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HomeMy WebLinkAboutCode Amendment 71-4 - Ordinance 1752 - Open Space and the T Page 412 - Council Mintiros - 8/21/72. ORDINANCES FOR IN'1'RODUCl'ION ORU. NO. 1752 - FIRST READING - OPEN-SPACE AND THE TOWNLOT AREA The Clerk presented Ordinance No. t752 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9739.5, AMENDING SECTIONS 9163.3.1.1, 9163.4, 9203.3.1.1 , 9203.4, 9232.6, 9233.2.1, 9233.3.1.1, AND 9233.4.1; AND ADDING THERETO SECTIONS 9161.2, 9201.2, 9231.6, 9232,6.1, SUBSECTION (4) TO SECTION 9700.18, AND SECTION 9700.23, ALL PERTAINING TO OPEN SPACE AND THE TOWNLOT AREA." Discussion was Held between the Planning Director and Council, on the proposed ordinance. Following; a reading; by title, on motion by Bartlett, CounciC waived further reading of Ordinance No. 1752, by the following; vote: AYES: Councilmen: Eaxtlett, Gibbs, Crcea, Matney, Duke, Coen NOES: Councilmen: Node ABSEN'C: Councitmea: Sliinl,�y RF.QUE51'-= 11OME COUNW.1, __SIGN O)ZD.(NANCE Com,, M(T'rI;ls The Cler;c pre,en,,ed a c ommmini.catiu,i from 1:110. 1101TIu Council re.luesting appointment by the City Council of an ail hor. citixonls conuni.ttc(.� to 4Issist in l.lio :,tndy and creation of a new sign ordinance. Mr. Brian Parkinson, President of the dome Cotmmcil spoke reg- arding their request. Follawi.n,, discussion, the Council requested that: the Motile Council submnit their reecm- menda,tions on this matter, which Council in turn will transmit to staff, RESOLUTIONS SUBMITTED FROM HOME COUNCIL & HUNTINGTON HARBOUR PROPERTY OWNERS ASSOC. The Clerk presented a communication from the Huntington Beach Home Council transmitting a Resolution recommending that a study group be formed with the object of writing a High Rise Ordinance and further that a moratorium be applied to the building of such structures. The Clerk also presented a communication from the Huntington Harbour Prop- erty Owners Association, Inc. transmitting; their Resolution mirg;ing; the adoption of an emergency ordinance placing a 35 foot height limit on futuro structures. Discussion was held between the Council and the representatives of thee organizations concerning; drawing individuals from each org;inization to serve on tlmc committee. Mr. Jim llentson, 11rc5.ideat of tfie llmmmiting;ton Harbour Property thaners Association recom- mended the appointtttont: of Mrs, Rhod1 Martyn and Mr. John Florae, Chairman of their Variance Committee and Mr, Parkinson, Vice President of the home Coatnc11 recommended that Mrs. Lorraine Faber and Mr. Art Knox be appointed. Mr. James DeGuelle represent- ing the Huntington Beach Chamber of Commerce informed Council that he would meet with his organization's representatives and submit recommendations for appointments in the near future. The representatives were then asked by the Mayor to correlate their irk through Mr. Parkinson, who will, serve as coordinator for the organizations. Mayor Coen stated that consideration would not be given to a moratorium on the building of high-rise structures during such time as the moratorium enacted by Emergency Ordinance No. 1777 remains in effect. 444 Number of Excerpts Nun''. Publish On-e LEGAL NOTICE COLL, A. TV it-J� I NOTICE M HEREBY nJVEU that :blio Waring will he held by thQ City Planning Commission V thy- City of Huntington Beach for the purpose of consilering Said amendment pruposcs to: All Ruw( �ucLjnn "730. 5 Aejivence Use KAMM, Lots) ; Amend SeWW "L- VwA . M . i 02 z6ne ' , 020j. j. K ., (R3 zone) and 9233. 3. 1 . 1 (R4 AM) Ln MOW 0 porn ion of 0c requLrn,� open Space to be WiLhin the front 1/ 1 OL Lhe &L ', 9163.4:1 (R2 zone) and 9203. 3, 1Q ) Q. zone ) ; Avow nest ion K31.4 . 4. ) (R4 zone) to increase to LU ft. for LOU fronn yor" setK..-'.ck; CM AnuM., Section 9203.4. 1 (b) (RJ zone ) and 0M .W ( b) (k, zone) Lo aLlow narrort .. to be constructed ML zero setback n: rc ab"LMq the in _ccjwr pr )kvrQ.' line. Ail the above auwndm ems in ono A2 , R3 ar" R4 zoncs arc pow. wo ': for Lhe area bounded by MUM Qvs Mjhway on We southwest, GoKen- West Street an Lhe norMwesy, Palm wcnue on the norM (see next page) Said hearing will. be held at thn hour of 7 :00 P.M . 