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HomeMy WebLinkAboutBuilding Height Requirements Ordinance No 3268 Amending Zoni PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) am a Citizen of the United States and a resident of the County aforesaid; I am PUBLICNOTICE over the age of eighteen years, and not a LEGAL NOTICE ORDINANCE party to or interested in the below NO.326B, "AN ORDINANCE entitled matter. I am a principal clerk of OF THE-CITY OF the HUNTINGTON BEACH INDEPENDENT, a HUNTINGTON AMENDINGING T THHACH E HUNTINGTON BEACH newspaper of general circulation, printed MUNICIPAL CODE ' BYAMENDING and published in the City of Huntington SECTION210.06 Beach, County of Orange, State of THEREOF RELATING TO PROPERTY. DEVELOPMENT California, and that attached Notice is a STANDARDS IN RESIDENTIAL true and complete copy as was printed ZONE-HEIGHT REQUIREMENTS" and published in the Huntington Beach SYNOPSIS: Ordinance No. 3268 and Fountain Valley issues of said amends the Huntington i Beach Municipal Code by Amending Section 210.06 newspaper to wit the issue(s) of: jasfollows: SECTION 1. That Section . 210.06(L)(1)(c) of the Hun- tington Beach Municipal , Code, relating to RL, RM, RMH, RH and RMP Dis- tricts: Additional Develop- ment Standards for Single Family Dwellings,is hereby , amended to read as fol- December 1, 1994 lows: (c) Maximum_ building height for Main Dwellings shall be thirty-five(35)feet;. however, Main Dwellings exceeding thirty (30)feet in I declare, under penalty of perjury, that height shall require ap- proval of a Conditional Use the foregoing is true and correct. permit by the Zoning Ad- ministrator. 41 This ordinance shall be- come effective thirty (30) days after its adoption. THE FULL TExecuted on December 1 199 4 ,days XT �AVAI{L- ABLE IN THE CITY ICE at Costa Mesa, ADOP ADOPTEDD California. I S by .by the City Council of the City of Hun- tington Beach at a regular meeting held Monday, No- vember 21,1994 by the fol- lowing roll call vote:, AYES: Councilmem- bars: Silva, Bauer, Ro- bitaille, Moulton- Patterson, Winchell, Leipzig,Sullivan i NOES: Councilmem- bars:None Signature I ABSENT: Council- members:None CITY OF HUN - TINGTON BEACH Connie Brockway, City Clerk Published Huntington Beach-Fountain Valley In- i dependent December 1, . 1994;- J�. ® 121-451 ATTACHMENT NO. 1 FINDINGS FOR APPROVAL CODE AMENDMENT NO. 94-3 FINDINGS FOR APPROVAL- CODE AMENDMENT NO. 94-3: 1. The proposed code amendment to amend the Huntington Beach Zoning and Subdivision Ordinance will allow public hearings for compatibility concerns to be addressed for residences over 30, and to 35 feet in height. Presently, additions and new construction of two (2) story single family residences zoned, Low Density Residential, may be constructed up to 35 feet in height without benefit of the public hearing process. This code amendment will permit all two (2) story residences up to and including 30 feet in height to be built, or added to, by administrative approval; (no public hearing); and will require a conditional use permit (with public hearing) for residences over 30' and up to 35 feet in height. 2. The proposed code amendment to amend the Huntington Beach Zoning and Subdivision Ordinance is consistent with the Low Density Residential designation in the Land Use Element of the General Plan. The code amendment does not change the allowable density for the designation and it does not change the maximum allowable height for single family residence structures in the Low Density Residential zone. 9486att8 ATTACHMENT 2 ATTACHMENT 3 LEGISLATIVE DRAFT THE ONLY CHANGE TO THIS SECTION IS ON PAGE 210-8, SECTION (L)(11(c): .......... ........ ........ ............ ................... . . .......... ....... --- .......................... . ...... . --------------------------------------------- ................ -- ------------------- ..... ......M ................ .................... ............... .. ............ .... .................................................a..................... . . ............. . ..... .. ..... ... ..................%. 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 Five (5) residential zoning districts are established by this chapter as follows: 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, multidwelling 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 homeF or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine (9) spaces per acre. 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls cl) 0 In the following schedules, letter designations are used as follows: Chapter 210 210-1 10/3/94 210.04 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 classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. 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) Fit 0 Chapter 210 210-2 10/3/94 RL, RM, RMH, RH, P - Permitted and RMP DISTRICTS: L - Limited (see Additional Use) 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) (N) Day Care, Ltd. P P P P Group Residential - - PC - Multifamily Residential 2 - 4 units - P P P (B)(C) 5-9 units ZA ZA ZA - (B)(D) 10 or more units PC PC PC - (B)(D) 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) Public and Semipublic (A)(P) Clubs & Lodges - - L-1 ZA Day Care, Large-family - ZA ZA ZA Day Care, General - ZA ZA ZA Park& Recreation Facilities L-1 L-1 L-1 L-1 Public Safety Facilities PC PC PC PC Religious Assembly L-2 PC PC PC Residential Care, General - - PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Visitor Accommodations Bed and Breakfast Inns - - L3 - Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L) Temporary Uses (J) rA Commercial Filming, Limited P P P P Real Estate Sales TU TU TU P (0) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Q Chapter 210 210-3 10/3/94 REQUEST FOR CITY COUNCIL ACTION Date: November 7, 1994 Submitted to: Honorable Mayor and City Council Members CD 94-86 Submitted by: Michael T. Uberuaga, City Administrato�� Prepared by: Melanie S. Fallon, Director of Community Developmen`t�-&,XC<_ Subject: CODE AMENDMENT NO. 94-3 (BUILDING HEIGHT REQUIREMENTS) Consistent with Council Policy? [XJ Yes [ J New Policy or Exception Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for City Council consideration is Code Amendment No. 94-3, a request by the Planning Commission to require a public hearing by the Zoning Administrator for two-story, single family residences that exceed 30' in height and are up to 35' in height (Attachment No. 4, Drawing D). The current Zoning Ordinance and recently adopted Zoning and Subdivision Ordinance allows such structures to be approved administratively (Attachment No. 4, Drawing C). RECOMMENDATIONS: ti Planning Commission and Staff Recommendation: Motion to: "Approve Code Amendment No. 94-3 with findings and adopt Ordinance No. 3268 (Attachment No. 2). PLANNING COMMISSION ACTION ON AUGUST 23, 1994: THE MOTION MADE BY RICHARDSON, SECONDED BY KERINS, TO APPROVE CODE AMENDMENT NO. 94-3 WITH FINDINGS FOR APPROVAL (SEE ATTACHMENT NO. 1) CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: RICHARDSON, KERINS, DETTLOFF, INGLEE, BIDDLE, GORMAN NOES: NEWMAN ABSTAIN: NONE ABSENT: NONE MOTION PASSED ANALYSIS: Background: There was an inconsistency in the previous zoning code (pre-11/2/94) relative to the review process for additions to, or new construction of, single family residences in the R1 zone when the building exceeded 25 feet in height (Attachment No. 4, Drawing B) and/or was three (3) stories. Whether the structure could be approved administratively, by use permit, or by conditional use permit depended upon its height and number of stories. The following table represents six (6) categories for review of single family residential development (based on height and number of stories) in the R1 zone based upon the previous code. BUILDING HEIGHT: STORIES: REVIEW PROCESS: Up to and including 25 feet Up to 2 stories Administrative Approval 3 stories Use Permit by Zoning Administrator Over 25 feet and less than 30 Up to 2 stories Conditional Use Permit by feet Planning Commission 3 stories Use Permit by Zoning Administrator 30 feet - 35 feet Up to 2 stories Administrative Approval 3 stories Use Permit by Zoning Administrator The recently adopted Zoning and Subdivision Ordinance (ZSO) which became effective November 2, 1994, consolidated use permits and conditional use permits into one entitlement: conditional use permits. However, conditional use permits are reviewed by either the Zoning Administrator or by the Planning Commission, depending upon the type of request. In this particular case, the review process for three story homes is now a conditional use permit to the Zoning Administrator. The new ZSO eliminated the requirement for a conditional use permit by the Planning Commission for two-story residences that are over 25' and less than 30' in height (Attachment No. 4, Drawing C). The current review process for residences based upon height is as follows: BUILDING HEIGHT: STORIES: REVIEW PROCESS: Up to and including 35 feet Up to 2 stories Administrative Approval 3 stories Conditional Use Permit by ZoningAdministrator This revision reduced the review process from six categories to two. It resolved an inconsistency in the zoning ordinance for additions and new construction of single family residences that exceed 25' in height, and it streamlined the review process. It will allow for greater design flexibility (varied ceiling heights, varying roof pitches, etc.) Recommendation: The proposed code amendment will require a public hearing before the Zoning Administrator for two story, single family residences that exceed 30' in height and are up to 35' in height (Attachment No. 4, Drawing Q. Since the use permit process no longer exists, a conditional use permit by the Zoning Administrator would be required. This process, if approved, will be consistent with other methods for review in the new ZSO. The following table represents the categories for review with the proposed code amendment: BUILDING HEIGHT: STORIES: REVIEW PROCESS: Up to and including 30 feet Up to 2 stories Administrative Approval 3 stories Conditional Use Permit by Zoning Administrator Over 30 feet, and up to and Up to 2 stories Conditional Use Permit by including 35 feet Zoning Administrator* 3 stories Conditional Use Permit by Zonin Administrator *Proposed code amendment The Planning Commission determined that two-story residences up to and including 30 feet in height could be built, or added to, by administrative approval (no public hearing) and would allow for design flexibility. Residences over 30 feet in height, however, could have adverse impacts to adjacent residences, therefore, a public hearing should be conducted to address compatibility concerns. It should be noted that at the July 26, 1994 Planning Commission meeting, the Huntington SeacliffHomeowner's Association submitted a letter (Attachment No. 6) requesting that the code amendment be revised to reflect the general requirement for a Conditional Use Permit for any residence 25'-35' in height. They are concerned about the compatibility of any new structure over 25' in height with adjacent residences. A residential infill development ordinance (Attachment No. 7) was recently adopted which includes provisions to minimize impacts on adjacent residential developments and insures compatibility and appropriate design for projects located within existing residential neighborhoods. The proposed code amendment will further implement the provisions of the infill ordinance. A Residential Infill Development Committee has been established to consider a more comprehensive ordinance. Their recommendations are expected to be presented to the Planning Commission in December 1994. RCA 11/7/94 3 CD 94-86 Coastal Status: If the code amendment is approved, it will be incorporated into the new ZSO and subject to final California Coastal Commission approval for residences within the coastal zone boundaries. Environmental Status: The proposed project is categorically exempt pursuant to Class 20, of the City Council Resolution No. 4501 adopted pursuant to the California Environmental Quality Act. FUNDING SOURCE: Not Applicable ALTERNATIVE ACTION: The City Council may take the following alternative actions: Motion to: "Deny Code Amendment No. 94-3 with findings (Attachment No. 8)" or, "Continue Code Amendment No. 94-3 until the recommendations of the Residential Infill Development Committee have been presented". ATTACHMENTS: 1. Findings for Approval 2. Ordinance No. 6 3. Legislative Draft 4. Drawings depicting maximum allowable building height for two-story homes on flat lots in the RI (RL) zone 5. Planning Commission Staff Report dated August 23, 1994 6. Letter from Huntington SeacliffHomeowner's Association received July 26, 1994 7. Infill Development Ordinance No. 3242A 8. Findings for Denial MTU:MSF:SH:lp RCA 11/7/94 4 CD 94-86 ORDINANCE NO. -3 2 6 8 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 210.06 THEREOF RELATING TO PROPERTY DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES - HEIGHT REQUIREMENTS WHEREAS, the City Council of the City of Huntington Beach desires to amend the Huntington Beach Municipal Code to change certain matters.pertaining to height requirements in residential zones; and 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 relative to amending the Huntington Beach Ordinance Code as provided herein, wherein both bodies have carefully considered all information presented at said hearings; 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 Section 210.06(L)(1)(c) of the Huntington Beach Municipal Code, relating to RL, RM, RMH, RH and RMP Districts: Additional Development Standards for Single Family Dwellings, is hereby amended to read as follows: (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. 