HomeMy WebLinkAboutOrdinance #4312 (2) ORDINANCE NO. 4312
AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING
CODE 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 230 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 230.08 of the Huntington Beach Zoning Code is hereby
amended to read as follows:
230.08 Accessory Structures
For purposes of applying these provisions, accessory structures are inclusive of minor accessory
structures, except where separate provisions are provided in this section.
A. Timing. Accessory structures shall not be established or constructed prior to the start of
construction of a principal structure on a site, except that construction trailers may be placed on a
site at the time site clearance and grading begins and may remain on the site only for the duration
of construction.
B. Location. Except as provided in this section, accessory structures shall not occupy a
required front, side or street side yard or court. An accessory structure shall be set back five feet
from the rear property line except no setback is required for accessory structures, excluding
garages and carports, which abut an alley.
Minor accessory structures may be located within the front yard setback provided they do not
exceed 42 inches in height. Minor accessory structures may be located in required side and rear
yard setbacks provided:
1. The structure is located in the rear two-thirds of the lot;
2. A minimum five-foot clearance is maintained between said structure and the dwelling
if it is located in a required side yard;
24-14077331923 1
ORDINANCE NO. 4312
3. Minor accessory structures over eight-foot high shall be screened by a two-foot high
lattice fence/wall extension above the six-foot high fence/wall to protect views from an
adjacent property. The screening shall be provided by the property owner installing the
minor accessory structure; and
4. Rock formations shall be set back one foot from the side and/or rear property lines for
each foot of rock formation height, maximum five-foot setback required.
)(\c‘ t t
'c,,,,N t 1 ..,.. ,
,,fir, , —.�,•
. .�. 1 ►{Ft }-r -r
Y • ,F r 1.. d '
' 'PT re'T-7,4 -1..'c 61014,1511:14cA. I.all.6—miih 1 jilord
' It P/' 411)iikli4t1i411. 14` '' eiMic q
C. Maximum Height. Fifteen feet, except a detached garage for a single-family or multi-
family dwelling may exceed the maximum height when it is designed to be architecturally
compatible with the main dwelling and doe not include habitable floor area.
D. Maximum Size in RL District. In an RL District,the total gross floor area of accessory
structures, including garages, more than four feet in height that are not attached to a dwelling
shall not exceed 600 square feet or 10% of lot area, whichever is more.
E. Patio Covers. A patio cover open on at least two sides and complying with all other
provisions of this subsection may be attached to a principal structure or detached provided a five-
foot clearance from the post/wall to side and rear property lines is maintained. A patio cover
must comply with the minimum front yard setback.
F. Decks. A deck 30 inches or less in height may be located in a required yard.
24-14077/331927 2
ORDINANCE NO. 4312
G. Separation. The distance between buildings on the same lot shall not be less than 10 feet.
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 building may be less than six feet. The minimum separation
from eave to eave shall be one foot subject to building code requirements.
SECTION 2. That Chapter 230.12 of the Huntington Beach Zoning Code is hereby
amended to read as follows:
230.12 Home Occupation in R Districts
A. Permit Required. A home occupation in an R district shall require a business license. If the
home occupation involves instruction and/or service, e.g., music lessons, beauty shop, swimming
lessons or other similar uses as determined by the Director,then an administrative permit is
required subject to Neighborhood Notification in compliance with Chapter 241. The Director
shall approve the permit upon determining that the proposed home occupation complies with the
requirements of this section.
B. Contents of Application. An application for a home occupation permit shall contain:
1. The name, street address, and telephone number of the applicant;
2. A complete description of the proposed home occupation, including number and
occupation of persons employed or persons retained as independent contractors, amount of
floor space occupied,provisions for storage of materials, and number and type of vehicles
used.
3. For home occupations involving instruction and/or service,Neighborhood Notification
shall be required in compliance with Chapter 241.
C. Required Conditions. Home occupations shall comply with the following conditions:
1. A home occupation shall be conducted entirely within one room in a dwelling, with the
exception of swimming lessons.No outdoor storage shall be permitted. Garages shall not be
used in connection with such business except to park business vehicles.
2. No one other than a resident of the dwelling shall be employed on-site or report to
work at the site in the conduct of a home occupation. This prohibition also applies to
independent contractors.
