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HomeMy WebLinkAboutSide Yard Setbacks within the Oldtown/Townlot District - Cod Authorized to Publish Advertisements of all kinds Including public notices' by Decree of the Superior Court of Orange County, California. Number A-6214, dated 29 September. 1961. and A-24831. dated 11 June. 1963. -ARPAPYBD BY CITY COUNCi- STATE OF CALIFORNIA County Of Orange PubhC Noun A0von138nq coveted oy this smldevn is sot in pent - with 10 Pico column width ` --- In Id- CITY C LRK I am a Citizen of the United States and a resident of the County aforesaid,- I am over the age of eighteen, - - — years, and not a party to or interested in the below PUBLIC NOTICE principal clerk of the O NOTICE OF entitled matter. I am a Orange P P g 1 PUBLIC HEARING Coast DAILY PILOT, with which IS combined the i CODE AMENDMENT NO.87-8 NEWS-PRESS, a newspaper Of general circulation, SIDE YARD SETBACKS er P P g IN THE OLDTOWN/ printed and published in the City of Costa Mesa, NOTyCLET SISHREREBY County of Orange, State of California, and that a GIVEN that.the HuntingtonBeach City Council will hold a public hearing in the Coun- Notice of Public Hearing cil Chamber at the Hunt- Ington Beach Civic Center, 2000 Main Street, Hunt- ington Beach,California,on the date and at the time in- dicated below to receive and of which copy attached hereto is a true and complete consider the statements of all persons who wish to be copy, was printed and published in the Costa Mesa, heard relative to the appli- cation described below. Newport Beach, Huntington Beach, Fountain Valley, i DATE: Tuesday, Septem- ber 8, 1987 Irvine, the South Coast communities and Laguna I TIME:7:00 P.M. , SUBJECT: Code Amend- Beach issues of said newspaper for o n e time 'merit No.87-8 APPLICANT:City of Hunt- consecutive weeks to wit the issue(s) of ington Beach LOCATION: Old- i town/Townlot Districts PROPOSAL: To amend Section 9130.7 of the Hunt- ington Beach Ordinance Aug. 27 7 Code related to sideyard 198 setback requiremcnts in the Oldtown/Townlot Districts. ENVIRONMENTAL STATUS: Categorically ex- 198 empt from the provisions of the California Environmental Ouality Act. ON FILE: A copy of the 198 proposed request is on.file in the Office of the City Clerk, 2000 Main Street, Hunt- ington Beach,California for 198 inspection by the public. ALL INTERESTED PER- SONS are invited to attend said hearing and express 198 opinions or submit evidence for or against the application as outlined above.All appll- i cations, exhibits, and de- i scriptions of this proposal are on file with the Office of I declare, under penalty of perjury, that the the City Clerk, 2000 Main foregoing is true and correct. Street, Huntington Beach, California, for inspection by the public.• HUNTINGTON BEACH'CITY By: Alicia i Executed on Aug . 27 J M'WenttworthLCity Clerk 1 198 -- Phone(714)538-5405 at Costa Mesa, California. Dated August 25,1987 Published Orange Coast Daily Pilot August 27,1987 Th050 Signature C� 8 PROOF OF PUBLICATRON REQUESI FOR CITY COUNCIL ACTION Date September 8 . 1987 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administra . o t Prepared by: Douglas N. La Belle, Director, Community Developme Subject: CODE AMENDMENT NO. 87-8 SIDE YARD SETBACKS WITHIN THE OLDTOWN/TOWNLOT DISTRICT Statement of Issue, Recommendation,Analysis, Funding Source,Alternative-Actions, Attachments: re, :i�vVL'� Ii�' CiT Y - 19-22 STATEMENT OF ISSUE• CL EKI Code Amendment No. 87-8 addresses side yard setback requir mCITY s within the Oldtown and Townlot areas of the City. It simplifies side yard setback requirements within the two districts . This code amendment was generated from a discussion at the .Planning Commission meeting on July 21, 1987 . RECOMMENDATION• Planning Commission action on August 4, 1987 : ON MOTION BY LIVENGOOD, SECOND BY PIERCE, THE PLANNING COMMISSION VOTED TO APPROVE CODE AMENDMENT NO. 87-8 AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: Schumacher ABSTAIN: None Staff recommendation is identical to that of the Planning Commission.. ANALYSIS: On July 21, 1987, the Planning Commission approved a variance for reduction in exterior side yard setbacks . Following that action the Planning Commission directed staff to re-evaluate recent side yard. setback code changes . Staff has analyzed the issue and is proposing to reduce