1 4\G\Ord:CA94-3\10/28/94 RLS 94-727 SECTION 2. This ordinance shall become effective 30 days after its adoption. PAS SED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21stday of November , 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney �. I()- REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adminis rator Director of Community/Elevelopment 2 4\G\Ord:CA94-3\10/28/94 RLs 94-727 3268 Ord. No. 3268 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 an regular meeting thereof held on the 7th day of November, 1994, and was again read to said City Council at a regular meeting thereof held on the 21 st of November. 1994, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Silva, Bauer, Robitaille,Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: None L�G,7l7GG.�i City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT 1 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 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-3 A conditional use permit from the Planning Commission is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A district. 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 significant exterior structural or architectural alteration, shall require an amendment to the conditional use permit previously obtained. (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 abuts an arterial highway, includes a dwelling unit more than 150 feet from a public street, or 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. (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 (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs (M) All habitable rooms in a single-family dwelling must be accessible from within the dwelling. Chapter 210 210-4 10/3/94 RL, RM, RMH, RH, and RMP Districts: Additional Provisions (continued) (N) Tents, trailers, vehicles, or temporary stuctures shall not be used for dwelling purposes. (0) See Section 230.18: Subdivision Sales Offices and Model Homes (P) Limited to facilities on sites of fewer than 2 acres. (Q) See Section 230.22: Residential Infill Lot Developments 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) I\A . d Chapter 210 210-5 10/3/94 Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Provisions Minimum Building Site Requirements Area(sq. ft.) 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width(ft.) 60 60 25 60 60 - Cul de sac frontage 45 45 - 45 45 - Minimum Setbacks (D)(E)(Q) Front (ft.) 15 15 12 10 10 (F)(K) Side (ft.) 3;5 3;5 3 3;5 3;5 - (G)(H)(V) Street Side (ft.) 6;10 6;10 5 6-10 6-10 - (H)(I)(J) Rear (ft.) 10 10 7.5 10 10 - (H)(I)(T)(V) Garage (I)(U) Maximum Height (ft.) Dwellings 35 35 35 35 35 20 (L) Accessory Structures 15 15 15 15 15 15 (L)(T) Maximum Floor Area Ratio (FAR) - 1.0 - - - Minimum Lot Area per Dwelling Unit (sq. ft.) 6,222 2,904 * 1,742 1,244 - (K) Maximum Lot Coverage (%) 50 50 50 50 50 75 Minimum Floor Area (M) Courts (N) Minimum Usable Open Space (0) Balconies and Bay Windows (P) Upper-Story Setbacks (Q) Landscaping See Chapter 232 Lighting (S) Fences and Walls See Section 230.88 Waterfront Lots (T) Off-Street Parking and Loading See Chapter 231 Underground Utilities See Chapter 17.64 Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Screening of Mechanical Equipment See Section 230.76 Signs See Chapter 233 Performance Standards See Section 230.82 � Nonconforming Structures See Chapter 236 * Lots 50 feet or less in width= l unit per 25 feet of frontage Lots greater than 50 feet in width= lunit per 1,900 square feet Chapter 210 210-6 10/3/94 0 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. (D) See Section 230.68: Building Projections into Yards. (E) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. (F) Variable Front Setback - Multifamily Projects. Projects with more than 4 units in the RM District, 8 units in the RMH Districts, and 14 units in the RH District shall have a minimum setback of 15 feet. Variable front setbacks are encouraged, and 50 percent of the garages shall be setback 20 feet from the front property line. (G) Interior Side Setback: In the RL, RM, RMH, and RH districts, ten percent of lot width but not less than 3 feet and need not exceed 5 feet. (1) Adjoining an RL District. The side yard shall be at least 10 feet for units in single-story or two-story buildings and 14 feet for units above two stories. The Zoning Administrator or the Planning Commission, as the case may be, may approve upper- story setbacks in lieu of an increased yard if the second and third stories are setback the required distance. (H) Building_Height and Required Yards. The width of a required interior side or rear yard adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, shall be increased three feet over the basic requirement. (1) Exceptions. If the lot width is less than 45 feet, no increase in the side yard is required. (I) Alley Setback. The width of a required interior side or rear yard adjoining an alley may be reduced to 3 feet for garages provided garages with alley access maintain the required turning radius. (J) Street Side Yard. In the RL, RM, RMH, and RH districts, the street side yard shall be 20 percent of lot width, minimum 6 feet and need not exceed 10 feet. For 10 or more units, the street side setback shall be the same as the front setback. On lots 27 feet wide or less, the street setback may be reduced to 3 feet for a garage with alley vehicular access. ry I Chapter 210 210-7 10/3/94 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (continued) (K) See Section 210.14: RMP Supplemental Development Standards. (L) See Section 230.70: Measurement of Height, and Section 230.72: Exceptions to Height Limits. (1) Single Family Dwellings: (a) Second story plate height shall not exceed twenty-five (25) feet above top of subfloor/slab measured directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet. (c) Maximum building,hei ht for Main Dwellings shall be thirty-five 35 feet; however, Main bwellings exeeedin thirty (30 feet in height shall require approval of a Conditional"Use IAZ Permit by the 'Zoning Administrator. (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 with the following limitations: (1) The building height shall not exceed the maximum height limits. (2) Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (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. (ii) Windows and deck areas above the second story plate line shall open onto public rights-of-way only. (3) Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (4) Access to habitable area above the second story top plate line shall be from within the Main Dwelling and shall be consistent with internal circulation. (e) To determine compliance with this subsection 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. Chapter 210 210-8 10/3/94 �Ve ��DW� RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (continued) (2) Accessory Structures: See Section 230.08: Accessory structures on projecting decks abutting a waterway shall comply with the height established in subsection (T). (3) Recreation Buildings: The maximum height of a recreation building for multifamily, planned residential, and mobilehome park projects shall be established by the conditional use permit. (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 1100 four bedrooms 1300 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. (N) Courts Opposite Windows in the RM, RMH, and RH Districts. Courts shall be provided in all multifamily projects in the RM, RMH, and RH Districts (excluding the RMH-A subdistrict). (1) Courts Opposite Walls on the Same Site: The minimum depth 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. (2) Courts Opposite Interior Property Line: The minimum depth of a court for a required window of a habitable room shall be 10 feet measured from the property line. (3) Court Dimensions: Court shall be 20 feet wide -- 10 feet on either side of the centerline of the required window and shall be open to the sky, provided that eaves may project 2 feet into a court. Chapter 210 210-9 10/3/94 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (continued) Section A I Section B I Section C Living room ' window ' T I I 1/2 Height of ' Opposit wall ( 20 ft. I 14 ft. Not less than 10 ft. w � i Living room window I Living room I window h Living room Living room Living room window window window h/2 20 ft. Section A Section B Other room Other room window window 14 ft. Section C 210-CRT.CDR COURTS OPPOSITE WINDOWS Chapter 210 210-10 10/3/94 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (continued) (0) Open Space Requirement. The minimum usable open space (private and common) for multi- family residential projects in RM, RMH, and RH Districts shall be 25 percent of the residential floor area per unit. The minimum usable open space in the RMP district shall be 200 square feet per space, and shall be common. A portion or all of the usable open space shall be private; otherwise it shall be common. (1) Private Open Space. Private open space shall be 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. The following minimum area shall be provided: Minimum Area (Sq.Ft.) Units Above Unit Type Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 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 at least 42 inches in height. (2) Common Open Space. 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 or parking areas, or area required for front or street side yards. 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. (3) A portion of the private open space requirement, not to exceed 50 percent, may be on open decks above the second story upon approval of a conditional use permit by the Zoning Administrator or Planning Commission, provided that no portion of such a deck shall exceed the height limit. (4) The Director or Zoning Administrator also may allow the open space requirement to be reduced to 10 percent of the livable area per unit for projects with less than 10 units that are within walking distance of 1,000 feet of a public park or the beach. Chapter 210 210-11 10/3/94 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (continued) (P) Balconies and Bay Windows. Balconies and bay windows may project into required yards and usable open space, subject to Section 230.68 and the following limitations: (1) 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 yards. (Q) Upper-story Setbacks. In the RM, RMH, and RH districts, the covered portion of all stories above the second shall be setback an average of an additional 10 feet from the second floor facade. average 10'setback 0 D � 0 DD QD D 00 OD 0 � D � 00 210-UPSS.PCX UPPER STORY SETBACK (R) Required Landscaping Ad-joining Streets. At least 40 percent of all visible portions of a required front or street side yard adjoining a street shall be a planting area. All subdivisions shall provide a minimum five foot (5) 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. (S) Li htin . A lighting system shall be provided in all multifamily 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. Chapter 210 210-12 10/3/94 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (continued) (T) 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) Decks. Decks on waterfront lots may project 5 feet beyond the bulkhead or bulkhead line extended, provided that side yard setback required for the main dwelling are maintained. (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 yard 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 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 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 percent transmission of light and visibility through the structure in each direction when viewed from any angle. (continued on next page) a Chapter 210 210-13 10/3/94 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (continued) (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. Bulkhead Solarium Projecting deck 2 1/2' Max. 5450 45 1 • T_ • 5' min. house 5 min. . Property line I 21 D-14b.CDR WATERFRONT LOT PROJECTIONS (U) Garage. 