use. Therefore, staff recommends amending the ZSO to allow horticulture/nursery uses in residential zones with the approval of a conditional use permit by the Zoning Administrator. S. 210.04 Land Use Controls Table. Allow Clubs and Lodges in all residential zones with approval of a Conditional Use Permit by the Zoning Administrator. Clubs and lodges are currently permitted in the Residential Manufactured Home Park(RMP) District, and permitted by Conditional Use Permit in the Residential Medium High(RMH) and Residential High (RH) Density Districts. They are currently prohibited in the Residential Low Density (RL) and Residential Medium Density (RM) Districts. Staff recommends clubs and lodges be permitted in all residential districts, including RL and RM Districts, with the approval of a conditional use permit by the Zoning Administrator. Many clubs and lodges have previously been established in residential zones with little or no impacts to surrounding properties. For example,the Huntington Beach Boys and Girls Club, approved in 1990, is located in the RM District. The conditional use permit process will include the review and analysis of each project,proper public notification, and if approved, specific conditions to minimize impacts resulting from the project. S. 210. 06 and S. 230.88. Provide diagrams to help clarify certain provisions that have often been misinterpreted, including garage setback,turning radius, upper story setback, and retaining wall height. Diagrams for garage setback and turning radius, upper story setback for single family residences on lots less than 50 feet wide in the RMH-A subdistrict, and retaining wall height have been included in their respective Chapters to assist in interpreting specific code provisions in the ZSO. Staff Report—5/26/98 8 (98sr32) S. 241.04 Planning Commission and Zoning Administrator Authority. Allow Zoning Administrator to act on variances not exceeding a ten (10) percent deviation to height, parking, and landscaping standards. The ZSO currently allows the Zoning Administrator to act on variances to setbacks, site coverage, and separation between buildings provided requests do not exceed a ten(10)percent deviation to the code requirement. All other variances are reviewed by the Planning Commission. Staff recommends that the list of variance types reviewed by the Zoning Administrator be increased to include height, parking and landscaping deviations not exceeding 10% of the code requirement. At the developer's quarterly meeting, representatives from the development community indicated that the processing time for a variance to the Planning Commission has increased over the years which has often jeopardized the financing or sale of a project. Builders and architects support the recommendation to have the Zoning Administrator review the more "minor"variance requests understanding that the Planning Commission would review all appeals. For example, staff supports authorizing the Zoning Administrator to act on requests to exceed the maximum height limit of 35 feet by up to 10% (3'-6"). Requests for height variances greater than 10% (38'-6") would require Planning Commission review. Note that any request exceeding the 35 foot height limit will still require a variance, consisting of public notification and a public hearing. Standard appeal procedures would allow any aggrieved parry to appeal the Zoning Administrator's action to the Planning Commission within ten(10) days. The reason for supporting this proposal is to reduce the processing time for minor variance requests, whether it involves deviations to setbacks, height or parking. Since Planning Commission applications are usually more complex and involve written staff reports,they generally take a longer period to process than Zoning Administrator items. Furthermore,the Zoning Administrator meets on a weekly basis, while the Planning Commission regularly meets twice a month. Staff Report—5/26/98 9 (98sr32) SUMMARY: Staff recommends the Planning Commission approve Zoning Text Amendment No. 97-1 based on the following reasons: • The proposed zoning text amendment provides specific standards and procedures for single family residential developments consistent with existing development in the RMH-A subdistrict. • The amendment will reduce discretionary permit processing times for three story single family residential proposals in the RMH-A subdistrict. • The new zoning provisions will not adversely impact the City's review and public hearing process. • The proposed modifications are consistent with the goals and policies specified in the Land Use and Economic Development Elements of the General Plan. The City Council policy to distribute Legislative Drafts to Council members and interested parties a fall month in advance of the Council meeting will be adhered to. ATTACHMENTS: 1. rVingiffes ---I 2. 171 e 3. 1 -00-6- - ------ 4. -Ffflkiw*@e SH:WC:kjl Staff Report—5/26/98 10 (98sr32) ATTACHMENT 7 • DRAFT ORDINANCE • RL, RM, RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) (3334) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D) 2 - 4 units ZA P P - 5 - 9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P) Public and Semipublic (A)(0) Clubs& Lodges ZA ZA ZA ZA Day Care, Large-family ZA ZA ZA ZA Day Care, General L-1 ZA ZA ZA Park& Recreation Facilities L-2 L-2 L-2 L-2 Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC Residential Care, General - L-1 PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(1)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 5/15/98 0 DRAFT ORDINANCE Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width(ft.) 60 60 25 60 60 N/A Cul de sac frontage 45 45 - 45 45 N/A Minimum Setbacks (D)(R) Front (ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) Rear(ft.) 10 10 7.5 10 10 - (I)(J) Accessory Structure (U) Garage (K) Projections into Setbacks (L)(R) Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (M) Accessory Structures 15 15 15 15 15 15 (M)(R) Maximum Floor Area - - 1.0 - - - Ratio (FAR) Minimum Lot Area per 6,000 2,904 * 1,742 1,244 - Dwelling Unit (sq. ft.) Maximum Lot 50 50 50 50 50 75 (V) Coverage (%) Minimum Floor Area (N) Minimum Usable Open Space (0) Courts (P) Accessibility within Dwellings (Q) Waterfront Lots (R) Landscaping See Chapter 232 (S) Fences and Walls See Section 230.88 Lighting (T) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 * Lots 50 feet or less in width= 1 unit per 25 feet of frontage; Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A=Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-6 5/15/98 • DRAFT ORDINANCE • RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. (M) Height Requirements. See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (c) Maximum building height for Main Dwellings shall be thirty-five (35) feet; however, Main Dwellings exceeding thirty (30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (Note:Not certified by the California Coastal Commission;however, these provisions are in effect and will be enforced by the City of Huntington Beach.)(3268-12/94)(3334) (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are setback five (5) feet from the building exterior and do not exceed the height limits as stated above. (2) Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-11 5/15/98 • DRAFT ORDINANCE • RL,RM,RMH, RH, and RMP Districts: Additional Development Standards Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the building exterior roof volume • accessed from within the main dwelling • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-12 5/15/98 • DRAFT ORDINANCE • Front Property i Line i 35, I I i 25 maximum i maximum height in the height at top 25' front and rear 25' 25, of roof of the lot Street I I Rear j 25' 25' Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (d) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3) Accessory Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection (R) (4) Recreation Buildings: The maximum height of a recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit. (N) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-13 5/15/98 • DRAFT ORDINANCE • RL, RM,RMH, RH, and RMP Districts: Additional Development Standards (T) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (U) See Section 230.08: Accessory Structures (V) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage. Open lattice patio covers are exempted from site coverage standards. 