1 on Mi-ircin 16 , 1971 in the Council Chamber of the Civic Center , HAntington each, California, on 5th Vtreet 'betw(,'en Main Street and Orange Avenue. All interested persons are invited to attend said hearing and nxprqsz their opinions for or against the proposed Further information may be obtained from the City Planning Department. , Telephone No 536--5271 DATED this day of CITY C 0 M N;I S S)i UN sec C tan, .._. a.-_.E ._:>"a.i'!':.`:.�%r:lf.:.. K�w'.r ..,.1.•.4 w:=--wti.=!....y:+am. - -T..ua"e.-.._ ._. «s..%naii+:;�k:=•..<_.=a. e ..._ -..�- .... and northeast and bake an,.! First 5t.rects on the east and southeast. This ahendmer.-L proposes to amend Section 9232e6 (R4 zone ) to allow I.hret: (3) story construction subject to a 100. ft, setback where abutting any single family residential developmec►t Wage #12 - Council Minutes - 4/19/71 Tfr, c�i.lbert Cotterall, Vice-Pre.;!dent of Ma.xinc Elliott Enterpri,,eti> , a,ddr ,,,sed Council and r_tated that the prupo ,ed bu„ mess would c ors;;i.;t of lifoviding auction facilities l'or distribution of merchandise direct from manufacturer: to vendors and to conduct a retail, distribu- tion a..,tivity for the general public . He stated that the proposed business would not be detrimental to the surrounding property, and requested that Council approve the request for conditional exception. Mr. Jones, representing the D. H. Overmyer, Co. , Inc . , addressed Council and requested approval of Conditional Exception No. 71-20, Mr . Jack Mahoney, 16521 Rhone Lane, addressed Council ar.d presented an informal petition listing approximately 208 residents in the area opposing the proposed use of this property. He also submitted proms tional material distributed by the applicant for the information of Council . Mr. Paul Gillon, 7991 Heil Avenue, City, addressed Council in opposition to the project stating that he believed it would, have a detrimental effect on the surrounding property . Mr. Robert Dingwall representing the Borne Council, addressed Council and. stated the or.ganization's opposition to Conditional Exception No . 71-20. Mr. Jim Logard, President of Sun ',iiew PTO, addressed Council in opposi- tion to the proposed development. Mr. Carl Johnson, 7542 Danube Drive, addressed Council and stated that he did not believe sufficient hardship had been demonstrated by the applicant. There being no one present to speak further on the matter, and there being no further protests riled either oral or written, the hearing was closed by the Nlayor. On motion by Green, Council sustained the decision of the Planning Commission and denied Conditional Exception No . 71-20 . Motion ,carried . Councilman Coen returned at 10: 30 P.M. Applications for Conditional Exception On motion by Green, Council directed that the Planning Department re- quest that any individual applying for a conditional exception be required to sign a statement acknowledging that he understands the legal requirements for the granting a conditional exception. Motion carried , PUBLIC HEARING - CODE AMENDMEN`I.' NO . (1-4 - APPRO� 'S - Mayor McCracken announced that this was the day and hour set for a public hearing on Code Amendment No . 71-4 for the purpose of cons id.erin ; an amendment to the Huntington Beach Ordinance Code to: �1� Repeal Section 9730.5 (Residence Ilse of Exist;ingDots ) ; 2 Amends Section 9163.3.1. 1 (R2 Zone ) , 9203 .3 . 1,.1 (R3 Zono ) , and 9233.3.1 . 1 (R4 Zone ) , to allow a portion of the required open space to be within the front 1./3 of the lot; 4� Amend Sections 9163 .4--1 (R2 lone ), and 9203 , 3 . 1(a) ('13 ?one) ; Amend Section 9233.4,1(a) (R4 Zone) to increase to 10 feet for the front yard setback; (5) Amend Section 9203 .4. 1(b) (R3 Zone ) and 9233.4. 