the exterior side yard setback requirement to be consistent with previous (pre-April 1987) Oldtown/Townlot provisions and to simplify the requirements for side yard setbacks by' eliminating the use of a percentage basis for the calculation. The proposed change would require a five (5) foot exterior setback for lots 60 feet wide or less and a ten (10) foot setback for those wider than 60 feet . i C. PIO 4/81 Similarly, the provision for an interior side yard setback would be triggered by lot width. Lots 30 feet wide or less would need the minimum three (3) foot setback; lots greater than 30 feet would be required to provide a five (5) foot setback. The proposed code amendment will readjust the side yard requirements to a reasonable dimension based on two lot width categories . In addition, a use permit provision has been added to allow deviation from the setback requirements subject to specific findings . Adding the use permit provision provides flexibility in the regulations, but at the same time ensures that adequate public notice is provided to surrounding property owners . The findings required for use permit approval, included on page 2 of the ordinance, are also different than those required to grant a conditional exception. The applicant does not need to prove a "land-related hardship" required to approve a conditional exception. ENVIRONMENTAL STATUS: Code Amendment No. 87-8 is categorically exempt from the provisions of the California Environmental Quality Act . FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: Deny Code Amendment No. 87-8 . ATTACHMENTS 1 . Ordinance 2 . Existing Section 9130 . 7 3 . Diagrams illustrating current code and proposed code requirements 4 . Planning Commission staff report dated August 4, 1987 DNL:JA:kla RCA - 8/8/87 -2- (8937d) 1C1`'"-.1NC S NC,k � �ovtiSc �� � 9130. 7 Setback (side yard) . Side yard setbacks shall be:. as follows : - Dwellings , garages and Interior side yards shall be accessory buildings : 10 percent of lot width, minimum of three _( 3) feet, need not exceed 5 feet . Exterior side yards shall- be 20 percent of. -lot width, ..minimum of- 5 feet , - need not exceed 10 feet . Garages located on a single 25 foot_ wide lot may have a 3 foot exterior side yard setback. Where.-the main entry to . a unit- is located - on the side, minimum setback to such, entry shall be 5 feet for the first story. Eaves : Refer to- Uniform Building Code (UBC) Fireplaces: Thirty ( 30) inches Open, unroofed stair- ways and balconies : Three ( 3) feet Exception for . zero lot line interior side yards . . A zero interior side yard setback may be permitted provided that the opposite side yard setback shall be 20 percent of lot width, minimum of five ( 5) --feet , need- -not-exceed-7-ten--( 10-) feet-,---and --- subject to the following criteria: (a) The lot adjacent to the zero setback side_ yard 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) Separation between the structure and any structure on an adjacent lot shall either be zero or a minimum of five ( 5 ) feet (c) _ A maintenance easement, approved as to form by . the city attorney, shall be recorded between the property . owner. and the owner of the 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. (Ord,.. 2894, _ - 6_May 87) - IT = 60 ► . cZ�'. �► til- - ��/�, : 20�'�0e4 tot iA4-k toJ' son _ m � huntington beach development services department SYAff TO: Planning Commission FROM: Community Development DATE: August, 4,_ 1987 SUBJECT: CODE AMENDMENT NO. 87-8 - SIDE YARD SETBACKS WITHIN THE OLDTOWN/TOWNLOT DISTRICT 1 . 0 SUGGESTED ACTION: Approve Code Amendment No. 87-8 and recommend adoption by the 'City Council . 2 . 0 GENERAL INFORMATION: Code Amendment No. 87-8 addresses side yard setback requirements within the Oldtown and Townlot areas of the City. It simplifies side yard setback requirements within the two districts.. This code amendment was generated from a recent discussion at the Planning .Commission meeting on July 21, 1987'. 3 . 0 ENVIRONMENTAL STATUS: Code Amendment No. 87-8 is categorically exempt from the provisions of the California Environmental Quality Act . 4 . 