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Residential Projects that may be permitted by the Planning Commission. A. Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet. B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. C. Minimum Distance between Buildings. Minimum building separation shall be-10 feet. D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. E. Open Space Requirements. 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with minimum dimensions of 6 feet. 2. Common Open Space: A minimum of 2,500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50. 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-19 5/15/98 • DRAFT ORDINANCE • 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding ten percent deviation from site coverage, separation between buildings, height, setback, parking, and landscape requirements. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-2 5/15/98 ATTACHMENT 8 r LEGISLATIVE DRAFT • RL, RM,RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) (3334) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D) 2 - 4 units ZA P P — ( � 5 - 9 units ZA ZA ZA 10 or more units PC PC PC Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(A44(Q}(P) Public and Semipublic (A)(P4(0) Clubs & Lodges ZA ZA ZA ZA Day Care, Large-family ZA ZA ZA ZA Day Care, General L-1 ZA ZA ZA Park& Recreation Facilities L-24- L-24- L-24- L-24- Public Safety Facilities PC PC PC PC Religious Assembly L-3-2 PC PC PC Residential Care, General - L-1 PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-44 - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P (9}(N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 5/15/98 LEGISLATIVE DRAFT Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width(ft.) 60 60 25 60 60 N/A Cul de sac frontage 45 45 - 45 45 N/A Minimum Setbacks (D) (R) Front (ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) Rear (ft.) 10 10 7.5 10 10 - (I)(J) Garage (K) Accessory Structure BUJ Projections into �L� (R) Setbacks Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (M) Accessory Structures 15 15 15 15 15 15 (M) (R) Maximum Floor Area - - 1.0 - - - Ratio (FAR) Minimum Lot Area per 69000 2,904 * 1,742 1,244 - Dwelling Unit (sq. ft.) Maximum Lot 50 50 50 50 50 75 (V) Coverage (%) Minimum Floor Area (N) Minimum Open Space (0) Courts (P Accessibility within Dwellings Waterfront Lots (R) Landscaping See Chapter 232 (S) Fences and Walls See Section 230.88 Lighting (T) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 * Lots 50 feet or less in width= 1 unit per 25 feet of frontage; Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A = Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-6 5/15/98 • LEGISLATIVE DRAFT 0 RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) (Previously Sec. D) See Section 230.68: Building Projections into Yards. (2) (Previously Sec. P) 1:2.,1.antes and Bay Windows. Balconies and bay windows may project into required setbacks yaf&and usable open space areas subject to Section 230.68, aad provided that the fellw 4i4g 1in4 ttegieas 1`balconies shah have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks 3` • (M) (Previously Sec. L) Height Requirements. (Previously Sec. L(1)) See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. ,od ,1;,.0,.+1„ b,ol,..,, (Moved to Sec. M(3)(a)) Use Po,.,,,:+by the Zoning n E1fni,;s+,..,+,.,.. (Moved to Sec. M(2)(b)) (4 1 4.,l„+.,1,to ., o 61,,,a;«g . top deeks a«.a b 1.eaies above+l,o sa ,•.,1 stef.,top n d,«;«;s+,-.,+.,, 41 toe r^11,,wifI. 4fn4at «s: (Moved to Sec. M(2)(c)) !1\ Tb,o b,,,;ld;« 14@igh, shall not o ood the,« «, l,a;,*t,+1;„•,;+� (2) 14-ah-4-a We,-ar-ea . . . (Moved to Sec. M(2)(c)) (3) &;terrierr srtairrv:ays . . . (4) Are-------I.:-- -habitable area above t4e weefid stafy tap plate line s4all be .+FO*ided f., ,;+b,;,; the A-4a;« Tl„oll; ,,d shall b,o g+o«+, .;+b, ,4+o,.»1 frlrccizrkt 9 �D, ,.; ,. 1,. T/1 1�1!?1 1.,,,. •1 Exte ; .r +, «..,,,,� l,o+,,,00« t14 „ 1 f o@--Mad ., b,.,b,;+.,b,lo mva ab w'ka+t,o_es,« a s+,, Plate 1;«0 Sb,Al he pr-e«efty (4 „+ to b ayelk «d s do_+o_aide)t4a* 04RI,,tLtA ,•olationship of iaae , lo„ol ; Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-12 5/15/98 • LEGISLATIVE DRAFT RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (a) (Previously Sec. L(1)(a)) Second story top plate height shall not exceed twenty-five (25)feet above measured from the top of the subfloor/slab mfaesu*ed directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (Copied from (M)(1)) (c) (Previously Sec. L(1)(c)) Maximum building height for Main Dwellings shall be thirty-five (35) feet; however, Main Dwellings exceeding thirty (30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (Note: Not certified by the California Coastal Commission;however, these provisions are in effect and will be enforced by the City of Huntington Beach.)(3268-12/94)(3334) (d) (Previously Sec. L(1)(d)) Habitable area, which includes iReIlAdifig rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. witi, the fallowing limiti ions- (24 Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (1) (}) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are setback five (5) feet from the building exterior and do not exceed the height limits as stated above. (2) (4) Windows and deck areas above the second story plate line shall orient onto open e*to public rights-of-way only. Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the building exterior roof volume � ! • accessed from within T. the main dwelling • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-13 5/15/98 • LEGISLATIVE DRAFT RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (e) (4}Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. (Previously L(1)(c)(3) above.) Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (0) To deter-mine , plimee .;+1+ this Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (a) (Previously Sec. L(1)(a)) Second story top plate height shall not exceed twenty-five (25) feet;fie measured from the top of the subfloor/slab mewed directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (Copied from (M)(1)) (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. Front Property i Line i 35' i 25 maximum i maximum height in the height at top 25' front and rear 25' 25' of roof i of the lot i Street i I Rear 25' 25' Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-14 5/I5/98 • LEGISLATIVE DRAFT• RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (d) (+Access to any habitable area above the second story top plate line shall be provided €t=efa within the Main Dwelling and shall be consistent with internal circulation. (Previously L(1)(c)(3) above.) Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (0) T^ detef ffli e eamplimeta. with this .,ubsee4w; Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (4) (24 Accesso1y Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection (5) (4} Recreation Buildings: The maximum height of a recreation building for multi-family, planned residential, and mobilehome park projects shall be established by the conditional use permit. (N) (Previously Sec. M) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. —geut4s-Oppssitea A -S (Moved to Sec. P) (0) Open Space Requirements. (1) The minimum usable open space area (private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 24 per-eent 25% of the residential floor area per unit (excluding garages). The s I 1 90 ,.A,V.maf . pa4ien-er all of 4;_@ 11s1a131@ apen spare sha11 be-pzii te; ath@,,..i ;+ (Moved to (3)(c)). (2) 04 Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-15 5/15/98 * LEGISLATIVE DRAFT • RL,RM,RMH, RH, and RMP Districts: Additional Development Standards (T)�R4(Previously Sec. S) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (U) qE-setb (Moved to Sec. K) See Section 230.08: Accessory Structures (V) ter-A Ciao Ar Rear-Vara (Moved to Sec. J) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage. Open lattice patio covers are exempted from site coverage standards. 210.08 Development Standards for Senior Projects This section establishes development standards for toe Senior Residential Projects that may be permitted by the Planning Commission f-r*he ar-A se oside,at i eet A. Minimum Floor Area i3er-Pwelliae T *4 Each dwelling unit shall have a minimum floor area of 450 square feet. B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. C. Minimum Distance between Buildings. Minimum building separation shall be 10 feet. D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. E. Open Space Requirements. 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with a-6- feet minimum dimensions of 6 feet. 2. Common Qj2en Space: A minimum of 2,500 square feet for the first 50 units, and an additional p4F,50 square feet for each unit over 50. 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of w44 minimum of 400 square feet, may satisfy pr-evide up to 50 pel`seet 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-21 5/15/98 • LEGISLATIVE DRAFT r 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding ten percent deviation from site coverage, separation between buildings, height, an4 setback, parking and landscape requirements. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-2 5/15/98 ATTACHMENT 9 i • ATTACHMENT NO. 9 FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 97-1 FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 97-1: 1. Zoning Text Amendment No. 97-1 is consistent with the goals and policies contained in the City's General Plan. The amendment is consistent with the objectives, policies, general land uses and programs specified in the Land Use and Economic Development Elements of the General Plan, including the requirement that development be designed to account for the unique characteristics of project sites and objectives for community character. The proposed code amendment will provide specific development standards for residential developments including specific provisions for single family residences on smaller lots in the RMH-A subdistrict. In addition,the amendment will reduce discretionary permit processing times for three story single family residential proposals in the RMH-A subdistrict. 2. In the case of a general land use provision,the change proposed is compatible with the uses authorized in, and the standards prescribed for,the zoning district for which it is proposed. The proposed amendment addresses all residential districts, including specific development standards and permit requirements for single family residential projects in the RMH-A subdistrict. Furthermore, the amendment will allow for clubs, lodges, horticulture and nursery uses in all residential districts with conditional use permit approval. 3. A community need is demonstrated for the change proposed. The City Council and Planning Commission have recognized the demand to reduce all discretionary permit and licensing processing times, without jeopardizing the City's review and public hearing process. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The amendment will eliminate the requirement for conditional use permits, while protecting the general welfare of persons working and residing in the City. I 0 i RCA ROUTING SHEET INITIATING DEPARTMENT: Community Development SUBJECT: Zoning Text Amendment No. 97-1 COUNCIL MEETING DATE: January 19, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Attached Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( a✓� ) City Clerk ( ) -`EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author: MF:HZ:SH:WC:kl PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. PUBLIC NOTICE County of Orange ) PUBLIC BEFORE THE CITY COUNCIL OF THE I am a Citizen of the United States and a °�OF HaTOH BEACH H resident of the County aforesaid; I am NOTICE IS HEREBY GNEN that on Tuesday, over the age of eighteen years and not a (January 19, 1sss, at Council PM In the City Council � Chambers, 2000 Main party to or interested in the below unt) gton Beach, the Street, H City Council will hold a .public hearing on the fol- entitled matter. I am a principal clerk ofowlng.ftem: . the HUNTINGTON BEACH INDEPENDENT, a MEW N TEXT AMEND- MENT NO.97-1 ESIDEN- newspa er of general circulation, printed c A�fHEVEt P Basra: P CRY of Huntington Beach Applicant: and published in the City of Huntington Request: si approve a comprehensive amendment Beach, County of Orange, State of �ge�d Subdivision s-Beach r- dinar"-addressing real- California, and that attached Notice is a dermal tfh*W viandards. true and complete copy as was printed Location: W-wwide Project Plarmer:W Carvaftno. NOTICE. t8_HERE8V and published in the Huntington Beach Is categorically do aboveex mpt Is categorically exempt and Fountain Valley issues of said fr°`n ti1e�°�t� California Environmental newspaper to wit the issues) of: nL A of the proposed request Is on file In the Planrlka Depart- ment, 2000 Mainstreet, Hur ngtort-Beach. Galifor- nla _ for Inspection by the public,A copy of the staff repo. wi8. be January 7 , 1999 - es ab'acltyt°for the City ubrary (7111 Talbert 9 after January 14, ALL INTERESTED PER I declare under anal ofperjury, that sows are ng invited to attend penalty oo nI�s or n*e� the foregoing is true and correct. dense fir against the application as outlined. above M you ohNlenge the Ctty Cotrndl's action In to r ailyw Executed on you _or someone else January 7 , 19 9�_ raised at the pmc hearing described 4n this,nolkx,or at Costa Mesa, California. wrltlsn. pdellvseedtpo tlw or s plefte call the Ianntn! Ds�llrtmerlt at 1538�627i and rifar to:the above Main. DkW your Written to /�_ �G` /� I CannN�Rrooloronr. Signature 2W w.e., c (714)9204M . Published .-Huntington Beach-Founldrk VOW Im dependent January 7, 1999. 011-404 PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. PUBLIC NOTICE NOTICE OF County of Orange ) PUBLICHEARINO BEFORE THE.CITY COUNCIL OF THE CITY OF I am a Citizen of the United States and a HUNTINdTONBEACH NOTICE IS HEREBY resident of the County aforesaid; I am GIVEN that on Tuesday, � January 99•19, 19, at 7:00 over the age of eighteen years and not a in the Cny2000 Co Main� Chambers, ln party to or interested in the below uncil h ity I W I ad entitled matter. I am a principal clerk of plc hearing on the fol- lowinngg-item: ZONING TEXT AMEND- the HUNTINGTON BEACH INDEPENDENT, a MENT NO.97-1 (RESIDEN- TIAL DEVELOPMENT newspaper of general circulation, printed STANDARDS): on Applicant: and published in the City of Huntington Request: T'�""apapprove a comp ehenalve amendment Beach, County of Orange, State of t�in9-�u��sion Or- din ance addressing resl- California, and that attached Notice is a dental dlsa%l standards. Location: City-wide Project true and complete copy as was printed Pam► waynscaVamo. NOTICE t$ HEREBY and published in the Huntington Beach Is ca '�"'a'b°ee r s categorically exempmpt; from the previsions of the and Fountain Valley Issues of said California Environmental newspaper to wit the issue(s) of: ONNFILE A copy of.thei proposed request to on file In the Plop Depart- ment, ZOOp Main- Street, Huntington,Beach, Califor- nia 9260, for Inspppepcytion the staff �I of ow w(II be January 7, 1999 - ties City NO or ure Cny Ubrl (7111 Talbert Avenue} after January 14, 1999. ALL INTERESTED PER- SONS are Invited to attend I declare, under penalty of perjury, that ��hearing mPr� the foregoing is true and correct. ��� for a against the g g appltCation as outlined above.N you d�allenge the City Cetxroll's action In court, you .may be lkrAW to raising*nly tho"4ssuse Executed on you or someone also January 7 , 19 9 1_ raised at the pubft hearing at Costa Mesa, California. - ' delivered m Ifis at, or prior to,tha;prfbflg M thers art .arry turtf+er PI een m nt. at r�eaz7 and.rater to the atiove w Ulm MT5- .Your / the Clly Cluk. Signature MNNdnfk"% � aw ,Per CoWwWW.92848, (7114)53841227 Published :Huntington Seach-Fountaht Valley In- dependent January 7, 1999. 