20 feet front entry; 10 feet side entry; 5 feet rear entry; 25 foot turning radius required from garage to the opposite side of accessway. (V) Zero Side or Rear Yard. (1) A zero interior side yard setback may be permitted provided that the opposite side yard setback shall be twenty (20%) percent of lot width, minimum of five (5) feet, need not exceed ten (10) feet, or a zero rear yard setback may be permitted provided that the opposite rear yard setback for the adjacent lot shall be either zero or a minimum of ten (10) feet, and subject to the following requirements: (a) The lot adjacent to the zero setback side yard or rear 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. Chapter 210 210-14 10/3/94 (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 reqired 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 yard separation between the structure and any structure on an adjacent lot shall either be zero or a minimum of five (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. (2) Double zero side yards may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12B. 210.08 Development Standards for Senior Projects This section establishes development standards for the Senior Projects that may be permitted by the Planning Commission for the construction of a senior residential project. A. Minimum Floor Area.per Dwelling Unit. 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. 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 1. Private Open Space: A minimum of 60 square feet for studios or one bedroom units and 120 square feet for two or more bedrooms, with a 6-foot minimum dimension. 2. Common Open Space: 2,500 square feet plus 50 square feet for each unit over 50. 3. Community Club House: An enclosed community or clubhouse facility containing 7 square feet per unit, with a minimum of 400 square feet, may provide up to 50 percent 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. Q Chapter 210 210-15 10/3/94 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (continued) 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 or the Zoning Administrator 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 supplement 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. 01 Chapter 210 210-16 10/3/94 • 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 buldings 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 o the developemnt. 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 srvices. 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 manufactured home parks. A. Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows: Front 5 feet Sides 10 feet aggregate, minimum 3 feet on any side Rear 5 feet B. Each space shall be provided 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 twenty(20) foot wide landscaped berm or a ten foot wide landscaped area and a six foot high wall shall be located at the minimum front setback line. E. A boat of trailer storage area shall be provided and screened from view by a six foot high fence or wall. F. Each individual mobilehome space shall be permitted a maximum of 75% site coverage. p p g 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: Chapter 210 210-17 10/3/94 A. Zoning Administrator Review. Projects on substandard lots; projects with 1-4 units adjacent to arterial highway; projects with 5 - 9 units; projects requiring a conditional use permit from the Zoning Administrator; see Chapter 241. B. Design Review Board. Projects within redevelopment project areas, areas subject to specific plans and projects within 500 feet of a PS District; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; projects with 10 or more units; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Chapter 210 210-18 10/3/94 ATTACHMENT 4 MAXI MUM ALLOW��,.� TY1la - STORY HOMS,6P. ON FLAT LoT6P 1 N THE K I ZO NS Ilk } l� V4 ��UfR�s GO�IDITION�kI, U�� 1•'�IzMIT' AVMYAL, VIANNIK4 C0MMI�ht0N ALLOWAIN.9 15UILwPlt46r HIF-I&H'r 50$Z Ewa • STORE HOME ON FLAT LOTx.,p I N THE K I ZONE Id CoWPITIOWAL use p��t iT qq A �- s ,� N GOfaDITIONAL ?F-DRP�a'P COW AMOWM t,% r 11 qy ATTACHMENT 5 ... ......... ........ .... .............. ..... .............. ..... ...- luntigton Beach Aepamentot Cvmmn�iy Aeveltiprnent TO: Planning Commission FROM: Howard Zelefsky, Planning Director BY: Scott Hess, Senior Planner/2A— DATE: August 23, 1994 SUBJECT: CODE AMENDMENT NO. 94-3 (CONTINUED FROM THE DULY 26, 1994 PLANNING COMMISSION MEETING) LOCATION: City-wide STATEMENT OF ISSUE: Code Amendment No. 94-3 represents a request by the City to amend Article 911, Low Density Residential, of the Huntington Beach Ordinance Code by deleting Section 9110.1.c.2, which requires a conditional use permit for new construction and additions to two-story, single family residences that are between 25 feet and 30 feet in height. Presently, there are six (6) categories for reviewing single family residential developments based upon building height and number of stories in the RI zone. This code amendment results in two (2) categories for review. Two-story residential structures up to 25 feet in height, and from 30 feet - 35 feet in height are permitted administratively. This code amendment would eliminate the conditional use permit requirement gap for two-story structures between 25 feet and 30 feet resulting in allowing for ministerial approval of all two-story structures up to 35 feet in height. On July 26, 1994, the Planning Commission continued this item and directed staff to prepare an alternative ordinance that would require a Use Permit application for any single family residence that is 30'-35' in height. Staff is recommending the Planning Commission approve staffs original request to delete any requirement for discretionary review for a single or two-story residence up to 35' in height. RECOMMENDATION: Motion to: "Approve Code Amendment No. 94-3 as originally requested by staff with findings and forward to the City Council for adoption." . ANALYSIS: At the July 26, 1994 Planning Commission meeting, the Huntington SeacliffHomeowner's Association submitted a letter requesting that the code amendment be revised to reflect the general requirement for a Conditional Use Permit for any residence 25'-35' in height. They are concerned about the compatibility of any new structure over 25' in height with adjacent residences. Subsequently, the Planning Commission voted to continue this item and directed staff to prepare an alternative ordinance requiring a Use Permit for single family residences 30'-35' in height. Staff does not-support any requirement for discretionary review of any single family residence that is up to two-stories, and up to 35 , in height for the following reasons: 1. The discretionary review process would be costly to homeowners prior to obtaining building permits, due to the time involved for staff review and public notification requirements. 2. The public hearing does not mean that all issues will be resolved; neighbors who complain may never agree to compromise. 3. The existing code includes provisions limiting second story plate height to less than 25', which restricts window heights and includes a requirement for a pitched roof if the residences exceeds 30' in height. 4. The process would discourage the rehabilitation of existing homes in the City. 5. The process would limit architectural flexibility. 6. It will increase staff workload to process additional entitlements. ALTERNATIVE ACTION: A. The Planning Commission may approve Code Amendment No. 94-3 requiring a Use Permit for single family residences with a roof height of 30'-35' with findings. B. The Planning Commission may deny Code Amendment No. 94-3 with findings. Staff Report - 8/23/94 2 (pcsr077) ATTACHMENTS: 1. Findings for Approval (Staff Recommendation) 2. Draft Ordinance (Staff Recommendation) 3. Legislative Draft (Staff Recommendation) 4. Findings for Approval (Use Permit Alternative) Pla„nin� COwwiss,o,n 4�p(bva� 8. Planning Commission Staff Report dated May 17, 1994 9. RCA dated May 18, 1992 (includes Ordinance No. 3152) 10. Legal opinion on height limitations from Gail Hutton dated April 28, 1994 11. Maximum allowable building height for two-story homes on flat lots in the R1 zone (Exhibit) 12. Method for measuring building height for two-story homes on flat lots in the R1 zone (Exhibit) 13. Letter from President of Huntington Beach/Fountain Valley Association of Realtors dated May 16, 1994 14. SH:ss Staff Report - 8/23/94 3 (pcsr077) i • ATTACHMENT NO. 1 FINDINGS FOR APPROVAL CODE AMENDMENT NO. 94-3 FINDINGS FOR APPROVAL- CODE AMENDMENT NO. 94-3: 1. The proposed code amendment to delete Section 9110.1.c.2 of the Huntington Beach Ordinance Code will eliminate a conflict in the code. Presently, additions and new construction of two-story single family residences zoned R1, Low Density Residential, may be constructed up to 25 feet and from 30 to 35 feet in height by administrative approval. A conditional use permit (with public hearing) is required if the structure is between 25 feet and 30 feet in height (Section 9110.1.c.2). This code amendment will permit all two-story residences up to 35 feet in height to be built, or added to, by administrative approval. 2. The proposed code amendment to delete Section 9110.1.c.2 of the Huntington Beach Ordinance Code is consistent with the Low Density Residential designation in the Land Use Element of the General Plan. The code amendment does not change the allowable density for the designation and it does not change the maximum allowable height for single family residence structures in the R1 zone. =MIM Attachment - 8/23/94 (pcsr077/4-5) ETAF �P: M(`d- DDA—PC)N L�'i=T ORDINANCE NO. AN ORDINANCE OF THE-CITY OF HUNTINGTON BEACH AMENDING ARTICLE 911, LOW DENSITY RESIDENTIAL DISTRICT (RI) OF THE HUNTINGTON BEACH ORDINANCE CODE WHEREAS, the City of Huntington Beach desires to eliminate a conflict in the code regarding the review process for buildings 25 feet - 30 feet in height within the Low Density Residential District (R1). WHEREAS, the Huntington Beach Ordinance Code allows for administrative . approval for new construction and additions to single family residences in the RI zone that are one (1) and two (2) stories high, and up to 25 feet in height, or between 30 feet and 35 feet in height to the roof ridgeline; and The Huntington Beach Ordinance Code further requires a conditional use permit for . new construction and additions to single family residences in the Rl zone that-are one (1) and two (2) stories high, and between 25 feet and 30 feet in height to the roof ridgeline. NOW, THEREFORE, the City Council of the City.of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Ordinance Code, Article 911, is hereby amended by deleting Section 9110.1.c.2. SECTION 2. The Huntington Beach Ordinance Code, Article 911, is hereby amended by renumbering Section 9110..1.c3 to 9110.1.c.2. SECTION 3. The Huntington Beach,Ordinance Code, Article 911, is hereby amended by renumbering Section 9110.1.c.4 to 9110.1.c.3. SECTION 4. This ordinance shall take effect 30 days after its adoption. (pcsro44-6) PASSED AND ADOPTED by the City Council of the city of Huntington Beach at a regular meeting thereof held on the - day of 1994. _ Mayor ATTEST: APPROVED AS TO FORM: REVIEWED A-�TD APPROVAL: INITIATED AND APPROVED: City Administrator Director of Community Development Qxsr044-7) Z ac r� .nance CoL_ ELT( '- c 'T" Huntington Bede 9110--9110.2 al tOW-DENSITY RESIDENTIAL DISTRICT (Rl) (495-6/46., 556-2/50, 731-10/59, 810-1/61 , 940-1 /63, 961-6/63,- 1077-9/64, 1110-2/65, 1120-2/65, 1189-4/66, 1194-5/66, 1212=7/669 1377-1/67, 1469-3/69, 1492-5/69, 1512-8169, 1533-11 /69, 1553-3/70, 1608-11/70, 1705-2172, 1754-7/72, 1952-2/75, 1953-2/75, 2110-10/76, 2115-.1.1/76, 2166-3/77, 2373-9/79, : 2411-2/80, 2560-7/72, 2580-11 /821 2680-3/84, 2735-12/84, 2837-7/86, 3055-11/90, 3090-2/91 , 3152-7/92) Sections... ... 9110 General provisions 9110. 1 Permitted uses 9110.2 Minimum parcel size/frontage 9110.3 Maximum density/intensity 9110.4 Building Height/Maximum building height 9110*5 Maximum site coverage 9110.6 Setback (front yard) 9110.7 -Setback (side yard) 9110.8 Setback (rear yard) 9110.9 Open space 9110.10 Parking 9110.11 Miscellaneous requirements 9110 General provisions. -The low density. residential district (R1 ) is. intended to be the most restrictive residential zone in terms of population density..and' in the requirements for. light, air' ventilation, and open space for _ each individual lot. (2837-8/86) 9110.1 Permitted uses. The following subsections list permitted uses and . the approval process for each one: (a) Building permit. Single family dwellings and accessory. buildings which are permanently located on a parcel shall be subject to the issuance of a building permit. Tents , trailers, vehicles , or temporary structures shall not be used for dwelling purposes. (b) Plan review. Zero side or rear yard setbacks shall be subject to plan review- approval by the Director pursuant to. Section 9110.8(a) . (c) Conditional use permit. The following uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: (1 ) Planned residential developments pursuant to Article 915. (2) (,8') Unclassified uses pursuant to Article 963. (3) (/ Second unit additions pursuant to Section 9110.3. (2837-8/86) 9110.2 Minimum parcel size/frontage. A licensed land surveyor or civil engineer shall submit calculations showing lot width, depth, and area- for any new parcel . 