1(b) (R4 Zone ) , to allow carports to be constructed at zero setback whecc; abutting the interior property line . All the above amendments in the R2, R3 and 'R4 zones are proposed for the area bounded by Pacific Coast Highway on the southwest, Golder_west Street on the northwest, Palm Avenue on the north and northeast and Lake and First Streets on the east and southeast, and also to amend Section 9232.6 (R4 Zone) to allow three (3� story construction subject o a 100 foot setback where abutting any single family residen�ia.l 21evelopment . -7 0 AJ P.O. pox 990 CALIFORNIA 9264e April 5-' 1971 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission RE: Code Amendment No 71-4 ATTN: Doyle Miller, City Administrator Paul Jones, City Clerk Gentlemen: Transmitted herewith is a copy of Code Amendment No 71-4. Said amendment proposes to: 1) Repeal Section 9730.5 (Residence Use of Existing Lots); 2) Amend Sections 9163.3.1.1 (R2 zone), 9203.3.1.1 (R3 zone) and 9233.3..1.1 (R4 zone) to allow a portion of the required open space to be within the front 1/3 of the lot; 3) Amend sections 9163.4.1 (R2 zone and 9203.3.1 (a) (R3 zone); 4) Amend Section 9233.4.1 (a) (R4 zone) to increase to 10 ft. for the front yard setback; 5) Amend Section 9203.4.1 (b)(R3 zone) and 9233.4.1 (b) (R4 zone) to allow carports to be constructed at zero setback where abutting the interior property line. All the above amendments in the R2, R3 and R4 zones are proposed for the area bounded by Pacific Coast Highway on the southwest, Goldenwest St. on the Northwest, Palm Ave. on the north and northeast and Lake and First Streets on the east and southeast. This amendment also proposes to amend Section 9232.6 (R4 zone) to allow three (3) story construction subject to a 100 ft. setback where abutting any single family residential development. The Planning Commission at their March 16, 1971 meeting unanimously approved Code Amendment No 71-4 and recommends adoption by your Honorable Body. The State Planning Act requires that a public hearing be held after which the code amendment may be adopted by ordinance. Respectfully submitted, �%. L�- K. A. Reynolds Secretary KAR: bl E CODE AMENDMIENT -4 March 16 ., 1971 1 Fourth Draft Th;l lic fol I (�,, i I nn of' t h(, Hum, ington Beach ')rdinaii�(, Code rer)c;i1eJ . Sec . 9'130 . 5 I`} at tile _(,,:tio,,S 0 th e J TU(I t <),ection 2 . 1 1 ington Bea& Ordinance Code are h(,rehy reiiumberod as follows : Sec . 9j63 . 4 . 1 to 9103 . 4 . 2 Sec . 91.63 . 4 . 2 to 9163 . 4 . 3 Sec . 9163 . 4 . 2 . 1 to 9163 . 4 . 3 . 1 Sec . 9163 . 4 . 2 . 2 to (1163 . 4 . 3 . 2 Sec . 9163 . 4 . 2 . 3 to 9163 . 4 . 3 . 3 Sec . 9163 . 4 . 3 to 9163 . 4 . 4 Sec , 9163 . 4 . 4 to 91 63 . 4 . S Section 3 . That the following sections of the Huntington Beach Ordinance Code are hereby amended to read as follows : Amend P41 Sec . 9163 . 3 . 1 . 1 MIT11nuin Open Space . Section 9163 . 3 . 1 . 1 Any legal building site as provided by Section 9162 . 1 . 1 shall he provided with a i imum of 93S sq . ft . of open space . Such area shall be behind the front yard setback and may be allocated as follows : (a) Opc-. space may he divided into two (2) areas , one area may be situated within the front 1/3 of the lot and shall consist of at least 375 sq . ft . of the re- quired open space with a minimum dimension of fifteen (15) feet . The remaining 560 sq . ft . o'f open space shall be located within the rear 2/3 of the lot and shall have a minimum dimension of twenty (20) feet . (b) For the purpose of this section, a front yard setback shall be that area between the front property line and that line delineated on an approved plot plan by a structure over forth- two (42) -inches in height such as a fence or wall which provides a physical separation between an area and the remainder of the lot . T- -/ Sec . 9163 . 4 . 1 Within the area bounded by Pacific Coasf_TFi—gFway cr the southwest , Goldenwest Street on the ;1 northwest , Palm Avei,7.le on the north and northeast and Lake and First Streets on the cast and southeast , the following minimum yard requirements shall. apply : (a) Front Yard . The minimum front yard setback shall be fifteen (IS) feet , however said setback may be re- duced to seven and one half feet for- any lot provided that : I) The seven and one-half ft . setback is on 50® or less of the total building-, width , and ; 2) An average fifteen (15) ft . setback shall be maintained for the total building width . 