3. There shall be no display of merchandise, projects, operations, signs or name plates of
any kind visible from outside the dwelling. The appearance of the dwelling shall not be
altered, nor shall the business be conducted in a manner to indicate that the dwelling or its
premises is used for a nonresidential purpose, whether by colors, materials, construction,
lighting, windows, signs, sounds or any other means whatsoever.
24-14077/331927 3
ORDINANCE NO. 4312
4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood.
5. No commercial vehicle or equipment used in conjunction with the home occupation
shall be parked overnight on an adjacent street or in any yard visible from the street.
6. No motor vehicle repair for commercial purposes shall be permitted.
7. A home occupation shall not include an office or salesroom open to visitors, and there
shall be no advertising of the address of the home occupation.
8. Where a home occupation involves swimming instruction in an outdoor swimming
pool, each swimming class shall be limited to four students, and no more than two vehicles
shall be used to transport students to such classes.
9. Any authorized City employee may inspect the premises of a home occupation upon
48 hours notice to ascertain compliance with these conditions and any requirements of this
Code. The permit for a home occupation that is not operated in compliance with these
provisions, and/or all conditions of an administrative permit, shall be revoked by the
Director after 30 days written notice unless the home occupation is altered to comply.
10. No renting out the premises for commercial purposes, e.g. parties, commercial filming
activities, or other similar activities shall be permitted.
SECTION 3. That Chapter 230.68 of the Huntington Beach Zoning Code is hereby
amended to read as follows:
230.68 Building Projections Into Yards
Projections into required yards shall be permitted as follows:
Allowable Projections in Feeta
Street Side
Front Yard Side Yard Yard Rear Yard
Fireplace or chimney 2.5 2.5b 2.5 2.5
Cornice, eaves and ornamental features 3 2.5b 3 3
Mechanical equipment 2 2b 2b 2
Uncovered porches,terraces, platforms, 6 3 4 5
subterranean garages, decks, and patios
not more than 3 feet in height serving
only the first floor
Stairs, canopies, awnings and uncovered 4 2b 4 4b
porches more than 3 feet in height
Bay windows 2.5 2.5b 2.5 2.5
Balconies 3 2b 3 3
24-14077/331927 4
ORDINANCE NO. 4312
Notes:
a No individual projection shall exceed 1/3 of the building length, and the total of all
projections shall not exceed 2/3 of the building length on which they are located. Eaves are not
subject to these limitations.
b A 30-inch clearance from the property line shall be maintained.
SECTION 4. That Chapter 230.88 of the Huntington Beach Zoning Code is hereby
amended to read as follows:
230.88 Fencing and Yards
No portion of a required yard area provided for a structure on a lot shall be considered as part of
the yard area for any other structure on the same or an adjacent lot. In all districts, minimum
setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B, C and D are
hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs
between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply
with the following criteria in all districts or as specified.
A. Permitted Fences and Walls.
1. Fences or walls a maximum of 42 inches in height may be located in any portion of a
lot. Fences or walls exceeding 42 inches in height may not be located in the required front
yard, except as permitted elsewhere in this section.
2. Fences or walls a maximum of eight feet in height may be located in required side and
rear yards, except as excluded in this section. Fences or walls exceeding eight feet in height
may be located in conformance with the yard requirements applicable to the main structure
except as provided for herein or in the regulations of the district in which they are located.
Fences or walls exceeding six feet in height or extensions to existing walls shall require
submittal of engineering calculations to the Building and Safety Division.
a. Fences and walls located adjacent to arterials along the rear and/or street side yard
property lines, and behind the front setback, may be constructed to a maximum total
height of eight feet including retaining wall with the following:
i. The proposed building materials and design shall be in conformance with the
Urban Design Guidelines.
ii. The property owner shall be responsible for the care and maintenance of
landscape area(s) and wall(s) and required landscape area(s).
iii. Approval from Public Works Department.
24-14077/331927 5
ORDINANCE NO. 4312
Notes:
a No individual projection shall exceed 1/3 of the building length, and the total of all
projections shall not exceed 2/3 of the building length on which they are located. Eaves are not
subject to these limitations.
b A 30-inch clearance from the property line shall be maintained.