7/92 � . F. 9110.2(a)--9110.3(f, Huntingt,_.. Beach Ordinance Cod (a) The minimum lot size shall be six thousand (6,000) square feet. " (b) The minimum lot frontage shall be sixty (60) feet; however, the minimum ;; required for cul—de—sac and knuckle ._lots shall be forty—five (45) feet. Lot frontage shall I be calculated as outlined in the Definitions'"section. (c). Fxce2tion for averaging. The minimum lot size may be reduced to`- five;: thousand (5,000) square feet and/or the minimum lot frontage may be:� reduced to fifty (50) feet if the lot is part of up to six" (6) -contiguous lots under the same ownership at the time of subdivision which, when averaged. meet the minimum Tot size and frontage requirements. Provided `" "' `- further that none of the" lots in the group shall be used to compute the average for any other group of lots. (d) Exceptions for lots created prior to code. (1) An individual lot which does not conform to the minimum lot area or frontage requirement shall be considered a legal building site if it was legally created prior to the effective date of Ordinance 495 (June 5, 1946) and which since that date has not been held in common ownership with any other lot with which it could have been merged. (2) A parcel of land under one ownership consisting of two (2) or more lots with less than five thousand (5,000) " square feet each, if legally created prior to the effective date of Ordinance 495 (June 5, 1946) shall be considered- a legal building- site if the total- square footage of the lots is a minimum of five thousand .(5;000) square feet and the . Parcel. abuts a dedicated street or vehicular easement. " (2837-8/86) ,J 9110.3 Maximum density/intensity. The maximum density shall not exceed one (1) dwelling unit per lot. Exception: a second unit may be added to an existing single family residence. upon approval of a conditional use permit subject to the following standards: (a) The applicant shall be an owner occupant. (b) The minimum lot size shall be six thousand (6,000) square feet. (c) The second unit shall be attached- to the main dwelling in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the- second unit shall not be visible from the street in front of the residence. (d) The maximum square footage of the second unit shall be six hundred fifty (650) square feet nor shall it exceed one (1 ) bedroom. (e) The •second unit shall not be sold separately from the' main dwelling. (f) Four (4) total on—site parking spaces (nine (9) by nineteen (19) feet in size) shall be provided, two (2) of which maybe unenclosed, uncovered and arranged in tandem with the existing spaces. Unenclosed spaces shall be located on the driveway apron or on a paved area between the driveway and the nearest side property line. Recreational vehicle storage shall not be permitted within any required parking space. 7/92 FOHuntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 3 August 26, 1994 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: CODE AMENDMENT NO. 94-3 (CONTINUED FROM THE JULY 26, 1994 PLANNING COMMISSION MEETING) REQUEST: To amend Article 911, Low Density Residential, of the Huntington Beach Ordinance Code as follows: 1) delete the requirement for a conditional use permit for single family residences that are 25 feet to 30 feet in height; and 2) require a use permit for residences that are 30 feet to 35 feet in height. LOCATION: City Wide DATE OF ACTION: August 23, 1994 FINDINGS FOR APPROVAL- CODE AMENDMENT NO. 94-3: 1. The proposed code amendment to amend Article 911 of the Huntington Beach Ordinance Code will allow public hearings for compatibility concerns to be addressed for residences 30- 35 feet in height. Presently, additions and new construction of two (2) story single family residences zoned R1, Low Density Residential, may be constructed up to 25 feet and from 30- 35 feet in height without benefit of the public hearing process. A conditional use permit (with public hearing) was required only if the structure was between 25 and 30 feet in height (Section 9110.1.c.2). This code amendment will permit all two (2) story residences up to and including 30 feet in height to be built, or added to, by administrative approval; (no public hearing); and will require a use permit (with public hearing) for residences 30-35 feet in height. 2. The proposed code amendment to amend Article 911 of the Huntington Beach Ordinance Code is consistent with the Low Density Residential designation in the Land Use Element of the General Plan. The code amendment does not change the allowable density for the designation and it does not change the maximum allowable height for single family residence structures in the R1 zone. (pcc1014-8) , ! I hereby certify the Code, �nendment No. 94-3 was approved by i„e)Planning Commission of the City of Huntington Beach on August 23, 1994 upon the foregoing findings and will be forwarded to City Council with recommendation for adoption. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Cott ess Senior Planner Review by: z Pl nning Commissioner (pcc1014-9) Huntington Beach Department of Community Development STAFF REPORT EXECUTIVE SUMMARY MAY 17. 1994 CODE AMEND%ENT NO. 94-3 (City-Aide) Code Amendment No. 94-3 represents a request by the City to amend Article 911, Low Density Residential, of the Huntington Beach Ordinance Code by deleting Section 9110.1.c.2, which requires a conditional use permit for new construction and additions to two-story, single family residences that are between 25 feet and 30 feet in height. Presently, there are six (6) categories for reviewing single family residential developments based upon building height and number of stories in the R1 zone. This code amendment results in two (2) categories for review. Two-story residential structures up to 25 feet in height, and from 30 feet - 35 feet in height are permitted administratively. This code amendment would eliminate the conditional use permit requirement gap for two-story structures between 25 feet and 30 feet resulting in allowing for administrative approval of all two-story structures up to 35 feet in height. Staff is recommending approval of the code amendment because of the foilo-'N ing: The proposed code amendment will clean-up an inconsistency in the code. It will eliminate an extreme review process (conditional use permit) for two-story residential structures that are between 25 feet and 30 feet in height. It will permit administrative approval of all two-story residential structures (new and additions) up to 35 feet in height which is consistent with the intent of the 1992 code amendment relative to building height. - TO: Planning Commission FROM: Howard Zelefsky, Planning Director BY: Scott Hess, Senior Planner DATE: May 17, 1994 SUBJECT: CODE AMENDMENT NO. 94-3 APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To amend Article 911, Low density Residential, of the Huntington Beach Ordinance Code by deleting Section 9110.1.c.2. LOCATION: City-wide DATE ACCEPTED: April 29, 1994 ZONE: RI (Low Density Residential 1.0 SUGGESTED ACTION: Motion to: "Approve Code Amendment No. 94-3 with findings and forward to City Council for adoption." 2.0 GENERAL INFORMATION: Code Amendment No. 94-3 represents a request by the City to amend Article 911, Low Density Residential, of the Huntington Beach Ordinance Code by deleting Section 9110.1.c.2, which requires a conditional use permit for new construction and additions to single family residences that are between 25 feet and 30 feet in height. Staff Report- 5/17/94 1 (pcsr044) 3.0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 20, of the City Council Resolution No. 4501 adopted pursuant to the California Environmental Quality Act. 4.0 COASTAL STATUS: Not applicable. 6.0 REDEVELOPMENT STATUS: Not applicable. 7.0 SPECIFIC PLAN: Not applicable. 8.0 SUBDIVISION COMMITTEE: not applicable. 9.0 ISSUES AND ANALYSIS: There is an inconsistency in the zoning code relative to the review process for additions to, or new construction of, single family residences in the RI zone when the building exceeds 25 feet in height and/or is three (3) stories. Whether the structure can be approved administratively, by use permit, or by conditional use permit depends upon its height and number of stories. The following table represents six (6) categories for review of single family residential development (based on height and number of stories) in the R1 zone: BUILDING HEIGHT: STORIES. REVIEW PROCESS: -Up to and including 25 feet Up to 2 stories Administrative Approval 3 stories Use Permit Over 25 feet and less than 30 Up to 2 stories Conditional Use Permit* feet 3 stories Use Permit 30 feet - 35 feet Up to 2 stories Administrative Approval 3 stories Use Permit *Proposed code amendment changing to Administrative approval. C Staff Report- 5/17/94 2 (pcsr044) The proposed code amendment deletes the reference for a conditional use permit for residential structures between 25 feet and 30 feet in height. It does not change the overall allowable height, method for measuring height, or process and requirements for three (3) story structures. The following table represents the review process as a result of the proposed code amendment: BUILDING HEIGHT:; STORIES: ,REVIEW PROCESS: Up to and'35 feet Up to 2 stories Administrative Review 3 stories Use Permit The review process is streamlined, and easier to understand. It creates two (2) categories for review rather than six (6). Background From 1986 to the most recent amendment (1992) to the Huntington Beach Ordinance Code, the following standards for building height applied (see Attachment Nos. 4 & 5): Building height (average) was limited to 25 feet and the highest point of the roof could not exceed 30 feet, and two stories (Section 9110.4). Building height (average) between 25 feet and 30 feet and/or three (3) stories could be permitted pursuant to approval of a conditional use permit by the Planning Commission (Sections 9110.1.c.2 which references S.9100.4.a). The highest point of the roof could then be 35 feet (Section 9080.22 Building Height). In 1991,F.the City Council created a Harbour Code Committee to establish new standards and procedures for approving third stories in the Rl zone as well as modifying standards for building height. Their recommendations were forwarded as a Code Amendment to the Planning commission. In February, 1992, the Planning Commission approved Code Amendment No. 91-9 establishing a new building height dimension, building height definition, and standards and a process for permitting a third story for residences in the R1 zone. In May 1992, the City Council reviewed the code amendment report dated May 18, 1992 which included a discussion that the allowable building height be increased from 25 feet to 35 feet (Page No. 3 of Attachment No. 6). Subsequently, Ordinance No. 3152 was adopted which established the following standards for three (3) stories and building height definition that are currently in effect based upon the Committee and Planning Commission's recommendations:., Building height limited to 35 feet and two (2) stories (Section 9110.4.b.3) with two (2) caveates (Section 9110.4.b.1 and Section 9110.4.b.2). The 35 feet is to be measured to the highest roof ridgeline; no portion of the roof can exceed 35 feet (Section 9110.4.a). Third stories could be permitted subject to a use permit approved by the Zoning Administrator and subject to the specific design standards (Section 9110.4.c). _ 8 � Staff Report- 5/17/94. 