011-404 L � D D D MEETING DATE: January 19, 1998 DEPARTMENT SUBJECT: REQUESTING: Community Development Zoning Text Amendment#97-1 -Amending City-Wide Standards TODAY'S DATE December 29, 1998 i VERIFIED BY ADMININSTRATION: APPROVED BY: • Ray Silver City Administrator ileremher'79 199R 2 T7 PM NOTICE OF PUBLIC HEARING m4 i'l d a f --7 BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, January 19, 1999, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the following item: ❑ ZONING TEXT AMENDMENT NO. 97-1 (RESIDENTIAL DEVELOPMENT STANDARDS): Applicant: City of Huntington beach Request: To approve a comprehensive amendment to the Huntington Beach Zoning and Subdivision Ordinance addressing residential district standards. Location: City-wide Project Planner: Wayne Carvalho NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library(7111 Talbert Avenue)after January 14, 1999, ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 PL),b 11 sh 1 - 7 - 99 (g:legals:counci1:99CC0119) CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: 20 N I NIEy ?SXT A w MDM0,-rr No. 2-7- 1 DEPARTMENT: PLAN N (tJ q MEETING DATE: '9 CONTACT: W AWF- CA PV A L f fo PHONE: y'59 S-F N/A YES Is the notice attached? ( ) ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ) Are the date, day and time of the public hearing correct? ( ) ( ) If an appeal, is the appellant's name included in the notice? ( ) ( ) If Coastal Development Permit, does the notice include appeal language? ( ) ( ) Is there an Environmental Status to be approved by Council? ( ) ( ) Is a map attached for publication? ( ) ( ) ( Is a larger ad required? Size ( ) ( ) Is the verifi7FF ed-�nd�cating the source and accuracy of the mailing list /) 7 ( ) ( ) Are the applicant's name and address part of the mailing labels? G►"r'� IS A- UC -4 ( ) ( ) Are the appellant's name and address part of the mailing labels? ( ) ( ) If Coastal Development Permit, is the Coastal Commission part of the mailing labels? ( ) ( ) If Coastal Development Permit,are the resident labels attached? Is the Report 33433 attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date 10 2. Number of times to be published 3. Number of days between publications— ZA 21 PUBLI40EARING NOTIFICATION CHECKLID "B" MAILING LABELS - December 29, 1998 President 1 Huntington Harbor POA 10 FANS 16 H.B. Chamber of Commerce P. O. Box 791 Carol ' 2210 Main Street,Suite 200 Sunset Beach,CA 90742 ox 5458 Huntington Beach,CA 92648 untington Beach,CA 92646 Judy Legan 2 \C%illiam D. Holman 11 Sue Johnson 16 Orange Counts Assoc. of Realtors PLC 19671 Quiet Ba 25552 La Paz Road 23 Corporate Plaza,Suite 250 Huntin each,CA 92648 Laguna Hills,CA 92653 Newport Beach CA 92660-7912 President 3 \1r.Tom Zanic 2 Edna Littlebury Amigos D ca New Urban West Gldn St. Mob. Hm. O • eag. I? x 3748 520 Broadw 00 11021 Magn ' untington Beach,CA 92605 Sant ica,CA 90401 Gar ove,CA 92642 Sunset Beach Communist-A Pres.,H.B. Hist. Society- 13 Pacific Coast Archaeological Pat Thies,Presiden C/O Newland Ho sum Society,Inc. PO Box 2 19820 Bea P.O.�BoxlOS each,CA 90742-0215 H on Beach,CA 92648 CoA 92627 A tn:Jane Gothold President 5 Chairperson County of Orange/EMA Huntington Beach Tomorrow Historical Resources B Michael M. Ruane,D' PO Box 865 Comm. Senlic P.O. Box 40 Huntington Beach,CA 92648 2000\- San A 92702-4048 H ngton Beach,CA 92648 Julie Vandermost G Council on Aging o County of Orange/E\iA BIA-OC 1706 Orange Ave. Thomas Mathews 9 Executive Circle #100 Huntingto ,CA 92648 P. O. Box 404 Irvine Ca 92714-6734 Santa 92702-4048 Richard Spicer - Jeff Metzel 16 Planning Department 19 SCAG Seacliff HOA Orange County EMA 818 `Vest 7 Floor 19391 Shady Harbor Circle P. O. Box 4048 Los es,CA 90017 Huntington Beach,CA 92648 Santa 92702-4-48 E.T.I.Corral 100 John Roe 16 County of Orange/E\LA 19 Mary Bell Seacliff HOA Tim Miller 20292 Eastw r. 19382 Surfdale Lane P.O. Box 4 Hun " n each,CA 92646 Huntington Beach,C A 92648 S ,CA 92702-4048 John Scandura 9 Lou Mannone 16 Planning Dir. Environmental Board Chairman Seacliff HOA City of Costa Mesa 17492 Valeworth Circle 19821 Ocean Bluff Circle P. O. Box 1 Huntington Beach,CA 92649 Huntington Beach CA 92648 esa,CA 92628-1200 g:labels\phnlbls •r' PUBLIC HEARING NOTIFICATION CHECKLIST "B" MAILING LABELS - December 29, 1998 Planning Dir. 21 Dr. Duane Dishno 29 Country View Estates 37 City of Fountain ' HB City El Is school Dist. Carrie Thomas 10200 S ve. PO 6642 rive F n Valley,CA 92708 Huntington Beach.CA 92626 ntington Beach CA 92648 Planning Director 22 Jerry Buchanan 29 Country View Estates HO' 37 City of We7mninste HB City Element - of Dist. Gerald Chapman 8200 Wes r Blvd. 20451 Crai e 6742 Shir e nster,CA 92683 on Beach,C_-192648 gton Beach CA 92648 Planning Director 23 James Jones HB Hamptons HOA 37 City of Seal Beac Ocean View Elementa • Keystone Pacific . ;1angmt. Inc. 211 Ei School district 4100�- ace,Suite 350 each,CA 90740 17200 rst Lane a 92660 H ngton Beach CA 92647 California Coastal Commission 24 Ron Frazier Sall Graham 38 Theresa Henry Westminster School Dist Meadowlark Are South Coast Area Office 14121 Cedarwoo ue 5161 Ge ircle 200 Oceangate, loth Floor k'Vestmi 92683 gton Beach,CA 92649 Long Beach,CA 92802-4302 California Coastal Commission 24 Patricia Koch 32 Cheryle Browning South Coast Area Office HB Union High isrict 144eadowlark 200 Oceangate, loth Floor 10251 Y n Avenue 16771 velt Lane Long Beach,CA 92802-4302 gton Beach,CA 92646 ngton Beach,CA 92649 Robert Joseph 25 CSA 3 Koll Company 39 Caltrans�St 730 El Camino%l-av# 4343 Von Karman 2501 PuTustin,CA 92 Newport Beach,CA 92666 Santa_ Director 26 Goldenwest College Bolsa Chica Land Trust Local Solid Waste En£ A Attn: Fred Owens Nancy Donovan,P O.C. Health Care i 15744 Goldenwest 4831 Los P P.O. Box Huntingt0 CA 92647 Hu n Beach,CA 92649 a,CA 92702 NLHunhfin Growth Coordinator 27 OC County Harbors,Beach SEHBNA ngton Beach Pos e and Parks Dept. 22031 Capistrano Lane Warner P. O.Box 4048 Huntington A 92646-8309 each,CA 92647 Sant�Ana 02 4048 >17? Street 28 Huntington Beach Mall ey Attn:Pat Rogers-L o District 7777 Edin e. ;=300 on Beach C_-192647 ey CA 92708 g:labels\phnlbls PUBLIAARING NOTIFICATION CHECKLIST"B" MAILING LABELS - December 29, 1998 Planning Dir. 21 Dr. Duane Dishno 29 Coun�-� as Estates 37 City of Fountain HB City Ele chool Dist. Carrie10200 S ve. PO 6642rive F n Valley,CA 92708 Huntington Beach,CA 92626 ntington Beach CA 92648 Planning Director 22 Jerry Buchanan 29 Country View Estates HO- 37 City of Westminste HB City Elementa of Dist. Gerald Chapman 8200 Wes r Blvd. 20451 Crai e 6742 Shir e nster,CA 92683 on Beach,CA 92648 gton Beach CA 92648 Planning Director 23 James Jones HB Hamptons HOA 37 City of