HomeMy WebLinkAboutOrdinance #4308 ORDINANCE NO. 4308
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 210 RESIDENTIAL DISTRICTS OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE
(ZONING TEXT AMENDMENT NO. 23-002)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed
public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 210 of
the Huntington Beach Zoning and Subdivision Ordinance
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment is proper
and consistent with the General Plan;
NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain
as follows:
SECTION 1. That Chapter 210.04 of the Huntington Beach Zoning Code is hereby
amended to read as follows: •
210.04 RL,RAT,RMH, RH, and RMP Districts—Land Use Controls
In the following schedules, letter designations are used as follows:
"P" designates use classifications permitted in residential districts.
"L" designates use classifications subject to certain limitations prescribed by the "Additional
Provisions"that follow.
"PC" designates use classifications permitted on approval of a conditional use permit by the
Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit by the
Zoning Administrator.
"TU" designates use classifications allowed upon approval of a temporary use permit by the
Zoning Administrator.
"P/U" designates that accessory uses are permitted, however, accessory uses are subject to
approval of a conditional use permit if the primary use requires a conditional use permit.
"Neighborhood Notification" refers to use classifications that require an Administrative Permit
by the Director. 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
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ORDINANCE NO.4308
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.
SECTION 2. That Chapter 210.06 of the Huntington Beach Zoning Code is hereby
amended to read as follows:
210.06 RL,RM,RMH, RH, and RMP Districts—Property Development Standards
A. 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.
B. 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.
C. 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.
Property Development Standards for Residential Districts
RMH-A Additional
RL RM Subdistrict RMH RH RMP Provisions
Min. Building Site 6,000 6,Q00 2,500 6,000 6,000 10 ac. (A)(B)(C)
Width (ft.) 60 60 25 60 60 N/A
Cul-de-sac frontage 45 45 - 45 45 N/A
Min.Setbacks (D)(Q)
Front (ft.) 15 15 12 10 10 10 (E)(F)
Side (ft.) 3; 5 3; 5 3; 5 3; 5 3; 5 - (G)(I)(J)
Street Side (ft.) 6; 10 6; 10 5 6; 10 6; 10 10 (H)
Rear(ft.) 10 10 7.5 10 10 - (I)(J)
Accessory Structure (T)
Garage (K)
Projections into Setbacks (L)(Q)
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ORDINANCE NO. 4308
RMH-A Additional
RL RM Subdistrict RMH RH RMP Provisions
Max. Height(ft.)
Dwellings 35 35 35 35 35 20 (M)
Accessory Structures 15 15 15 15 15 15 (M)(Q)
Max. Floor Area Ratio - - 1.0 - - -
(FAR)
Min. Lot Area per 6,000 2,904 * 1,742 1,244 -
Dwelling Unit(sq.ft.)
Max. Lot Coverage (%) 50 5Q 50 50 50 75 (U)
Min. Floor Area (N)
Min. Usable Open Space (0)
Accessibility within (P)
Dwellings
Waterfront Lots (Q)
Landscaping See Ch. 232 (R)
Fences and Walls See Section 230.88
Lighting (S)
Residential Privacy Design (V)
Standards
Relocating Structures See HBMC Ch. (W)
17.28
Underground Utilities See Ch. 17.64
Screening of Mechanical See Section 230.76
Equipment
Refuse Storage Areas See Section 230.78
Antenna See Section 230.80
Performance Standards See Section 230.82
Off-Street Parking and See Ch. 231 &Section 210.12
Loading
24-14077/331911 3
ORDINANCE NO. 4308
RMH-A Additional
RL RM Subdistrict RMH RH RMP Provisions
Signs See Ch. 233
Nonconforming See Ch. 236
Structures
Accessory Structures See Section 230.08
Notes
* Lots 50 feet or less in width= 1 unit per 25 feet of frontage
Lots greater than 50 feet in width= 1 unit per 1,900 square feet
N/A=Not applicable
RL, RM, RMH,RH, and RMP Districts: Additional Development Standards
(A) See Section 230.62, Building Site Required and Section 230.64, Development on
Substandard Lots.
(B) See Section 230.66, Development on Lots Divided by District Boundaries.
(C) The minimum lot area shall be 12,000 square feet for general day care, general residential
care, and public or private schools, except minimum lot area for general day care in the RL
district shall be one gross acre.
(D) Building Separation. The minimum spacing between buildings including manufactured
home units shall be 10 feet.
Patio Cover Separation. The minimum separation between a detached solid patio cover
post/wall and a building on the same lot is six feet. The minimum separation between a detached
open lattice/trellis patio cover on a permanent foundation and a building may be less than six
feet. The minimum separation from eave to eave shall be one foot subject to building code
requirements.