3 (pcsr044) The intent of the ordinance was to regulate three-story structures and allow two-story structures up to 35 feet in height. However, when the.actual changes were made to the Ordinance Code, it was realized that the adopted Ordinance did not address Section 9110.1.c.2, Permitted Uses, that requires a conditional use permit for buildings with a height of 25 feet -30 feet. This resulted in a conflict because two-story houses less than 25 feet in height or 30 feet - 35 feet could be approved administratively. Yet, if the house were between 25 feet - 30 feet in height, a conditional use permit was required. Staff was aware of the conflict in 1992 but did not process a subsequent amendment because the Department was in this process of updating the entire Huntington Beach Ordinance Code (Division 9 Rewrite). It was determined that the most efficient method for deleting the reference for a conditional use permit was to address it with the update. There is no reference to the conditional use permit process in the revised Huntington Beach Ordinance Code (Division 9 rewrite) which has been approved by the Planning Commission and is pending before the City Council. For the last two (2) years, the Department has been reviewing single family residential development plans (additions and new construction) for conformance with the building height requirements, Section 9110.4 of the Huntington Beach Ordinance Code, with the interpretation that a conditional use permit is not required for any two-story residential building up to 35 feet in height based upon the intent and philosophy of the 1992 ordinance change. If the building is three stories, then a use permit is required pursuant to Section 9114.4.c which specifies certain development standards for the third level portion. Recently, a legal opinion from the City Attorney's Office was prepared which identifies the conflict in the code and recommends that the City require a conditional use permit for buildings between 25 feet and 30 feet in height pursuant to Section 9110.1.c.2. They further recommend that the City initiate a code amendment to resolve the matter. Since the Division 9 rewrite code amendment is a few months away from being adopted by the City Council and there are pending two-story single family residential structures that are impacted by this legal opinion, staff has expedited the processing of this code amendment. There are some single family residential homeowners and developers who want to build a home, or add to their home, with a height that falls within this height range. Their options are to revise their plans by reducing the height to 25 feet or less, increasing the height to between 30 feet and 35 feet, wait for this code amendment to be considered and adopted by the City Council, or apply for a conditional use permit which would take almost as much time as this code amendment. The Planning Commission has established a subcommittee to evaluate design standards for development of in-fill lots (vacant property surrounded by existing developments). Their conclusions regarding design standards will be forwarded to the Commission when completed. Summary The proposed code amendment will resolve an inconsistency in the zoning code, created in 1992, relative to the review process for additions and new construction of single family residences that exceed 25 feet in height, and it will streamline the review process. It will complete the intent of the 1992 amendment by permitting two-story structures up to 35 feet in height to be approved administratively and allow for greater design flexibility (varied ceiling heights, varying roof Q� Staff Report-5/17/94 4 (pcsr044) CJ pitches, etc.). It is extreme and illogical to require a conditional use permit for single family residences that are 25 feet to 30 feet in height. The Planning Commission has reviewed and approved the Division 9 Rewrite which-included the change proposed by the code amendment. Based upon the aforementioned and the City Attorney's recommendation, staff is recommending approval of the code amendment. 10.0 RECOMMENDATION: 1. Staff recommends that the Planning Commission approve Code Amendment No. 94-3 with findings and forward to the City Council for adoption. FINDINGS FOR APPROVAL- CODE AMENDMENT NO. 94-3: 1. The proposed code amendment to delete Section 9110.l.c.2 of the Huntington Beach Ordinance Code will eliminate a conflict in the code. Presently, additions and new construction of two-story single family residences zoned R1, Low Density Residential, may be constructed up to 25 feet and from 30 to 35 feet in height by administrative approval. A conditional use permit (with public hearing) is required if the structure is between 25 feet and 30 feet in height (Section 9110.1.c.2). This code amendment will permit all two-story residences up to 35 feet in height to be built, or added to, by administrative approval. 2. The proposed code amendment to delete Section 9110.1.c.2 of the Huntington Beach Ordinance Code is consistent with the Low Density Residential designation in the Land Use Element of the General Plan. The code amendment does not change the allowable density.for the designation and it does not change the maximum allowable height for single family residence structures in the RI zone. ..,11.0 ALTERNATIVE ACTION: The Planning Commission may deny Code Amendment No. 94-3 with findings and forward to the City Council. ATTACHMENTS: 1. Draft E)rdinanee 3. Legal apir�an on height lintitations &em Gail I Itittan dated April 28, 1994 4. Mayifnum allawable building height fe; twe stef), hemes en flat lots in the R! eene (Ex4ibit� S. Methed feF Fneasur-ing building height fbr-twe stef-y hemes en flat lets in the4:�-� (EM41i it SH:kj1 Staff Report -5/17/94 5 (pcsr044) REQUL,!� FOR CITY COUN%-..#.-4 ACTION Date May 18 , 1992 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Michael Adams , Director of Community Development ` Subject: CODE AMENDMENT NO. 91-9 9 (THIRD STORIES AND BUILDING HEIGHT DEFINITION IN R1 ZONE) Consistent with Council Policy? [ J Yes [ J New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Code Amendment No . 91-9 is a request to amend Article 911 (Low Density Residential) to establish more restrictive standards for the approval of third story components of single family homes . The new standards would be applicable in the R1 (Low Density Residential) zoning district City-wide . The code amendment will also amend Article 908 (Definitions) to establish a new definition for building height in the R1 zone . The recommendations contained in Code Amendment No . 91-9 were generally formulated by the Harbour Code Committee which was created by the City Council in response to concerns regarding new third story construction in Huntington Harbour . The Code committee was comprised of City staff members , Planning Commissioners and residents of Huntington Harbour . RECOMMENDATION: Motion to : "Approve Code Amendment No . 91-9 with findings by adopting Ordinance No . Planning Commission Action of February 4 1992 • A MOTION WAS MADE BY BOURGUIGNON, SECONDED BY KIRKLAND TO APPROVE CODE AMENDMENT NO. 91-9 WITH FINDINGS BY THE •FOLLOWING VOTE: AYES : Bourguignon, Kirkland, Detloff , Leipzig, Richardson, Shomaker NOES : None ABSENT: Newman ABSTAIN : None A��MEmT N.0, q • • ANALYSIS: Due to on-going conflicts regarding third story additions in Huntington Harbour, the City Council formed a Harbour Code Committee to review the City Zoning code . The committee was charged with preparing recommendations for code amendments which would resolve the third story issues . After several months of meetings , the committee prepared a set of amendments to the zoning code which would further regulate third story additions in the R1 (Low Density Residential) zone as well as modify standards for setbacks , architectural projections , fencing and heights . Those proposed amendments were forwarded to the City Council for review and direction on August 19 , 1991 . At that time, the Council directed that the standards pertaining to third stories be separated out for processing as a code amendment at this time . The primary issue upon which the Code Committee focused was whether or not third story additions should be permitted in the R1 zone, and if so , how large should they be . The zoning code presently allows third stories subject to the approval of a conditional use permit by the Planning Commission . The Commission must take into account issues of compatibility with surrounding uses , but may permit third stories with no pre-established standard for design. The Code Committee determined that rather than prohibiting third stories entirely, they should be permitted subject to new restrictions on design . Such restrictions would be intended to minimize the obtrusiveness of the third stories and maximize compatibility with surrounding one ( 1) and two (2) story buildings . The Code Committee further determined that with their recommended standards for third floors the conditional use permit process could be granted by the Zoning Administrator . Five (5) new requirements were established by the committee in order for the Zoning Administrator to approve third floors : 1 . Compliance with the height standards of the code . 2 . Habitable area above the second story plate line to be within the confines of the roof volume, with two exceptions : a . Dormers , decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five (5) feet from the building exterior . b. Windows and deck areas above the second story plate line shall open onto public rights-of-way only. 3 . Exterior stairways between the ground floor and a third floor to be prohibited . RCA 5/18/92 -2- (3245d) • • 4 . Access to third floors to be from within the Main Dwelling and consistent with interior circulation . 5 . Notification of abutting property owners .. The Code Committee felt that the above standards will effectively limit the size and use of third floor areas to a point where they will be compatible with the majority of surrounding uses . By confining third floor areas to within the second story roof volumes , they will appear no different than normal two story homes . Limiting decks and balconies to yards facing public rights-of-way (typically front yards , exterior side yards and rear yards facing public water-ways) will also protect the privacy of neighbors on either side of the home . Apart from standards for third floors , the committee also addressed the methodology by which building height is measured in the R1 zone . The present methodology requires measurement to the mid-point of a pitched roof . The committee felt it would be simpler to measure from the slab to the top of the highest roof feature . They . also recommended that allowable height in the R1 zone be increased from--25 feet to 35 feet . is ange was a owe with the additional provisions that buildings over 30 feet in height have a minimum 5/12 pitch roof , that the second story plate height not exceed 25 feet and that any habitable area above the second story plate line require approval of a Use Permit by the Zoning Administrator . The current code allows 25 feet to the mid-point plus five ( 5) feet to the highest. point , as well as five (5) additional feet with Conditional Use Permit approval . The Committee felt that this simplified method of measuring height would allow greater architectural flexibility without the need to resort to some of the "tricks" which are utilized under the current definition . Under the current methodology, taller midpoint heights are achieved by extending eaves and modifying roof pitches . The new height methodology would allow the same overall maximum roof height with a simpler and more understandable means of measuring it . How the highest point of a building is defined , however , is only part of the current height methodology. Equally important is determining where on the ground the base elevation is taken. This base elevation is typically known as a reference datum. Under the current code , datum is determined in one of two ways , depending upon lot gradient . Datum is the highest adjoining sidewalk or ground surface when such location is less than four (4) feet ahnve lowest grade. Conversely, datum is established four (4 ) feet. ,cove lowest grade when the highest adjoining sidewalk or ground surface is more than four (4 ) feet above lowest grade . . q C RCA 5/18/92 -3- (3245d) 'rhe Committee felt that this was a complicated and confusing methodology for determining a reference datum. The Committee, instead determined to simplify the methodology by recommending the following : ( 1) Datum (100 shall be set at the highest point of the curb along the front property line . If no curb exists , datum shall be set at the highest centerline of the street along the front property line. (2) The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works . In the event that any subfloor , stem wall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height . (3 ) Lots with a grade differential of three (3 ) feet or greater between the high point and the low point , determined before rough grading , shall be subject to Use Permit approval . Use Permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development . The Committee felt that this method of selecting a datum would be simpler than the existing method, while at the same time providing protection for homes adjoining sloped lots . Staff concurs with. the new methodology. This Code Amendment is only intended to address building heights "in the R1 zoning district at this time. If the new methodology proves with time and experience to be workable, staff anticipates incorporating the height definition into the other zoning districts in the City. This would be best accomplished in conjunction with the ongoing Division 9 rewrite . Staff would anticipate adding the definition to the rewrite within the next year . FUNDING SOURCE: No funds required . ALTERNATIVE ACTION: The City Council may modify the standards of the Code Amendment , direct - further Code Committee review of the document or deny the Code Amendment .-- . -- ATTACHMENTS. . 1 . Findings for Approval 2 . Legislative Draft 3 . Ordinance No . 4 . Findings for Denial ' MTU:MA:HS : lp RCA 5/18/92 -4- (3245d) J ATTACHMENT NO, 1 FINDINGS FOR APPROVAL CODE AMENDMENT NO, 91-9 FINDINGS FOR APPROVAL - CODE AMENDMENT N0, 91-9 ; 1 . The proposed Code Amendment No . 91-9 to regulate third stories in the R1 district and redefine Building Height is necessary to promote and protect compatibility of land uses . 2 . The proposed Code Amendment No . 