Seal Beac Ocean View Element Keystone Pacific angmt. Inc. 211 Ei School district 4100 Ne ace,Suite 350 each,CA 90740 17200 rst Lane rt Beach,Ca 92660 H ngton Beach CA 92647 000 Ron Frazier Sally Graham 38 �X'estminster School Dist Meadowlark Are 14121 Cedarwoo ue 5161 Ge ircle Westmi 92683 gton Beach,CA 92649 Patricia Koch 32 Cheryle Browning HB Union High isrict Meadowlark 10251 Y n Avenue 16771 welt Lane woogton Beach,CA 92646 ngton Beach,CA 92649 Robert Joseph 25 CSA 3 Koll Company 39 Caltrans District 12 730 El Camino'Wav 4343 Von Karman 2501 Pullman S Tustin,CA 92 Newport Beach,CA 92666 Santa_ 92705 Director 26 Goldenwest College Bolsa Chica Land Trust Local Solid Waste En£ A Attn: Fred Owens Nancy Donovan,P O.C. Health Care 15744 Goldenwest 4831 Los P P.O. Box Huntingto CA 92647 Hu n Beach,CA 92649 a,CA 92702 New Growth Coordinator �►27 OC Countv Harbors,Beach SEHBNA Huntington Beach Pos and Parks Dept. 22031 Capistrano Lane 6771 �Y/arner P. O. Box 4048 Huntington 92646-8309 Hunh each,CA 92647 Santa Ana 02-4048 >17Street 28 Huntington Beach\"Iall ley Attn: Pat Rogers-L o District 7777 Edi e. #300 on Beach CA 92647 ley CA 92708 g:labels\phnlbls PUBLIAARING NOTIFICATION CHECKLIP"B" MAILING LABELS - December 29, 1998 FANS 16 Carol ox 5458 untington Beach,CA 92646 Sue Johnson 16 19671 Quiet Ba r Huntin each,CA 92648 President 3 Mr.Tom Zanic 2 >LittflIeburyAmigos D ica New Urban West m. O ag. P x3748 520 Broadw 00 11111111 untington Beach,CA 92605 Sant ica,CA 90401 CA 92642 Sunset Beach Community A Pres.,H.B. Hist. Society 13 Pacific Coast Archaeological Pat Thies,Presiden C/O Newland Ho seum Society,Inc. PO Box 2 19820 Bea P.O. Box 10 S each,CA 90742-0215 H on Beach,CA 92648 Co a,CA 92627 A :Jane Gothold Chairperson Counts,of Orange/EM A Historical Resources B Michael M. Ruane,D' Comm. Senic P.O. Box 40 2000 ti San A 92702-4048 H ' on Beach,CA 92648 Council on Aging County of Orange/E1'v1 A 1706 Orange Ave. Thomas Mathews Huntingto CA 92648 P. O. Box 404 Santa 92702-4048 Richard Spicer 7 Planning Department 19 SCAG Orange County EMMA 818 West 7 Floor P. O. Box 404 Los es,CA 90017 Santa 92702-4-48 E.T.I. Corral 100 County of Orange/EMA 19 Mary Bell Tim Miller 20292 East, T. P.O. Box 4 Hu each,CA 92646 S ,CA 92702-4048 Planning Dir. City of Costa Mesa f.. P. O. Box 1 esa,CA 92628-1200 g:labels\phnlbls Tom Mitchell Buck Bennett Tom Reilly William Lyon Homes Sea Country Homes Reilly Homes 4490 Von Karman Avenue 3 Corporate Plaza Drive Suite 100 23 Corporate Plaza Drive Suite 245 Newport Beach, CA 92660-2000 Newport Beach, CA 92660 Newport Beach, CA 92660 Hal Woods Arthur F. Kent Mark Jacobs The Woods Group Kent Architects Heritage Communities 3500-B W. Lake Center Drive 325 A 2nd Street 5620 E. Santiago Canyon Road Santa Ana, CA 92704 Huntington Beach, CA 92648 Orange, CA 92869 Mike Tekstra Zack Lindborg Lenny Lindborg 31 Echo Run 124 Promontory Drive East 24 N. La Senda Irvine, CA 92614 Newport Beach, CA 92660 Laguna Beach, CA 92677 Dave Oddo James D. Glenn Bart DeBoe 815 Main Street PO Box 2105 7285 Murdy Circle Huntington Beach, CA 92648 Huntington Beach, CA 92647 Huntington Beach, Ca 92648 Thorn Jacobs Thomas Conlon Mike Taylor 201 Alabama Street O'Conallain and Associates P.O. Box 618 Huntington Beach, CA 92648 500 Pacific Lumber Camp Road Huntington Beach, CA 92648 Eureka, CA 95503-9518 Melanie Fallon Howard Zelefsky City Council (7) Planning Commissioners (7) Michael Dolder Robert Beardsley Ray Silver Daryl Smith Scott Hess Ross Cranmer Dave Webb Wayne Carvalho Mike Strange Paul D"Alessandro Khanh Nguyen Duane Olson Bob Eichblatt Rick Amadril Bill Grove G:\carvalho\dtdev\labels DEVELOPERS/ARCHITECTS 12/98 Dick and Kelly Kelter Duf Sfreddo Bob Corona 119-22"" Street Southridge Homes Seactiff Development Co. Huntington Beach, CA 92648 18281 Gothard Street, Suite 201 P.O. Box 269 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Kaz Begovich Bill Vogt Louie Hernandez Begovich& Haug Architects Vogt Development Louie Group 3821 Long Beach Blvd. Suite 201 19432 Pompano Lane#112 19312 Harding Lane Long Beach, CA 90807 Huntington Beach, CA 92648 Huntington Beach, CA 92646 Tim Roberts Vince Mola Dick Harlow TNR Development Corp. TNR Development Corp. Harlow& Associates 130 McCormick Avenue, Suite 104 130 McCormick Avenue, Suite 104 211 B Main Street Costa Mesa, CA 92626 Costa Mesa, CA 92626 Huntington Beach, CA 92648 Bijan Sassounian Kirk Evans Robert Ferguson Parkside Classics Centerstone Development Co. Sea Ridge Development 16373 Bolsa Chica Street 3500 B Westlake Center Drive P.O. Box B I Iuntington Beach. CA 92649 Santa Ana, CA 92704 Huntington Beach, CA 92648 Rick Wood Doug Woodward Robert Rann Greystone Homes Greystone Homes Gray & Rann 7 Upper Newport Plaza 7 Upper Newport Plaza 5160 Birch Street, Suite 200 Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 Mike Kaser Tom Zanic Eric Zehnder Kaser Construction New Urban West Communities "Zehnder Construction 5942 Edinger No. 1 B 520 Broadway, Suite 100 6776 Findley Circle Huntington Beach. CA 92649 Santa Monica, CA 90401 Huntington Beach, CA 92648 Rick Hauser Steve Shepard Bill Holman Polygon Communities Polygon Communities PLC 15751 Rockfield Blvd., Suite 120 15751 Rockfield Blvd., Suite 120 23 Corporate Plaza, Suite 250 Irvine, CA 92718 Irvine, CA 92718 Newport Beach, CA 92660 Scott Minami Mike Adams Jeff Bergsma Presley Companies PO Box 382 'Team Design 19 Corporate Plaza, Huntington Beach, CA 92648 215 Main Street, Suite A Newport Beach. CA 92660 Huntington Beach, CA 92648 Jonathan M. Jaffe Tom Redwitz Ronald Metzler Lennar Homes of California, Inc. Taylor Woodrow Homes, Ltd. Shea Homes 24800 Chrisanta Drive#200 24461 Ridge Route Dr. 655 Brea Canyon Road Mission Viejo, CA 92691-4819 Laguna Hills, CA 92653-1686 Walnut, CA 91788-0487 G:\carvalho\dtdev\labels /1�s Tom Mitchell Buck Bennett Tom Reilly William Lyon Homes Sea Country Homes Reilly Homes 4490 Von Karman Avenue 3 Corporate Plaza Drive Suite 100 23 Corporate Plaza Drive Suite 245 Newport Beach, CA 92660-2000 Newport Beach, CA 92660 Newport Beach, CA 92660 Hal Woods Arthur F. Kent Mark Jacobs The Woods Group Kent Architects Heritage Communities 3500-B W. Lake Center Drive 325 A 2nd Street 5620 E. Santiago Canyon Road Santa Ana, CA 92704 Huntington Beach, CA 92648 Orange, CA 92869 Mike Tekstra " Zack Lindborg Lenny Lindborg 31 Echo Run 124 Promontory Drive East 24 N. La Senda Irvine, CA 92614 Newport Beach, CA 92660 Laguna Beach, CA 92677 Dave Oddo James D. Glenn Bart DeBoe 815 Main Street PO Box 2105 7285 Murdy Circle Huntington Beach, CA 92648 Huntington Beach, CA 926 Huntington Beach, Ca 92648 Thom Jacobs Thomas Conlon Mike Taylor 201 Alabama Street O'Conallain and Associates P.O. Box 618 Huntington Beach, CA 92648 500 Pacific Lumber Camp Road Huntington Beach, CA 92648 Eureka, CA 95503-9518 t G:\carvalho\dtdev\labels J. • . DEVELOPERS/ARCHITECTS 12/98 Dick and Kelly Kelter Duf Sfreddo Bob Corona 119-22"d Street Southridge Homes Seacliff Development Co. Huntington Beach, CA 92648 18281 Gothard Street, Suite 201 P.O. Box 269 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Kaz Begovich Bill Vogt Louie Hernandez Begovich& Haug Architects Vogt Development Louie Group 3821 Long Beach Blvd. Suite 201 19432 Pompano Lane#112 19312 Harding Lane Long Beach, CA 90807 Huntington Beach, CA 92648 Huntington Beach, CA 92646 Tim Roberts Vince Mola Dick Harlow TNR Development Corp. TNR Development Corp. Harlow& Associates 130 McCormick Avenue, Suite 104 130 McCormick Avenue, Suite 104 211 B Main Street Costa Mesa, CA 92626 Costa Mesa, CA 92626 Huntington Beach, CA 92648 Bijan Sassounian Kirk Evans Robert Ferguson Parkside Classics Centerstone Development Co. Sea Ridge Development 16373 Bolsa Chica Street 3500 B Westlake Center Drive P.O. Box B