(E) Variable Front Setback for Multifamily Projects. Projects with more than four units in
the RM District, more than eight units in the RMH District, or more than 14 units in the RH
District shall provide a minimum setback of 15\feet from any public right-of-way. Minimum
510% of the garages shall be set back 20 feet from the front property line. (See Section 210.12B.)
(F) Upper-Story Setbacks for Multifamily Structures. The covered portion of all stories
above the second story in any multi-family structure shall be set back an average of 10 feet from
the second floor front facade (see Exhibit).
•
24-14077/331911 4
ORDINANCE NO. 4308
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Upper Story Setback
(G) Interior Side Setback.
(1) In the RL, RM, RMH, including RM.H-A subdistrict, and RH Districts, interior side
Setbacks shall be minimum 10% of lot width,but not less than three feet and need not exceed
five feet, except as stated below.
(2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an
RL District, interior side setbacks shall be at least:
(a) 10 feet for units in single-story or two-story buildings.
(b) 14 feet for units above two stories.
Subject to approval of a conditional use permit,the Zoning Administrator or the Planning
commission, may approve upper-story setbacks in lieu of an increased side setback if the second
and third stories are set back the required distance.
(H) Street Side Setbacks.
(1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts,the street side yard
shall be 20% of the lot width, minimum six feet and need not exceed 10 feet.
(2) In the RMH-A subdistrict, street side setback shall be minimum five feet.
(3) For projects with 10 or more multi-family units (including RMH-A subdistrict), the street
side setback shall be the same as the front setback.
(I) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback
adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and
located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement.
24-14077/331911 5
ORDINANCE NO. 4308
(J) Zero Side or Rear Setback.
(1) A zero interior side setback may be permitted provided that the opposite side setback on the
same lot is minimum 20% of the lot width, not less than five feet, and need not exceed 10 feet,
and shall be subject to the requirements listed in paragraph(3) of this subsection.
(2) A zero rear setback may be permitted provided that the opposite rear setback for the
Adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in
paragraph(3) of this section.
(3) A zero side or rear setback may be permitted subject to the following requirements:
(a) The lot adjacent to the zero side or rear setback shall either be held under the same
ownership at the time of application or a deed restriction or agreement approved as to form by
the City Attorney shall be recorded giving written consent of the adjacent property owner.
(b) A maintenance easement, approved as to form by the City Attorney, shall be recorded
between the property owner and the owner of the adjacent lot to which access is required in order
to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant
running with the land. No building permits shall be issued until such recorded maintenance
easement has been submitted.
(c) Separation between the proposed structure and any structure on an adjacent lot shall either
be zero or a minimum of five feet.
(d) No portion of the dwelling or any architectural features shall project over the property line.
(e) The zero setback shall not be adjacent to a public or private right-of-way.
(f) Exposure protection between structures shall be provided as specified by the Fire
Department and Building Division.
(4) Double zero side setbacks may be permitted for planned unit development projects subject
to approval of a conditional use permit and compliance with Section 210.12(B).
(K) Garage Setbacks.
(1) Setbacks for the main dwelling shall apply, except as specifically stated below:
(a) Front entry garage: 20 feet.
(b) Side entry garage: 10 feet.
(c) Garage with alley access: 5 feet.
(2) For garages with rear vehicular access from an alley and located on a lot 27 feet wide or
less, the side setback adjacent to a street or another alley may be reduced to three feet.
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ORDINANCE NO. 4308
(3) A minimum 25-foot turning radius is required from the garage to the opposite side of the
street, alley, drive aisle or driveway.
ENTRY GARAGE
Property line
j ■ Maim=20'from
garage to property line
Sidewalk
Street
ATTACHED SEE
ENTRY GARAGE
A—Property Line
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Minim nm 1 9'from
garage to proparty lam^
M•ii111111•1111•11111u Sidewalk
Min 25' Street
Radius
Property line
Alley- —lqinimmsa.25'from garage to property line on the ott1er side of the existing alley
garage to PropettYlime
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Sidewalk
Street
(L) Projections into Setbacks.
(1) See Section 230.68, Building Projections into Yards.
(2) Balconies and bay windows may project into required setbacks and usable open space areas
subject to Section 230.68, provided that balconies have open railings, glass, or architectural
details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are
not allowed to project into required setbacks.
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ORDINANCE NO. 4308
(M) Height Requirements. See Section 230.70, Measurement of Height, and Section 230.72,
Exceptions to Height Limits.
(1) Single-family dwellings in all residential districts, except lots in the RMH-A subdistrict
with less than 50 feet of frontage shall comply with the following standards:
(a) Second story top plate height shall not exceed 25 feet measured from the top of the
subfloor/slab directly below.