91-9 to regulate third stories in the R1 'district and redefine Building Height is consistent with the objectives and standards of the Huntington Beach Ordinance Code which are intended to maximize compatibility of land uses . 3 . The proposed Code Amendment No . 91-9 t'o regulate third stories in the R1 district and redefine Building Height is consistent with the goals and objectives of the Huntington Beach General Plan which are to encourage and maintain a well balanced variety of residential densities and uncrowded living environments . 4 . The proposed Code Amendment No. 91-9 to regulate third stories in the R1 district and redefine Building Height was prepared by committee at the direction of the City Council . 3245d-5 LEGISLATIVE DRAFT (New text is in bold type) Article 908 - Definitions 9080 . 22 Building height . The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof . F6ZI tH�/SYri��r�/Fz�RStX�/Kd�trdr�ritt�X/Dt�tr`tr�t/dr�T�l/tH�/Ht�JH�gt/�dX�*t/ df/�zf�/feSeSf/�Hz�XZ/ridf/k5�/�id��/t`}�Zri/f i'��/Y�d�/z��Sd��/FHr�/�'��Y�`��`✓ r�fR�Ytteel/H�teJHt! The reference datum shall be selected by either of the following , whichever yields a greater height of building : ( 1) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than four (4 ) feet above the lowest grade. (2) An- elevation four (4 ) feet higher than the lowest grade when the. sidewalk or ground surface described in ( 1) above is more than four (4 ) feet above lowest grade . (2846-8/86 , 2836-6/86) For the Single Family Residential District (R1) only, building height shall be as defined in Section 9110 .4 . 9110 .4 Building Height/Maximum Building Heiaht . D AY_ZPftZP6 J��ft�df rid/H�i'�Ht/gH�XX/��/zI�/f d��6t4$,t DI�Xri/di4�XXi'riJ T�4L6rfty/ft) ItZS f LAtlxlr 3/;dXkXRSZRS -_, - Xdr����df�/ld�ttXelt�'S�J Ftftr��ri/.(XS�'/feet (a) Building Heiaht _ Building height shall be defined as a vertical dimension measured from the top of the highest roof ridgeline to the top of the subfloor/slab directly underneath. In addition, the following standards shall apply: (1) Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be at the highest centerline of the street along the front property line . Q Q SLk 4/92131 1 (2) The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works . In the event that any subfloor, stemwall or footing is proposed greater than. two (2) - feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height . (3) Lots with a grade differential of three (3) feet-or =. s greater between the high point and the low point , determined before rough grading, shall be subject to Use Permit approval . Use Permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development . (b) Maximum Building Height (1) Second story plate height shall not exceed 25 feet above top of subfloor/slab. (2) Roofs shall have a minimum 5/12 pitch, if building height exceeds thirty (30) feet . (3) Maximum building height for Main Dwellings shall be thirty-five (35) feet . ( i) Habitable area including rooftop decks and balconies above the second story plate line shall require approval of a Use Permit . (4) Maximum building height for Accessory Buildings except detached garages , shall be fifteen (15) feet . Detached garages shall be designed to be compatible with the Main Dwelling. ��Y�i3Y,l//Z'x�/PX�rirlYrf�/Qd�t�cSt��Ys�ri/gx�XX/�6rt�Yel�f/xx�/YdXXd�4Yrfa� (c) Exception by Use Permit To Allow Habitable Area Above The Second Storv. Habitable area above the second story may be permitted subject to the approval of a Use Permit with the following limitations: (1) The building height shall not exceed the height limits as stated in 9110 .4b.' (2) Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions : I 2 (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 in Section 9110 .46 . (ii) windows and deck areas above second story plate line shall open onto public rights-of-way only. (3) Exterior stairways between the ground floor and a habitable area above the second story shall be prohibited. (4) Access to a habitable area above the second story shall be from within the Main Dwelling and shall be consistent with internal circulation . (5) Notification of abutting property owners . The Zoning Administrator shall consider the following guidelines in di eXgi6rf/6ri deciding such a request : ( 1) The proposed building shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents, or on surrounding property values . (2) The location, site plan and building design shall be harmonious and compatible with the streets , driveways, property lines , and surrounding neighborhood . (3) The age and anticipated permanence of buildings cn adjacent properties shall be considered . (4) The Zoning Administrator shall consider any other criteria it deems necessary to preserve the health, safety, welfare and convenience of the neighborhood . -1 3 o i. ORDINANCE NO. 3152 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 908 , DEFINITIONS AND ARTICLE 911 , LOW DENSITY RESIDENTIAL DISTRICT (R1) TO FURTHER REGULATE THIRD STORIES AND DEFINE BUILDING HEIGHT IN THE R1 DISTRICT WHEREAS, the City of Huntington Beach desires to regulate the development of third stories within the Low Density Residential District (Rl) ; and The City Council established a committee to formulate recommendations for a code amendment to regulate third stories ; and The committee has made recommendations for a code amendment to - regulate third stories . NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : SECTION 1. The Huntington Beach Ordinance Code, Articles 908, is hereby amended by amending Section 9080 . 22 thereof to read as follows : 9080 .22 Building height . The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof . The reference datum shall be selected by either of the following, whichever yields a, greater height of building : (1) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than four (4) feet above the lowest grade . (2) An elevation four (4) feet higher than the lowest grade when the sidewalk or ground surface described in ( 1) above is more than four (4) feet above lowest grade . SLk 4/92130 1 For the Single Family Residential District (R1) only, building height shall be as defined in Section 9110 .4 . SECTION 1 . The Huntington Beach Ordinance Code, Articles 911, is hereby amended by amending Section 9110 . 4 to :read as follows : 9110 .4 Building Height/Maximum Building Height . (a) Building Height Building height shall be defined as a vertical dimension measured from the top of the highest roof ridgeline to the top of the subfloor/slab directly underneath. In addition, the following standards shall apply: (1) Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. (2) The differential between top of subfloor and datum shall be a maximum of, two (2) feet as determined by Public Works . In the event that any subfloor., stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height . (3) Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to Use Permit approval . Use Permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is, compatible with adjacent development . (b) Maximum Building Height ( 1) Second story plate height shall not exceed 25 feet above top of subfloor/slab. (2) Roofs shall have a minimum 5/12 pitch.." if building height exceeds thirty (30) feet . (3) Maximum building height for Main Dwellings shall be thirty-five (35) feet . q')SLk 5/92130 2 (i) Habitable area including rooftop decks and balconies above the second story plate line shall require approval of a Use Permit . (4) Maximum building height for Accessory Buildings except detached garages, shall be fifteen ( 15) feet . Detached garages shall be designed to be compatible with the Main Dwelling . (c) .= Egcepti.on by Use Permit Tg Allow Habitable ArQa Above The Second-- Story.- Habitable area above the second story may be permitted subject to the approval of a Use Permit with the following. limitations : (1) The building height shall not exceed the height limits as stated in 9110 .4b. (2) Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions : (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 in Section 9110 .4b. (ii) Deck areas above second story-plate line shall open onto public rights-of-way only and shall not overlook adjacent property. (iii) Windows above the second story plate line shall open onto public rights-of-way. Other windows or openings may be proposed subject to review for compatibility with adjacent property for protection of privacy. (3) Exterior stairways between the ground floor and a habitable area above the second story shall be prohibited , (4) Access to a habitable area above the second story shall be from within the Main Dwelling and shall be consistent with internal circulation . (5) Notification of property owners within 300 feet . The Zoning Administrator shall consider the following guidelines in deciding such a request : (1) The proposed building shall not have � a detrimental effect on the general health, safety, welfare or privacy of surrounding residents , or on surrounding - property values . SLk 5/92130 3 3152 (2) The location, site plan and building design shall be harmonious and compatible with the streets , driveways, -property lines, and surrounding neighborhood. (3) The age and anticipated permanence of buildings on adjacent properties shall be considered. . (4) The Zoning Administrator shall consider any other criteria it deems necessary to preserve the health, safety, welfare and convenience of the neighborhood . section 3 . This ordinance shall take effect 30 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- June , 1992. Mayor ATTES'rr,� APPROVED AS TO FORM: City Clerk �T -City Attorney A , r�� \��,` REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Community ,�S Development -2' SLk 5/92130 4 Jo. 3152 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 the 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 regular meeting therof held on the igt day of Nagy 19 92 and was again read to said City Council at a regular meeting therof held on the • 1st day of June 19 92 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Robitaille, Moulton—Patterson, i,'incnell, Silva, MacAllister NOES: Councilmembers: None ABSENT: Councilmembers: Green, Kelly 1,to-6e Broc--.- y CITY r,,_t � of ;,'k3 City of Councn, do her(•L)> of this ordinarce has Cai!y P►".ot of City Clerk and ex-offi ci o 1 erk 15� /�� of the City Council of the City t accordance v,�thU�e :�:� _���!�-:�; Ty. of Huntington Beach, California Connie J _ Ci"y G6.4, N-"Ci Cte x v�l J. ne CITY OF HUNTINGTON BEACH %1 INTER-DEPARTMENT COMMUNICATION HV%T1vGT0%BEACH TO: MELANIE FALLON. Director of Conuiiunity Development FROM: GAIL HUTTON, City Attorney DATE: April 28, 1994 SUBJECT: Legal Opinion on Height limitation and regulation of third stories in zoning code RLS.94-236 1. BACKGROUND In 1992, the City Council adopted Ordinance N'o. 3152, which amended the city's zoning ordinance regarding single family dwellings. The pertinent changes are found in Sections 9110.4(b)(3) and Section 9110.4(c), which read as follows: 91 10.4(b)(3) Maximum building height for Main Dwellings shall be thirty-five (35) feet. 91 10.4(c) Habitable area above the second story may be permitted subject to the approval of a Use Permit . . . . Many other technical changes were included in Ordinance No. 3152. These technical changes include the way building height was to be defined and measured. Ordinance No. 3152 did not amend Section 9110.1 of the code, which reads as follows: 91 10.1 Permitted uses. The following subsections list permitted uses and the approval process for each one: (a) Building permit. Single family dwellings and accessory buildings which are permanently located on a parcel shall be subject to the issuance of a building permit. Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (b) Plan review. Zero side or rear yard setbacks shall be subject to plan review approval by the Director pursuant to Section 9110.8(a). (c) Conditional use permit. The following uses may be permitted abJect to the approval of a conditional use permit by the Planning Commission: . . . 1 4'.s,O pinion:Residence Height 94-2361,04128!94 �O (2) Building heights between twenty-five (25) and thirty (30) feet and/or third stories pursuant to Section 91 10 4(a). . . : (emphasis added) These inconsistent, different sections have created some confusion, because they apparently provide different standards for single family dwellings. This memorandum is intended to resolve the apparent conflict between the above referenced sections. 2. GENERAL RULES ON STATUTORY CO\STRUCTIOT The key to construction of zoning, statutes is to determine and give effect to the intent of the legislative body. (Sutherland, Statutory Construction, Section 75.07; Terminal Playa Cotp. v. City & Counry of San Francisco (1986) 177 Cal.App. 3d 892, 223 Cal.Rptr. 379.) there . interpretation is required; courts prefer a reasonable construction that produces a workable result, with the whole act considered and all parts and words made operative. (Sutherland, supra, at Section 75.07; Kern River Public Access Committee v. City of Bakersfield(1985) 170 Ca1.App. 3d 1205. 