3) An Administrative Review application, accompanied by a precise plan is submitted to the Board of Zoning Adjust- ments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling . (,ntinueJ next page . Code Amendment No . 71-4 Marcli, 16 , 1971 3 Sir i d Pro posed for i TI I t II o I)s r I I c I r after reviewing s a imi t t c-i in,,i Y P 1)r V c o n c11 i t j oi),-i 'I I y approve or deny the p r C C i ti c P I an . 1 n I is r e v I c,v , t h c };oar(} s ha I I consider p I ,icc,riicnt of' ;i I I structures such ;is, buildings , U111- en(,InScd stairways or ha 1cnn les , and fences or walls Amend 113 Section 9203 . 3 . 1 . 1 Any legal building site as pro- vided by Section 9202 . 1 . 1 shall he provided with a minimum of 62S sq . ft . of open space situated with a minimum dimension of 10 ft. Such area shall be behind the front yard scthack and may be allocated as followsk a) Open space may be divided into two (2) areas , one area may be situated within the front 1/3 of the lot and shall consist of at least 40% of the required open space or 250 sq . ft . with a minimum dimension of ten (10) feet . The remaining 60% or 37S sq . ft . of open space shall be located within the rear 2/3 of the lot and shall also have a minimum dimension of 10 ft . b) For the purpose of this section, a front yard set- back shall be that area between the front property line and that line delineated on an approved plot plan by a structure over forty-two (42) inches in height such as a fence or wall which provides a physical separation be- tween an area a7d the remainder of the lot . Amend R-3 Sec . 9203 . 4 . 1 Within the area bounded by Pacific Coast Highway on the southwest , Goldenwest Street on the northwest , Palm Avenue on the north and north east and Lake and First Streets on the east and soutA-,,east, the following minimum yard requirements shall apply : (a) Front Yard . The minimum fr,Jnt yard setback shall be ten (10) feet , however said setback may he reduced to five (S) feet for any lot provided that: 1) The five (5) ft . setback is on SO% or less of the total building width , and; Code Amendment No . 71-4 March 1971 Page 3 2) An average ten (10) ft . setback ,;hall be maintained for the total building width. 3) An Administrative Review application, accompanied by a precise plan is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling . Said plan shall delineate _Lneate all structures proposed for initial construction. The Board , after reviewing said matter , may approve , conditionally approve or deny the precise plan. In its review, the Board shall consider placement of all structures such as buildings , unenclosed stairways or balconies , and fences or walls . b) Interior Side Yard . The minimum interior side yard set- back shall be 5 ft. , except that carports may be at zero setback provided that : 1) That portion of a carport located within the 5 ft . side yard shall be constructed of maintenance free solid masonry material which may be equal in height to the first floor double plate but shall not exceed nine (9) feet , and ; 2) The three walls which enclose that portion of a carport within the five (5) ft . side yard shall be constructed of a six (6) ft . high maintenance free , solid decorative masonry. 3) An Administrative Review application, accompanied by a Precise plan Is 5"'-IT14 tte ' to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after reviewing said matter , may approve , conditionally approve or deny the precise plan. In its review., the Board shall consider placement of all structures such as buildings , and fences or walls . Code Amendment No . 71-4 March 16 , 1971 Page 4 A"-Ii:N1) Section 9232 . 0 lkl<<xiMUM l3uilcling Height . The maximum building height shell not exceed thirty (30) feet , and shall not exceed two (2) stories . Section 9232 . 6 . 1 i:xccption. Building Height . A maxi - mum building height of three ( 3) stories , with a maximum height of thirty-five (35) feet may be permitted . Section 9232 . 6 . 