(b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet.
(c) Maximum building height for main dwellings shall be 35 feet; however, main dwellings
exceeding 30 feet in height shall require approval of a conditional use permit by the Zoning
Administrator.
(d) Habitable area, which includes rooftop decks and balconies, above the second story top
plate line shall require approval of a conditional use permit by the Zoning Administrator.
Habitable area above the second story plate line shall be within the confines of the roof volume,
with the following exceptions:
1. Dormers, decks and other architectural features may be permitted as vertical projections
above the roof volume provided the projections are set back five feet from the building exterior
and do not exceed the height limits as stated above.
2. Windows and deck areas above the second story plate line shall orient toward public rights-
of-way only.
Donturs,decks and other
architectural features must
Habitable Areas arc 111111111.1 be setback 5' from
ai confined within the building ea for
roof volume
• accessed from within
the main dwelling
subject to conditional
use permit approval
HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE
FOR SINGLE FAMILY DWELLINGS.
IN ALL RESIDENTIAL DISTRICTS EXCEPT'RM -A SUBDISTRICT
T
24-14077/331911 8
ORDINANCE NO. 4308
e) Access to any habitable area above the second story top plate line shall be provided within
the main dwelling and shall be consistent with internal circulation. Exterior stairways between
the ground floor and a habitable area above the second story plate line shall be prohibited.
Two vertical cross-sections through the property(front-to-back and side-to-side) that show the
relationship of each level in a new structure and new levels added to an existing structure to both
existing and finished grade on the property and adjacent land within five feet of the property line
shall be submitted in order to determine compliance with this subsection.
(2) Single-family dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage
shall comply with the following standards:
(a) Second story top plate height shall not exceed 25 feet measured from the top of the
subfloor/slab directly below.
(b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet.
(c) In the front and rear 25 feet of the lot, maximum building height for all structures, including
railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be
35 feet.
Front
Property
Line F
1 6
' I
j Lj 35'maximum
25'maximum j height at top
height in the j city CQof
front and rear 25'of 25 ,the lot
I i
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StreetRear
open
?5' 25' E Line
Maximum Building Height for Single-Family Dwellings on Lots Less Than 50 Feet Wide in
RMH-A Subdistrict
(d) Access to any habitable area above the second story top plate line shall be provided within
the main dwelling and shall be consistent with internal circulation. Exterior stairways between
the ground floor and a habitable area above the second story plate line shall be prohibited.
Two vertical cross-sections through the property(front-to-back and side-to-side) that show the
relationship of each level in a new structure and new levels added to an existing structure to both
24-14077/331911 9
ORDINANCE NO. 4308
existing and finished grade on the property and adjacent land within 5 feet of the property line
shall be submitted in order to determine compliance with this subsection.
(3) Accessory Structures. See Section 230.08, Accessory Structures. Accessory structures
located on projecting decks abutting a waterway shall comply with the height established in
subsection (R).
(4) Recreation Buildings. The maximum height of a recreation building for multi-family,
planned residential, and mobile home park projects shall be established by the conditional use
permit.
(N) Minimum Floor Area. Each dwelling unit in a multifamily building and attached single-
family dwellings shall have the following minimum floor area.
Unit Type Minimum Area (Sq. Ft.)
Studio 50Q
One bedroom 650
Two bedrooms 900
Three bedrooms 1,100
Four bedrooms 1,300
All detached single-family dwellings shall have a minimum 1,000 square feet of floor area not
including the garage and shall be a minimum of 17 feet in width.
(0) Open Space Requirements.
(1) The minimum open space area(private and common) for multi-family residential projects
in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential
floor area per unit (excluding garages).
(2) Private Open Space.
(a) Private open space shall be provided in courts or balconies within which a horizontal
rectangle has no dimension less than 10 feet for courts and six feet for balconies. A minimum
patio area of 70 square feet shall be provided within the court.
(b) The following minimum area shall be provided:
24-14077/331911 10
ORDINANCE NO. 4308
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
c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants.
Private open space shall not be accessible to any dwelling unit except the unit it serves and shall
be physically separated from common areas by a wall or hedge exceeding 42 inches in height.
(d) A maximum of 50% of the private open space requirement, may be on open decks above
the second story subject to approval of a conditional use permit by the Zoning Administrator,
provided that no portion of such deck exceeds the height limit.
(e) Patio and balcony enclosures within existing planned developments or apartment
complexes shall be subject to the following conditions:
1. A maximum of one enclosure per unit shall be allowed.
2. The existing balcony or patio area shall not be enlarged.
3. The balcony or patio enclosure shall comply with the current setback and height
requirements for the district in which the site is located.