217 Cal.Rptr. 125; Terminal Playa, supra, at 895.) If two statutes are totally irreconcilable, the latter enactment will prevail. (Sutherland, supra, at Section 75.07.) Amendment or repeal by implication is not favored. (Schafer v. Herman (1916) 172 Cal. 338, 155 p. 1084.) 3. THIRD STORIES The first area of conflict concerns the proper approval process for a third story. The two statutes provide different requirements. Section 9110.1(c) requires a conditional use permit (CUP) from the Planning, Commission; while Section 9110.4(c) requires a use permit (UP) from the Zoning _Administrator. These statutes are irreconcilable because the city's zoning, ordinance never y requires both of these approvals for the same project. As stated above, when two statutes are irreconcilable, the latter enactment prevails. Therefore. because the UP rule was adopted after the CUP rule, the UP rule of Section 9110.4(c) is controlling. Further, we note that the section requiring a CUP for third stories contains a reference to another section that has been subsequently amended, vclth the effect of making, the reference nonsensical. (See Section 9110.1(c)(2), which states "third stories pursuant to Section 9110.4(a).") Prior to its 1992 amendment, Section 9110.4(a) stated that a "maximum building height of thirty (30) feet and/or three (3) stories may be permitted subject to the approval of a conditional use permit." Section 91 10.4(a) has been amended, and now pro"Vides the definition of building height and the formula for determining the maximum allowable height. Thus, the reference in Section 91 10.1(c)(2) to "third stories" in Section 91 10.4(a) no longer makes any sense. 2 4`•s�O pinion:Residence Height 94-236�04;28194 ID 4. HEIGHT The second area of conflict concerns the requirement that a CUP be obtained for building, heights between 25 and 30 feet. (Section 9110.1(c).) Since the code allows dwellings with heights of up to 35 feet subject to the issuance of a building permit, it makes little sense to require dwellings %pith heights between 25 and 30 feet to obtain a CUP. Hoy'ever, these sections are not irreconcilable. because building permits are often required to be obtained in conjunction with the preliminary approval of a UP or CUP. Our review of the legislative history and intent of Ordinance 3152 makes it clear that this section was left in the code by mistake: however, as noted above. courts prefer a reasonable construction that produces a workable result, with the whole act considered and all parts and words made operative. (Sutherland. supra, at Section 75.07; Kern River, supra, at 1209; Terminal Pla-za, supra. at 895.) Although it may have been the intent of the city's staff to have Section 9110.1(c) repealed, the simple fact is that it was left in the code. Therefore, it must be Given meanina. Thus, utlizing case precedents for statutory construction, we are forced to conclude that in addition to a building, permit, the current code requires single family dwellings between 25 and 30 feet to obtain a conditional use permit. 'Naturally this conclusion Rill lead to some absurd results, and will send developers scrambling to adjust building heights in order to avoid obtaining a CUP. Our recommendation, following, is designed to avoid these problems. CONCLUSION Based on the foregoing,. the conclude as follows: 1. The maximum heig,ht for a single family dwelling is 35 feet. (Section 9110.4(b)(3).) 2. If a third story is requested; a Use Permit must be obtained. (Section 9110.4(c).) 3. If the building, height of the dwelling, is between 25 and 30 feet, a conditional use pennit is required. (Section 9110.1(c)(2).) RECOMMENDATION We recommend that a cleanup ordinance be immediately introduced and adopted to remove Section 9110.1(c)(2) of the zoning code, which requires single family dwellings between 25 and 30 feet to obtain a conditional use permit. It appears to have been left in the code by mistake, and there is no apparent.reason to retain this illogical and atavistic requirement. GAIL HUTTON City Attorney 3 4'%s\Opinion:Residence Height 94-236�04:28;94 10 C MA)<I MUM ALLOWASLe 15U1 trPlt46r HIS-16r i'T 501Z 'f WO - STORY HOLIES ON FLAT LOT'.'.No IN THE K1 ZONE d.Vim .il..-....•;. :•,,•�,:..,;••.•'�,••. IL i '.'.'�.'•.�..'.'�.''�'.•'',' ��QUIR,�S"rGoNDITION�L U� P�IzMIT APMYA(. -Ma PI-ANNIW4 COMMIi,�, 10" 1963(o To 199 M H0P FV?, Mr::A.,�VRINGr eutuPINGr HeldrHT ft orW0• x.;;M Y HOMa6 09 izLAT 1..0-N, W THE KI ZCKIE s � z MF: `MX) I2 VIZOM -TOP OF SIAS .21 my,/A LK TO AY C� #zOO� TV R� { 1� Ht16THT I ef PE t�,-p r= • F87M Do iQS%AUi1V1V_ IWJ= ASSOCIATION of REALTORSO 8101 Slater Avenue-Iluntingtorr Brartr,CA 92647 6924 (714)847-6093'FAX(714)841-:,37.5 May 16, 1994 The Honorable Shirley Dettloff, Chairman and Members of the Planning Conunission City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Agenda Item B-6, Code Amendment 94-3 Honorable Commissioners: As president of the Huntington Beach/Fountain Valley Association of REALTORS, I would like to express our support for the proposed request to amend Article 911, Low Density Residential, of the Huntington Beach Ordinance Code by deleting section 9110.1.c.2 which requires a conditional use permit for new construction and additions to two-story, single family residences between 25 and 30 feet in height. It is obvious that this requirement is, as staff has suggested, an error created in 1992 when the code was revised. Since the 25-30 height is wholly within (and actually, 5 feet less . than) the legal height limit for two-story residences, this section is not only unnecessary but also burdensome. We agree with staffs recommended action and urge your support. Sincerely, Barry Bussiere President cc.:: Michael Ubenlaga, City Administrator Melanie Fallon, Director of Community Development 4, r, 13 � - BARRY13tISS1F,RE,President-JIM McLAUCHLIN,First vice Prc:;ident ® IAN SHOMAKER,Second Vice President-AVI%rE P11C714,Secretary/Treasurer Directors:PAT PA ULK-AMNONf CHRI S IENSE N-TONY CO•R OBERT KEMP-JE_9N KULEMI N WILL L.WOODS,Lecutiae Vice President-JUDITHA.I,FCRN, Vice PresidentlPubiic Affairs - ATTACHMENT 6 I� HUNTINGTON SEACLIFF HOMEOWNERS' ASSOCIATION To : Chairperson , Huntington Beach Planning Commission Subject : Modification to Article 911 of the Huntington Beach Municipal Code The Planning Commission will consider a change to Article 911 of the Huntington Beach Municipal Code at its next meeting , Tuesday, 26 July 1994 . The proposed change would remove Section 9110 . 1 .c . 2 , which requires a Conditional Use Permit (CUP) for single family residences that are 25 to 30 feet in height . Paragraph 9110 . 1 (c) (2) was held over unchanged from the 1986 version when the ordinance was modified in 1992 . In the 1986 version roof height was described as being measured from the midpoint of the roof slope with an assumption that the peak of the roof would be 5 feet higher . In effect , the maximum roof height would be 35 feet . In 1992 Article 911 was changed to define how to measure maximum roof height , to set a maximum roof height of 35 feet , and to require a UP for habitable space above the second story. Section 9110 . 1 . c . 2 was not changed . In April 1994 the City Attorney issued an opinion that the Article should be interpreted literally. Thus a CUP is required for house heights between 25 and 30 feet but is not required for house heights between 30 and 35 feet or below 25 feet . The proposed change would eliminate air requirement for a permit for 2-story house with a roof height df 35 feet or less . . There are many neighborhoods in Huntington Beach with maximum 2-story roof heights of 25 feet . The revised code would permit introduction of houses with roof heights of 35 feet without any kind of permit requiring a hearing with public comment and right of appeal . Emergency Ordinance No . 3242A calls for infill compatibility considerations of , among other things , "building height relative to existing dwellings (presumably adjacent existing single family residential units] " , but the Emergency Ordinance does not explicitly limit height . Eventually the Emergency Ordinance will be replaced by a permanent and more definitive ordinance . It is suggested that the proposed deletion should be replaced by one of the following approaches with the maximum height of 35 feet now in the Article 911 remaining in any case: a. A CUP issued by the Planning Commission will be required if the house will exceed 25 feet in height and be next to a house of 25 feet or less . b. A CUP issued by the Planning Commission will be required if the house will exceed 25 feet in height and ,be taller than the tallest existing house in the contiguous block . C . A CUP issued by the Planning Commission will be required if the house wiTl exceed 25 feet in height as spelled out in ATTACHMENT A. It is recommended that the changes recommended in ATTACHMENT A be made to Article 911 in lieu of the change proposed by the Planning Staff . Very respectfully, le%/ey C . Metzel , Jr .� President , Huntington Seacliff Homeowners ' Association 19391 Shady Harbor Circle Huntington Beach, CA 92648 714/53 6-091 5 Page 2 Y PROPOSED CHANGES TO ARTICLE 911 OF THE HUNTINGTON BEACH MUNICIPAL CODE Amend paragraphs of Article 911 - Low Density Residential District (R 1 ) [dated 7/921 as follows : 9110 . 1 Permitted uses . (c) Conditional use permit . (2) Building heights between twenty-five (25) and thirty-five (35) feet , and/or third stories pursuant to Section 9110. 4 (b) and 9110. 4 (d) respectively . 9110 . 4 Building He gbt/Maximum Building Height . (b) Maximum Building Height Maximum building height shall be as follows : Main Dwelling Twenty-five (25) feet and maximum of two (2) stories . Accessory Building Fifteen (15) feet , ( 1 ) Exception by Conditional Use Permit . A maximum building height between twenty-five (25) and thirty-five (35) feet , and/or three (3) stories may be permitted subject of approval of a Conditional Use Permit . The Planning Commission shall consider the following guidelines in its decision on such a request : ( i ) The proposed building shall not have a detrimental effect on the general health , sa.fety, welfare , or privacy of surrounding residents , or on property values. ( ii ) The location , site plan , and building design shall ( iii ) The age and anticipated permenance of buildings on adjacent properties shall be considered . ( iv) The Commission shall consider any other criteria it deems necessary to preserve the health , safety, welfare, and convenience of the neighborhood . (2) Second story plate height shall not exceed twenty-five (25) feet above the top of the subfloor/slab. (3) Roofs shall have a minimum pitch of 5/12 , if the building Page 1 ATTACHMENT A �C exceeds 30 feet . (c) Habitable Area Above the Second Story . Habitable area above the second story may be permitted with the following limitations subject to a Conditional Use Permit for buildings exceeding twenty-five (25) feet , or a Use Permit for buildings twenty-five (25) feet or less: ( 1 ) Habitable area above the second story plate line shall be within the confines of the roof volume , with the following exceptions: ( 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 in Section 9110 . 4 (b) . ( ii ) Deck areas above the second story plate line shall open onto public rights-of-way only and shall not overlook adjacent property. ( iii ) Windows above the second story plate line shal_7 open onto public. rights-of-way. Other windows or openings may be proposed subject to review for compatibility with adjacent property for protection of privacy. (2) Exterior stairways between the ground floor and a habitable area above the ground floor shall be prohibited . (3) Access to a habitable area above the second story shall be from within the Main Dwelling and shall be consistent with internal circulation . (4) Notification of owners of property within 300 feet . (5) The Planning Commission/Zoning Administrator shall consider the following guidelines in deciding such a request . ( i ) The proposed building shall not have a detrimental effect on the general health , safety, welfare, or privacy of surrounding residents , or on surrounding property values. ( ii ) The location , site plan and building design shall be harmonious and compatible with the streets, Page 2 ATTACHMENT A u� driveways, property lines , and surrounding neighborhood . ( iii ) The age and anticipated permanence of buildings on adjacent properties shall be considered . ( iv) The Planning Commission/Zoning Administrator shall consider any other criteria deemed necessary to preserve the health , safety, welfare , and convenience of the neighborhood . Page 3 ATTACHMENT A ATTACHMENT 7 � • EMERGENCY ORDINANCE NO. 3242A (adopted 7/5/94) (effective 7/5/94) AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 973 OF THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTIONS PERTAINING TO RESIDENTIAL INFILL DEVELOPMENTS NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Article 973 of the Huntington Beach Ordinance Code is hereby amended by adding new sections 9730.87 to 9730.87.2, inclusive, to read as follows: 9730.87 Residential Infill Developments - General Provisions. These residential infill requirements are intended to minimize impacts on adjacent residential developments and provide development standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods, Unless to do so would contravene the terms of an existing Development Agreement. The location, site plan, and building design shall be harmonious and compatible with the streets, driveways, property lines, and surrounding neighborhood. Compatibility considerations shall include, but not be limited to: lot size, lot frontages, building layout, building configuration and design, building product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Community Development shall cause all requests for plan check and issuance of building permits for infill lot development to be reviewed in accordance with Section 9730.87.2. 