0 ANALYSIS• The Planning Commission approved a variance request before them on July 211 1987, regarding the exterior side yard setback provision. Staff has analyzed the issue and is proposing to reduce the exterior side yard setback requirement to be consistent with previous (pre-April 1987) Oldtown/Townlot provisions and to simplify the requirements for setbacks by eliminating the use of a percentage basis for the calculation. The proposed change would require a five (5) foot exterior setback for lots 60 feet wide or less and a ten (10) foot setback for those wider than 60 feet . Similarly, the provision for an interior side yard setback would be triggered by lot width. Lots 30 feet wide or less would need the minimum three (3) foot setback; lots greater than 30 feet would be required to provide a five (5) foot setback. A-FM-23A t The proposed code amendment will readjust the side yard requirements to a reasonable dimension based on two lot width categories . In addition, a use permit provision has been added to allow deviation from the setback requirements subject to specific findings . Adding the use permit provision provides flexibility in the regulations, but at the same time ensures that adequate public notice is provided to surrounding property owners . The findings required for use permit approval, included on page 2 of the ordinance, are also different than those required to grant a conditional exception. The applicant does not need to prove a "land-related hardship" required to approve a conditional exception. ATTACHMENTS• 1. Draft Ordinance 2 . Existing Section 9130 . 7 MA:JA: kla Staff Report - .8/4/87 -2- (8729d)' Ai+at�t-,emf. l DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9130 . 7 (SETBACK - SIDE YARD) FOR THE OLDTOWN AND T.OWNLOT DISTRICTS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by amending Section 9130 . 7 to read as follows : 9130 . 7 SETBACK - SIDE YARD. Minimum side yard setbacks shall be as follows : Dwellings, accessory buildings, and side entry garages : Interior Side Yards - Lots 30 ft. wide or Three (3) .ft. Exception: a less minimum 5 ft . wide unobstructed access way shall be provided to the main entry when located on the side. May be provided by access easement on adjacent property or ,by other means subject to approval by Director. - Lots greater than Five (5) ft. 30 ft, wide: Exterior Side Yards Lots 60 ft . wide or Five (5) ft. The side wall of less : a garage located on a single 25 ft . wide lot may be 3 ft . Lots greater than Ten (10) ft . 60 ft . wide: Direct entry garage or carport: Twenty-two, (22) ft .. Eaves : Refer to Uniform Building Code (UBC) Architectural Features : Thirty (30) inches Open, unroofed stairways and balconies : Three (3) feet (a.). -- Exception for zero lot line interior side yards . A zero interior side yard setback may be permitted provided that the opposite side yard. setback shall be 20 percent of lot width, minimum .of. five (5) feet, need not exceed ten (10) feet, and subject to the following criteria: (1) The lot adjacent to the zero setback side yard 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. (2) Separation between the structure and any structure on an adjacent ,lot shall either be zero or a minimum of five (5) feet. (3) 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. (b) Exception by Use Permit. Reduced side yard setbacks may be permitted subject, to -the approval of a use permit . The Zoning Administrator shall make the following findings prior to approving such requests : (1) The reduction shall result 'in improved design and utility of the project. (2) The design shall be compatible with the surrounding neighborhood. . (3) The proposed structure shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents . (4) Variation in the building setback shall be provided through the .use of offsets and/or other architectural features . SECTION 2 . This ordinance shall take effect thirty days after its passage. (7246d) PASSED AND ADOPTED by the City Council of. the City of Huntington Beach at a regular meeting thereof held on the day of 1987. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney - REVIEWED AND APPROVED: INITIATED AND APPROVED City_ Administrator Director of Community Development 1 (7246d) 9130. 