4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque
walls, except an existing solid roof may be part of the enclosure.
5. No structural change shall occur to the interface wall and doorway between the enclosure
and the adjacent inside room of the building,unless the balcony/patio is replaced with equivalent
unenclosed area for use as private open space.
6. The enclosed area shall be considered as private open space and may be counted toward
current private open space requirements.
7. Required egress for fire escape routes shall be maintained.
(3) Common Open Space.
(a) Common open space, provided by interior side yards, patios, and terraces, shall be designed
so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and
shall not include driveways,parking areas, or area required for front or street side yards.
(b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse,
swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation
facility.
24-14077/331911 11
ORDINANCE NO. 4308
(4) The Director may allow a reduction in the open space requirement to 10% of the livable
area per unit for projects with less than 10 units and located within walking distance of 1,000 feet
of a public park or beach.
(P) All habitable rooms in a dwelling unit must be accessible from within the dwelling.
(Q) Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on
waterfront lots may be permitted subject to the development standards set forth in this chapter,
Chapter 245, Chapter 17.24, and the following requirements:
(1) Projecting Decks. Decks on waterfront lots may project five feet beyond the bulkhead
provided the decks comply with the side setbacks required for the main dwelling.
(2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such
as plastic, canvas, fiberglass,tempered glass or metal, except for necessary bracing and framing.
The maximum height for windscreens shall be seven feet above the finished surface of the deck
at the bulkhead line.
(3) Fencing. All portions of fencing within the required rear setback area shall comply with
Section 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 (including eaves) may be permitted to project five feet into the
rear yard setback; however, construction materials shall allow compliance with visibility
provisions below.
(6) Visibility. The portion of any windscreen, fence or patio cover in the rear yard setback or
solarium above 36 inches in height shall be composed of materials and design which allow a
minimum of 85%transmission of light and visibility through the structure in each direction when
viewed from any angle.
(7) Removal.Decks,solariums and windscreens projecting over waterways which do not comply
with the above provisions may be removed by the City upon 30 days' written notice. Such
projections are declared to be a privilege which can be revoked for noncompliance and not a vested
right.
24-14077/331911 12
ORDINANCE NO. 4308
Bulkhead Solarium Projecting deck 2 1f2e Max.
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Waterfront Lot Projections
(R) Landscaping.
(1) A minimum 40% of the front yard shall be landscaped. For single-family residences in the
RMH-A subdistrict, a minimum three-foot wide landscape planter along the front property line
(excluding maximum five-foot-wide walkway) may be provided in lieu of the 40% requirement.
A maximum 18-inch high planter wall may be constructed along the front property line.
(2) All required trees specified in Chapter 232 shall be provided.
(3) All subdivisions shall provide a minimum five-foot-wide landscaped area along arterial
street/highway property lines. The actual required width shall be determined during the planning
process. Maintenance of said landscaped area shall be by a homeowners association, property
owner or other method approved by the City of Huntington Beach.
(S) Lighting. A lighting system shall be provided in all multi-family projects along all
vehicular accessways 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.
(T) See Section 230.08, Accessory Structures.
(U) Solid patio covers open on at least two sides may be permitted an additional five percent
site coverage. Open lattice patio covers are exempted from site coverage standards.
(V) Properties subject to residential privacy design standards shall:
(1) Off-set bedroom and bathroom windows above the first floor from bedroom and bathroom
windows above the first floor on existing adjacent single-family residences.
24-14077/331911 13
ORDINANCE NO. 4308
(2) Orient upper story balconies toward the subject home's front or rear yard areas, a public
street, or permanent open space. The yard area or direction faced by the longest side of the
balcony shall determine the orientation. A minimum 20-foot separation between the exterior face
of the balcony or deck and the existing adjacent structure may be provided if orientation
requirements cannot be met.
(W) No person, firm or corporation shall move any building, structure, or portion of a building
or structure into the City or relocate within the City, or cause the same to be done without first
obtaining a separate relocation permit for each building or structure. See HBMC Chapter 17.28 —
Moving Buildings.
SECTION 3. This ordinance shall become effective immediately 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 o?/day of ✓ _, 2024.
►rs,
Mayor
ATTEST: APPROVED ORM:
9-467421114A4)
CC14_
City Clerk Attorney
REV ' ' ED A I D APP •VED: INITIATED AND APPROVED:
City Manager irect r of Community Development
24-14077/3 31911 14
Ord. No. 4308
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on May 7, 2024, and was again read to said City Council
at a Regular meeting thereof held on May 21,2024, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Orange County Register on May 30,2024.
�'
In accordance with the City Charter of said City. d yr/'U'Gl� f
till4A4)'
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California