9730.87.1 Residential Infill Lot Definition. An infill lot is a vacant parcel of land intended for single family development which is adjacent to one or more existing single family residential units excluding parcels which are separated by streets. Room additions are exempt from this definition. 1 G1007R/k/07/07/94 [ /: 747, • • 9730.87.2 Infill Lot Design Considerations. A. Privacy Design Standards. 1 . New residences shall off-set windows to insure maximum privacy for existing residences. The use of opaque glass or similar material, should be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. 2. Minimize the canyon effect between houses by clipping roof elevations on sideyards. Provide roof line variations throughout infill development. 3. Provide architectural features (projections, offsets) to break up massing and bulk. 4. Upper story balconies shall be oriented toward its own front or rear yard areas. B. Setbacks. 1 . Whenever possible all base district setbacks shall be maximized to provide increased separation between new developments and existing residences. Footprints for new residences shall be off-set to increase privacy. 2. Provide offset in front building setbacks throughout infill development. 3. Pool equipment and air conditioning equipment shall be located at a location which maximizes its distance from existing residential development, and minimizes its distance from the new structure which it serves. C. Miscellaneous. 1 . Pad height for new construction shall match to the extent possible, grades of adjacent residences. Any property owner who intends to add more than 2 feet of fill to an infill lot or to add any fill to a lot where the grade differential is already 2 feet or more above an adjacent lot shall demonstrate to the satisfaction of the City Engineer that there is no other acceptable method to drain the property adequately. 2 G 1007R/k/07/07/94 2. Landscaping shall be. designed to maximize privacy for both existing residences and new residences. 3. When possible driveways shall be located on the side of the property closest to the driveway on the adjoining property. D. Public Notification Requirements. Three days prior to submittal for plan check, the applicant shall give notice of the application to adjacent property owners by first class mail. The notice of application shall include the following: a. name of applicant b. location of planned development c. nature of the planned development, including maximum building height and square footage. d. the City hall telephone number for the department of Community Development to call for viewing plans. e. the date by which any comments must be received in writing by the Department of Community Development. This date shall be 10 working days from plan check submittal. f. the address of the Department of Community Development. The applicant shall submit proof of mailing of the notice when submitting the application for plan check. The adjacent property owners shall have ten (10) working days from plan check submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. SECTION 2. This emergency ordinance shall be rescinded when a more comprehensive infill ordinance is approved and adopted by the City Council of the City of Huntington Beach. SECTION 3. This emergency ordinance shall become effective immediately according to the authority of Huntington Beach City Charter §501 . SECTION 4. The Council finds that this emergency measure for the immediate preservation of the public peace, health or safety is necessary as building permits are being held on infill lots resulting in extreme hardship to owners of these lots throughout the city. SECTION 5. Ordinance No. 3240 is hereby rescinded upon the adoption of this emergency ordinance. 3 G1007R/k/07/07i' G PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of July 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk `1� City Attorney P,� - -7-94(- REVIEWED AND APPROVED: INITIAT AND APPROVED: 7-,X City Administrator Dir c r of Co ity ev o ent G 1007R/k/07/07/94 i ATTACHMENT 8 ATTACHMENT NO. 8 FINDINGS FOR DENIAL CODE AMENDMENT NO. 94-3 FINDINGS FOR DENIAL - CODE AMENDMENT NO. 94-3: 1. The proposed code amendment to amend the Huntington Beach Zoning and Subdivision Ordinance to require public hearings for residences 3 0-3 5 feet in height will create an additional discretionary review process that would be costly to homeowners prior to obtaining building permits. 2. The proposed code amendment would discourage the rehabilitation of existing homes in the City and limit architectural flexibility. 9486att8 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) am a Citizen of the United States and a resident of the County aforesaid; I am PUBLIC NOTICE NOTICE OF over the aacle of eighteen years and not a PUBLIC HEARING r CODE AMENDMENT party to or interested in the below NO.94-3 entitled matter. I am a principal clerk of Density(Amend R Resi(Amesi Lowdentia. l Zoning District of the HUNTINGTON BEACH INDEPENDENT, a the Huntington nce newspaper of general circulation, printed Beach s eat. to and published in the City of Huntington NOTICdingheight) NOTICE IS HEREBY ' GIVEN that the Huntington Beach, County of Orange, State of holdapubl, earing�lin he the California, and that attached Notice is a I Huntnigtonambers BeachaCivic Center, 2000 Main Street, true and complete copy as was printed Huntington Beach, Califor- nia,on the date and at the and published in the Huntington Beach ;time indicated below to re ceive and consider the and Fountain Valley issues of said and of all persons 'who wish to be heard rela- tive to the application de- newspaper to wit the issue(s) of: scribed below. DATE/TIME: Monday, No- vember 7,1994,7:00 PM APPLICATION NUMBER: Code Amendment No.94-3 APPLICANT: City of Hun- October 27, 1994 tington Beach LOCATION:City-wide ZONE: R1, Low Density Residential REQUEST: To amend the Low Density Residential Zoning District of the Hun- tington Beach Ordinance Code to require a public hearing by the Zoning Ad - I declare, under penalty of per jury, that ministrator for single family above. Written communica- residences that are 30 feet tions may be sent to the the foregoing is true and correct. to35 feet inheight. City Clerk. If you'challenge TUSENVIRONMENTAL exemSTA-pt the City Council's action in punsCategorically e2empt court, you may be limited pursuant it Class 20 of to raising only those issues City Council Resolution t to ou or someone else 4501 approved pursuant to y. October 27 raised at the public hearing Executed on gg 4 the California Environmen- described in this notice, or tal Quality Act. in written correspondence at Costa Mesa California. applcabeCOASTAL STATUS: Not delivered to the City at, or prior to,the public hearing. ON FILE: A copy of the here are an proposed request is on file If t y further in the City Clerk's Office, questions please call Scott 2000 Main Street, Hun- Hess, Senior Planner at tington Beach, California 536-5271. 92648, for inspection by Connie Brockway, the public. A copy of the City Clerk, City of Hun- staff report will be available tington Beach, 2000 to interested parties at City Main Street, -Hun. Clerk's Office after No, tingtori Beach, CA vember 3,1994. 92648(714)536-5227 ALL INTERESTED PER published Huntington SONS are invited to attend g Signature said hearing and express Beach-Fountain Valley In- opinions or submit evi. dependent October 27, dence for or against the 1994. application as outlined 104-243 J KS I— NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 94-3 (Amend the Low Density Residential Zoning District of the Huntington Beach Ordinance Code relative to building height) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers 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/TIME: Monday,November 7, 1994 at 7:00 PM APPLICATION NUMBER: Code Amendment No. 94-3 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: -I-1, Low Density Residential REQUEST: To amend the Low Density Residential Zoning District of the Huntington Beach Ordinance Code to require a public hearing by the Zoning Administrator for single family residences that are 30 feet to 35 feet in height. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Class 20 of City Council Resolution No. 4501 approved pursuant to the California Environmental Quality Act. COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 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 Clerk's Office after November 3, 1994. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. Written communications may be sent to the City Clerk. 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 Scott Hess, Senior Planner, at(714) 536-5271. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 &hess/cclgo13) i X. REQUEST TO SCHEDULE 2!' © '''.. . .... ..... . ...... .. .. ..... ..... ... .... ....................... A PUBLIC HEARING DEPARTMENT REQUESTING: —� SUBJECT: MEETING DATE: November 7, 1994 NUMBER OF PUBLIC HEARINGS OTHERS: SCHEDULED FOR THIS DATE: CODE AMENDMENT#93-5B -CARTS&KIOSKS VERIFIED BY: APPROVED BY: Ray Silv , Assistant City Administrator PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. County of Orange ) PUBLICNOTICE__ I am a Citizen of the United States and a NO R PUBLICC H EEARI HNG resident of the County aforesaid; I am CODENO.94.3 AMENDMENT over the age of eighteen years, and not a Density R Resi Low Residential District of party to or interested in the below the oning Huntington the Huntington entitled matter. I am a principal clerk of Be nce Code relative ve to building height) the HUNTI�NGTON BEACH INDEPENDENT, a ! NOTICE IS HEREBY GIVEN that the Huntington newspaper of general circulation, printed Beach City Council will b hold a public hearing in the and published in the City of Huntington Council Chambers at the Huntington Beach Civic Beach, County of Orange, Huntington State of center, Main Street, Beach, Califor- nia, on the date and at the California, and that attached Notice is a time indicated below tor.. ceive and consider the true and complete copy as was printed ;statements of all persons who wish to be heard rela. and published in the Huntington Beach five a the application de- �scribed below. and Fountain Valley issues of said DATE/TIME:9 Monday, No vember ;1994,7:00 PM APPLICATION NUMBER: newspaper to wit the issue(s) of: Code Amendment No.94-3 APPLICANT: City of Hun- tington Beach LOCATION:City-wide ZONE: R1, Low Density Residential - October 27 1994 REQUEST: To amend the Low Density Residential Zoning District of the Hun. tington Beach Ordinance Code to require a public hearing by the Zoning Ad. ministrator for single family above.Written communIca- residences that are 30 feet tions may be sent to the y to 35 feet in height. City Clerk. If you challenge ENVIRONMENTAL STA- the City Council's action in I declare, under penalty of perjury, that TUS- Categorically exempt court, you may be limited pursuant to Class 20 of to raising only those issues City Council Resolution No. you or someone else the foregoing is true and correct. 4501 approved pursuant to raised at the public hearing the California Environmen. described in this notice, or tal Quality Act. in written correspondence COASTAL STATUS: Not delivered to the City at, or applicable prior to,the public hearing. Executed on October 27 199 4 ON FILE: A copy of the If there are any further proposed request is on file questions please call Scott in the City Clerk's Office, Hess, Senior Planner at at Costa Mesa, California. 2000 Main Street, Hun- 536-5271. tington Beach, California Connie Brockway, 92648, for inspection .by City Clerk, City of Hun. the public. A copy of the tington Beach, 2000 staff report will be available Main Street, Hun- to interested parties at City tington Beach Clerk's Office after No 92648(714)536.5227 CA vember 3,1994. ALL INTERESTED PER. Published Huntington . SONS are invited to attend Beach-Fountain Valley In- said hearing and express dependent October 27, opinions or submit ehe 1994 — Bence for or against the ._ lapplication as outlined_: — 1` 04'243 Signature