7 . Setback (side yard) . Side yard. setbacks shall be as follows: Dwellings , garages and Interior side yards shall be accessory buildings: 10 percent of lot width, minimum of three ( 3 ) feet, need not exceed 5 feet. Exterior side yards shall be 20 percent of lot width, minimum of 5 feet , need not exceed 10 feet . - Garages located on a single 25 foot wide lot may have a 3 foot exterior side yard setback. Where the main entry to a unit is located on the side, minimum setback to such entry shall be 5 feet for the first story. Eaves : Refer to Uniform Building Code (UBC) Fireplaces: Thirty ( 30) inches Open, unroofed stair- ways and balconies : Three ( 3) feet. Exception for zero lot line interior side yards . A zero interior side yard setback may be permitted provided that the opposite side yard- setback shall be 20 percent of lot width, minimum of five ( 5) feet, need not exceed ten ( 10) feet, and subject to the following criteria: (a) The lot adjacent to the zero setback side yard 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) Separation between the structure and any structure on an adjacent lot shall either be zero or a minimum of five ( 5 ) feet (c) A maintenance easement, approved as to form by the city attorney, shall be recorded between the property owner and the owner of the 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. (Ord. 2894, 6 May 87) Publish / August 27, 1987 !-p� • 7 ll,�,�a6; NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 87-8 ` SIDE YARD SETBACKS IN THE OLDTOWN/TOWNLOT,-Dl NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Tuesday, September 8, 1987 TIME: 7:00 P.M. SUB,jgCT: Code Amendment No. 87-8 APPLICANT: City of Huntington Beach � c.fS� LOCATION: O1 dtown/Townl of A"r as---D1s++► PROPOSAL: To amend Section 9130.7 of the Huntington Beach Ordinance Code rel ated to s i dey/ard setback requi rements a--;i J-i� Ceti.�Tc � alce= �i s+-n.c'tS ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Office of the City Clerk, 2000 Main Street, Huntington Beach. California for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: Alicia M. Wentworth City Clerk Phone (714) 536-5405 \ Dated August 25, 1987 ` Publish August 27, 1987 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 87-8 SIDE YARD SETBACKS IN THE OLDTOWN/TOWNLOT) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Tuesday, September 8, 1987 TIME: 7:00 P.M. SUB,rgCT: Code Amendment No. 87-8 APPLICANT: City of Huntington Beach LOCATION: Oldtown/Townlot Area PROPOSAL: To amend Section 9130.7 of the Huntington Beach Ordinance Code related to sideyard setback requirements. ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Office of the City Clerk, 2000 Main Street, Huntington Beach. California for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: Alicia M. Wentworth City Clerk Phone (714) 536-5405 Dated August 25, 1987 - 1 - NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM r TO: CITY CLERK'S OFFICE DATE: 13hq(F 7 FROM: (2b1AgMdai ""DW ° PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF 198 . AP' s are attached AP's will follow No AP' s Initiated by: Planning Commission Planning Department Petition * .Appeal Other Adoption of Environmental Status (x) EIR ND NON Has City Attorney' s Office been YES NO informed of forthcoming public hearing? Refer to ll �"�— Planning Department - Extension #55(�y for additional information. * If appeal , please transmit exact wording to be required in the legal . IS THIS AN APPEALABLE DEVELOPMENT (COASTAL DEVELOPMENT PERMIT ? YES NO NOTICE OF PUBLIC HEARING. CODE AMENDMENT NO. 87 .�r (SIDE YARD SETBACKS IN THE OLDTOWN/TOWNLOT) NOTICE IS HEREBY GIVEN that the Huntington_ Beach _Planning Commission - will hold a public hearing in the Council Chamber at the Hunti-ngton Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date -and at the time indicated below to . receive and consider the statements of al-1 persons who wish to be heard relative to the application described below. DATE/TIME: Tuesday, 1987, 7 : 00 PM APPLICATION NUMBER: Code Amendment No. 87=8 APPLICANT: City of. Huntington Beach - REOUEST: To amend Section 9130 . 7 of the Huntington Beach Ordinance Code related to eaftembW side yard setback requirements . ENVIRCiNMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act ON FILE: A copy of the proposed request. is on file in the, -XW C r .,.,r+ m mt, 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 July 31, 1987 . - ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against. the application as outlined above. If there are any further questions please call Jeff Abramowitz, Assistant Planner at 536-5271 . amc (8661d-1)