2 'Cho exterior wall of any three-story building shall be set back one hundred (100) feet or more from the property line of any single-family resi- dential development except that such setback may be - eighty-five (85) feet where such three-story building site is separated from such single-family residential development by parking structures , such as carports , or garages , constructed on a common property line, or except where said three-story building site is separated from such single-family residential development by a public right-of-way , school , golf course , public utility right-of-way , flood control right-of-way or channel , which is sixty (60) feet or more in clear width. (1512 , 1609- 10/70) AMEND Section 9233 . 2 . 1 Interior Side Yard . (a) The minimum interior side yadd setback for single-story and two- story dwellings shall be ten percent (10%) of the lot width. Said side yard setback need not exceed five (5) feet , and shall not be less than three (3p feet. (b) The minimum interior side yard setback for three- E story dwellings shall be ten (10) feet. AMEND Section 9233 .3 . 1 . 1 Any legal building site as provided � by Section 9232 . 1 . 1 shall be provided with a minimum of 625 sq . ft . of open space situated with a minimum � dimension of 10 ft . Such area shall be behind the front yard setback and may be allocated as follows : Code A­-nelment, No- 71-4 March 1971 Page 5 a) Open space may be divided into two (2) areaso ,ona arod may be situated within the front 1/3 of the lot and shall consist of at least 40% of the required open spx�ze or 250 sq. ft . with a minimum dimension of ten (10) feet. The remaining 600 or 375 sq. ft. of open space sball be located within the rear 2/3 of the lot and shall alap have a minimum dimension of 10 ft. b) For the purpose of this section, a front yard sot-,.- back shall be that area between the front property 'liri.o and that line delineated on an approved plot plan -by' ' structure over forty-two (42) inches in height swg& as a fence or wall which provides a physical separation between &A area and the remainder of the lot. AND T4— Sec . 9233 . 4 . 1 Within the area bounded by Pacific at Highway on the southwest, Goldenwest Street on tW- wrtk-�� west, seam Avenue on the north a4d northeast Sao LakQ SED& First Streets on the east and southeast, thefollowi* minimum yard requirement shall apply. (a) Front I&-_rd. The minimum front yard setb-ack..-Isha'. al- b 4-. ten (10) feet, however said setback may- be red ucqd- �O` five (5) feet for any lot provided that: 1) The five (5) ft. setback is on 50% or loss a6lko-9 total building width. and; 2) An av e r ag e -.--n (10) f t. setback s ha I I bo ` iaod for the total building vidt-h. 3) An Administrative Review application, accompA401 * a precise plan is submitted to the Board ,.)f &D,4ss Admustments and approved or coadition-ally app-r0r.d&'b7' Board prior to issuance of building yerwits ,foj? 44g, dwelling__.___Said plan shall delineate- Akl- proposed for initial construction. The Board, after reviewing said matte-v , may approve , condi ::ionally approve or deny the precise plan. in its review, the Board shall consider placeiqent of all structures such as buildings , unenclosed stairways or balconies and fences or walls . Code Amendment No. 71-4 March 16 , 1971 Page 6 b) Interior Side Yard. The minimum interior side yard setback shall be 5 ft. , except that carports may be at zero setback provided that® 1) That portion of a carport located within the 5 ft. side yard shall be constructed of maintenance free solid masonry material which may be equal in height to the first floor double plate but shall not exceed nine (9) feet and; 2) The three walls which enclose that portion of a carport within the 5 ft. side yard shall be constructed of 6 ft. high maintenance free, solid decorative masonry. 3) An Administrative Review application, accompanied by a precise plan is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuance of building hermits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after reviewing said matter, may approve, conditionally approve or deny the precise plan. In its review, the Board shall consider placement of all structures such as buildings , and fences or walls.