Huntington Beach, CA 92649 Santa Ana, CA 92704 Huntington Beach, CA 92648 Rick Wood Doug Woodward Robert Rann Greystone Homes Greystone Homes Gray& Rann 7 Upper Newport Plaza 7 Upper Newport Plaza 5160 Birch Street, Suite 200 Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 Mike Kaser Tom Zanic Eric Zehnder Kaser Construction New Urban West Communities Zehnder Construction 5942 Edinger No. 1B 520 Broadway, Suite 100 6776 Findley Circle Huntington Beach, CA 92649 Santa Monica, CA 90401 Huntington Beach, CA 92648 Rick Hauser Steve Shepard Bill Holman Polygon Communities Polygon Communities PLC 15751 Rockfield Blvd., Suite 120 15751 Rockfield Blvd., Suite 120 23 Corporate Plaza, Suite 250 Irvine, CA 92718 Irvine, CA 92718 Newport Beach, CA 92660 Scott Minami Mike Adams Jeff Bergsma Presley Companies PO Box 382 Team Design 19 Corporate Plaza, Huntington Beach, CA 92648 215 Main Street, Suite A Newport Beach, CA 92660 Huntington Beach, CA 92648 Jonathan M. Jaffe Tom Redwitz Ronald Metzler Lennar Homes of California, Inc. Taylor Woodrow Homes, Ltd. Shea Homes 24800 Chrisanta Drive 4200 24461 Ridge Route Dr. 655 Brea Canyon Road Mission Viejo, CA 92691-4819 Laguna Hills, CA 92653-1686 Walnut, CA 91788-0487 G:\carvalho\dtdev\labels NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, January 19, 1999, at 7:00 PM in the Citv Council Chambers, 2000 Main Street. Huntington Beach, the Citv Council will hold a public hearing on the following item: ❑ ZONING TEXT AMENDMENT NO. 97-1 (RESIDENTIAL DEVELOPMENT STANDARDS): Applicant: City of Huntington beach Request: To approve a comprehensive amendment to the Huntington Beach Zoning and Subdivision Ordinance addressing residential district standards. Location: City-,.«de Project Planner: Wayne Carvalho NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street; Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main Citv Library (7111 Talbert Avenue) after January 14, 1999. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the Cit-v Council's action in court. you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:council:99CC0119) • • NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, January 19, 1999, at 7:00 Pi\1 in the City Council Chambers. 2000 Main Street, Huntington Beach, the City_ Council will hold a public hearing on the folloNving item: I ❑ ZONING TEXT AMENDMENT NO. 97-1 (RESIDENTIAL DEVELOPMENT STANDARDS): Applicant: City of Huntington beach Request: To approve a comprehensive amendment to the Huntington Beach Zoning and Subdivision Ordinance addressing residential district standards. Location: City-wide Project Planner: Wayne Carvalho NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street. Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main CitN Library(7111 Talbert Avenue)after January 14. 1999. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court. you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:counci l:99CC0119) DRAFT ORDINANCE r) 3 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances to setback and building separation requirements, and variances not exceeding ten percent deviation from site coverage or landscape requirements. Huntington Beach Zoning and Subdivision Ordinance Chapter 241 241-2 8/24/98 DRAFT ORDINANCE =VC,1U ter210"Residentia'1 Districts . Sections: \210.02 Residential Districts Established 21,0.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls 210.\0�6 RL, RM, RMH, RH, and RMP Districts: Property Development Standards 210.08 Development Standards for Senior Projects 210.10 Modifications for Affordable Housing 210.12 Planned Unit Development Supplemental Standards and Provisions 210.14 Ri�4P District Supplemental Development Standards �tfl 210.16 Review of Plans 1 0� 210.02 Residen\1 Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five (5) residential zoning districts are established by this chapter as follows:(3334) A. The RL Low Density Residential District provides opportunities for single-family residential land use\ in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven (7) units per acre. B. The RM Medium De\ity Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents' use. Single-family homes, such as patio homes, may also be suitable. Maximum density is fifteen (15) units per acre. \ C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density . designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is twenty-five (25) units per acre. \ D. The RH High Density Residential District provides opportunities for the most intensive form of residential developmenKllowed in the City, including apartments in garden type complexes and High rise where scenic and view potential exists, subject to appropriate standards and locational-requirements. Maximum density is thirty-five (35) units per acre. E. The RMP Residential Manufactured Home Par\District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-1 8/24/98 • 0 DRAFT ORDINANCE 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-2 8/24/98 DRAFT ORDINANCE RL, RM, RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited (see Additional Provisions) (3334) LAND USE CONTROLS PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use - = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D) 2 -4 units ZA P P - 5 - 9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P) Public and Semipublic (A)(0) Clubs & Lodges - - L-1 ZA Day Care, Large-family ZA ZA ZA ZA Day Care, General L-2 ZA ZA ZA Park& Recreation Facilities L-3 L 3 L-3 L 3 Public Safety Facilities PC PC PC PC Religious Assembly L-4 PC PC PC Residential Care, General - L-2 PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-5 - Accessory- Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-3 8 24/98 DRAFT ORDINANCE RL,RM, RMH, RH, and RMP Districts: Additional Provisions L-1 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-2 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. L-3 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-4 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. See Section 230.06: Religious Assembly Yard Requirements. L-5 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in the RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 210.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, a conditional use permit by the Zoning Administrator is required for the addition of manufactured home space(s)to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (1) See Section 230.10: Accessory Dwelling Units. Huntington Beach Zonin-and Subdivision Ordinance Chapter 210 210-4 8/24/98 • 0 DRAFT ORDINANCE RL, RM, RMH, RH, and RIMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. (P) See Section 230.22: Residential Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee 210.06 RL, RM, 101H, RH, and RMP Districts: Property Development Standards The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development. (Rest of page not used) Huntington Beach zoning and Subdivision Ordinance Chapter 210 210-5 8/24/98 • • DRAFT ORDINANCE Property Development Standards for Residential Districts RL RIM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width(ft.) 60 60 25 60 60 N/A Cul de sac frontage 45 45 - 45 45 N/A Minimum Setbacks (D)(R) Front(ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3;5 3;5 3;5 3;5 3;5 - (G)(I)(J) Street Side (ft.) 6;10 6;10 5 6;10 6;10 10 (H) Rear(ft.) 10 10 7.5 10 10 - (I)(J)(W) Accessory Structure (U) Garage (K) Projections into Setbacks (L)(R) Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (M) Accessory Structures 15 15 15 15 15 15 (M)(R) Maximum Floor Area - - 1.0 - - - Ratio (FAR) Minimum Lot Area per 6,000 2,904 * 1,742 1,244 - Dwelling Unit (sq. ft.) Maximum Lot 50 50 50 50 50 75 (V) Coverage (%) Minimum Floor Area (N) Minimum Usable Open Space (0) Courts (P) Accessibility within Dwellings (Q) Waterfront Lots (R) Landscaping See Chapter 232 (S) Fences and Walls See Section 230.88 Lighting (T) Underground Utilities See Chapter 17.64 Screening of Mechanical Equipment See Section 230.76 Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and Loading See Chapter 231 Signs See Chapter 233 Nonconforming Structures See Chapter 236 * Lots 50 feet or less in width= 1 unit per 25 feet of frontage; Lots greater than 50 feet in width= 1 unit per 1,900 square feet N/A=Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-6 8/24/98 • • DRAFT ORDINANCE RL, RM, WMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (B) See Section 230.66: Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one (1) gross acre. (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (E) Variable Front Setback for Multi-family Projects. Projects with more than 4 units in the RM District, more than 8 units in the RMH District (including RMH-A), or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50%of the garages shall be setback 20 feet from the front property line. See Section 210.12 B. (F) Upper-story Setbacks for Multi-family Structures. The covered portion of all stories above the second story in any multi-family structure shall be setback an average of 10 feet from the second floor front facade (see Exhibit). average 10' setback 10 000 0 � QD 0 0 � D � QD 0 � 0 � 210-UPSS.PCX UPPER STORY SETBACK Huntington Beach Zonine and Subdivision Ordinance Chapter 210 210-7 8/24/98 • 0 DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (G) Interior Side Setback (1) In the RL, RM, RMH (including RMH-A), and RH Districts, interior side setbacks shall be minimum 10% of lot width, but not less than 3 feet and need not exceed 5 feet, except as stated below. (2) For projects in the RM, RMH (including RMH-A), and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) 10 feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator or the Planning Commission may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are setback the required distance. (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A), and RH districts, the street side yard shall be 20 percent of the lot width, minimum 6 feet and need not exceed 10 feet. (2) In the RMH-A subdistrict, street side setback shall be minimum 5 feet. (3) For projects with 10 or more multi-family units (including RMH-A), the street side setback shall be the same as the front setback. (I) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than 5 feet, and need not exceed 10 feet, and shall be subject to the requirements listed in subsection (3) below. (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in subsection(3)below. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-8 8/24/98 • • DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards I (3) A zero side or rear setback may be permitted subject to the following requirements: (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner. (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of 5 feet. (d) No portion of the dwelling or any architectural features shall project over the property line. (e) The zero setback shall not be adjacent to a public or private right-of-way. (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12 B. (K) Garage Setbacks. Setbacks for the main dwelling shall apply, except as specifically stated below: (1) Front entry garage - 20 feet (2) Side entry garage - 10 feet (3) Garage with alley access - 5 feet For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet. A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. (Rest of page not used) i Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-9 8/24/98 • • DRAFT ORDINANCE RL, R1VI, RMH, RH, and RMP Districts: Additional Development Standards i ATTACHED FRONT i ENTRY GARAGE Property line i ! i Minimum 20' from i garage to property line Street Sidewalk ! ATTACHED SIDE ! ENTRY GARAGE i i Property Line i Minimum 10' from i garage to property line Min 25' I Street Sidewalk Radius Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley Minimum 5' from ! 7 garage to property line iQWi ! — Property line ! GARAGE WITH ENTRY FROM REAR ALLEY i i 4 — Sidewalk Street Huntington Beach Zoning anu 3uwivuwn ordinance Chapter 210 210-10 8/24/98 • DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (L) Projections into Setbacks. (1) See Section 230.68: Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. (M) Height Requirements. See Section 230.70 Measurement of Height, and Section 230.72 Exceptions to Height Limits. (1) Single Family Dwellings in all residential districts, except the RMH-A subdistrict shall comply with the following standards: (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 512 pitch if building height exceeds thirty (30) feet. (c) Maximum building height for Main Dwellings shall be thirty-five (35) feet: however, Main Dwellings exceeding thirty (30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator. (mote:Not certified by the California Coastal Commission;however, these provisions are in effect and will be enforced by the City of Huntington Beach.) (3268-12/94)(3334) (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are setback five (5) feet from the building exterior and do not exceed the height limits as stated above. (2) Windows and deck areas above the second story plate line shall orient onto public rights-of-way only. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-11 8/24/98 • 0 DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards Dormers,decks and other architectural features must Habitable Areas are: be setback 5' from • confined within the building exterior roof volume 4 • accessed from-vvithin the main dwellin- • subject to conditional 5' use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RIIH-A SUBDISTRICT (e) Access to any habitable area above the second story top plate line shall be provided within the `•lain Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Single Family Dwellings in the RMH-A subdistrict shall comply with the following standards: (a) Second story top plate height shall not exceed twenty-five (25) feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (c) Habitable area, including rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-12 8/24/98 • 0 DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (d) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Front Otherwise, maximum building height shall be 35 feet. Property j Line j 35' i 25 maximum i maximum height in the height at top 25' front and rear 25 25' of roof of the lot Street i Rear 25' 25' Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3) Accessory Structures: See Section 230.08: Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection(R) (4) Recreation Buildings: The maximum height of a recreation building for multi- family, planned residential, and mobile home park projects shall be established by the conditional use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-13 8/24/98 • • DRAFT ORDINANCE RL,RM,RMH,RH, and RMP Districts: Additional Development Standards (N) Minimum Floor Area. Each dwelling unit in a multi-family building and attached single family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (0) Open Space Requirements. (1) The minimum open space area(private and common) for multi-family residential projects in RM, RMH (including RMH-A), and RH Districts shall be 25% of the residential floor area per unit (excluding garages). (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and 6 feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (b) The following minimum area shall be provided: Unit Type Minimum Area (Sq.Ft.) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (d) A maximum of 50% of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator or Planning Commission, provided that no portion of such deck exceeds the height limit. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-14 8/24/98 DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (3) Common Open Space. (a) Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet. shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (4) The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach. (P) Courts Opposite Windows in RM, RMH (excluding RIVIH-A) and RH Districts. Courts shall be provided in all multi-family projects in the RIM, RMH, and RH Districts subject to the following requirements: (1) Courts Opposite Walls on the Same Site: The minimum depth of a court shall be one-half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room. (see diagrams below) (2) Courts Opposite Interior Property Line: The minimum distance between a required window of a habitable room and a property line shall be 10 feet. (3) Court Dimensions: Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum 2 feet into a court. (Rest of page not used) Huntington Beach Zonin.-and Subdivision Ordinance Chapter 210 210-15 8/24/98 • 9 DRAFT ORDINANCE RL,RM, RMH, RH, and RMP Districts: Additional Development Standards Section A I Section B I Section C Living room ' window ' T I I A I I I 1/2 Height of i 20 ft. I 14 ft. Opposit wall Not less than 10 ft. - I - L Living room window I Living room window 1 i It Living room Living room Living room window I window window i —► 20 ft h/2 . Section A Section B Other room fOtheroom window 14 ft. Section C 210-CRT.CDR COURTS OPPOSITE NN INDOWS Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-16 8/24/98 • i DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (R) Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this Chapter, Chapter 245, Chapter 17.24, and the following requirements: (1) Projecting Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass. tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line. (3) Fencing. All portions of fencing within the required rear setback area shall comply with Chapter 230.88 and the visibility provisions below. (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree (45°) visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (5) Patio Covers. Patio covers (including eaves)may be permitted to project 5 feet into the rear yard setback, however, construction materials shall allow compliance with visibility provisions below. (6) Visibility. The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85%transmission of light and visibility through the structure in each direction when viewed from any angle. (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30-days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. (Rest of page not used) Huntin.-ton Beach Zoning and Subdivision Ordinance Chapter 210 210-17 8/24/98 • • DRAFT ORDINANCE RL, RM, RINIH, RH, and RMP Districts: Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max. �r x xT x � tkx` - o � 450 45 • 5' • min. house 5 min. . • Property line I 91 n.m."rnr. WATERFRONT LOT PROJECTIONS (S) Landscaping (1) A minimum 40% of the front yard shall be landscaped. For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max. 5 ft. wide walkway) may be provided in lieu of the 40% requirement. A maximum 18 inch high planter wall may be constructed along the front property line. (2) All required trees specified in Chapter 232 shall be provided. (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach. Huntinston Beach Zonine and Subdivision Ordinance Chapter 210 210-18 8/24/98 • • DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (T) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (U) See Section 230.08: Accessory Structures (V) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage. Open lattice/trellis patio covers are exempted from site coverage standards. (W) Where a rear yard abuts a street, or is adjacent to or facing a front yard of a residentially zoned property, front setback requirements shall apply. RL zoned properties abutting arterial highways shall comply with standard rear setback requirements. Wall and fences shall comply with Section 230.88. 210.08 Development Standards for Senior Projects This section establishes development standards for Senior Residential Projects that may be permitted by the Planning Commission. A. Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet. B. Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site. C. Minimum Distance between Buildings. Minimum building separation shall be-10 feet. D. Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios. E. Open Space Requirements. 1. Private Open Space: A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with minimum dimensions of 6 feet. 2. Common Open Space: A minimum of 2,500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50. 3. Community Club House: An enclosed community or clubhouse facility containing minimum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 210-19 8/24/98 • DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards F. Elevators. Buildings with more than 2 levels, including living areas or parking, shall have elevators. G. Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use. 210.10 Modifications for Affordable Housing The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro-forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s)proposed. 210.12 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments. A. Maps. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions. B. Project Design. 1. Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side. 2. A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four(4) feet for every two units shall be provided. 3. A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area. C. Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities. D. Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&R's) applying to the property and shall be approved by the City Attorney and Director. The CC&R's shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder. Huntinston Beach Zonins and Subdivision Ordinance Chapter 210 v 210-20 8/24/98 9 0 DRAFT ORDINANCE RL, RM, RMH, RH, and RMP Districts: Additional Development Standards E. Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans, the buildings and use of property for planned unit development. F. Sale of Lots. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the City. G. Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Said entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 210.14 1UMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home parks. A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front minimum 5 feet Side 10 feet aggregate, minimum 3 feet on any side Rear minimum 5 feet B. Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space. C. The undercarriage of all manufactured homes shall be screened from view on all sides. D. A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a 20 foot wide landscaped berm or a 10 foot wide landscaped area and a 6 foot high wall shall be located at the minimum front setback line. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 V 210-21 8/24/98 DRAFT ORDINANCE RL,RM, RMH, RH, and RMP Districts: Additional Development Standards E. A boat or trailer storage area shall be provided and screened from view by a 6 foot high fence or wall. F. Maximum site coverage for each individual manufactured home space shall be 75%. G. Projects in the RMP district shall provide a minimum common open space area of 200 square feet per manufactured home space. 210.16 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. B. Design Review Board. See Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 210 2 i 0-22 8/24/98