SECTION 4. That Chapter 230.88 of the Huntington Beach Zoning Code is hereby
amended to read as follows:
230.88 Fencing and Yards
No portion of a required yard area provided for a structure on a lot shall be considered as part of
the yard area for any other structure on the same or an adjacent lot. In all districts, minimum
setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B, C and D are
hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs
between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply
with the following criteria in all districts or as specified.
A. Permitted Fences and Walls.
1. Fences or walls a maximum of 42 inches in height may be located in any portion of a
lot. Fences or walls exceeding 42 inches in height may not be located in the required front
yard, except as permitted elsewhere in this section.
2. Fences or walls a maximum of eight feet in height may be located in required side and
rear yards, except as excluded in this section. Fences or walls exceeding eight feet in height
may be located in conformance with the yard requirements applicable to the main structure
except as provided for herein or in the regulations of the district in which they are located.
Fences or walls exceeding six feet in height or extensions to existing walls shall require
submittal of engineering calculations to the Building and Safety Division.
a. Fences and walls located adjacent to arterials along the rear and/or street side yard
property lines, and behind the front setback, may be constructed to a maximum total
height of eight feet including retaining wall with the following:
i. The proposed building materials and design shall be in conformance with the
Urban Design Guidelines.
ii. The property owner shall be responsible for the care and maintenance of
landscape area(s) and wall(s) and required landscape area(s).
iii. Approval from Public Works Department.
24-14077/331927 5
ORDINANCE NO. 4312
b. Exception. A maximum two-foot lattice extension(wood or plastic) that is
substantially (minimum 50%) open may be added to the top of the six foot high wall or
fence on the interior property line without building permits.
3. Fences or walls in the rear yard setback area of a through lot shall not exceed 42 inches
in height. This subsection shall not apply to lots abutting arterial highways.
4. Retaining walls shall comply with the following:
a. Where a retaining wall is located on the property line separating lots or parcels
and protects a cut below the natural grade, such retaining wall may be topped by a
fence, wall or hedge of the same height that would otherwise be permitted at the
location if no retaining wall existed.
b. Where a retaining wall is on the property line of a rear yard abutting an arterial or
exterior side yard and contains a fill of two feet or less or protects a cut below the
existing grade, such retaining wall may be topped with a six-foot decorative masonry
wall. The maximum height of the wall, including retaining wall, shall not exceed eight
feet.
c. Where a retaining wall is on the property line of a rear yard abutting a local street,
the maximum retaining wall height shall be 24 inches as measured from the adjacent
curb and may be topped with a maximum 18-inch decorative wall or fence for a total
height of 42 inches.
d. i. The maximum height of a retaining wall on the front property line shall be
36 inches as measured from the top of the highest adjacent curb. Subject to
the Director's approval, a maximum 42-inch high wall or fence may be
erected above the retaining wall with a minimum three-foot setback from the
front property line.
ii. In the RMH-A subdistrict, the maximum height of a retaining wall on the
front property line shall be 18 inches as measured from the top of the highest
adjacent curb. Subject to the Director's approval, a second retaining wall up to 18
inches in height may be erected above the 18-inch high retaining wall with a
minimum three-foot front setback. A wall or fence up to 42 inches in height may
be erected on top of the retaining wall with the minimum three-foot front setback
(see exhibit below).
24-14077/331927 6
ORDINANCE NO. 4312
aszpira
z'.
unit.ping 1
■
j ■
H
Erma _.„, 4j ,
n�ratrikaro ■
Mem41" Patio
■
Iqa 5<t ✓v✓v J✓:.s./s•.r.l... .,Jl✓.itr':+'.+.J
asEtir
!4 1wT tag ItigaininaMt1111
Sanal,P cmi xtzi.I7
e. Retaining wall and fence combinations over eight feet in height shall be
constructed with a variation in design or materials to show the distinction. Retaining
wall and fence combinations over six feet in height shall be designed without
decorative block or cap block, except if equal in strength to the main portion of the
fence.
f. Retaining wall and fence combinations over eight feet in height shall be
constructed with a variation in design or materials to show the distinction. Retaining
wall and fence combinations over six feet in height shall be designed without
decorative block or cap block, except if equal in strength to the main portion of the
fence.
5. The height of any fence, wall or hedge located in the front yard setback shall be
measured from top of the highest adjacent curb. All other fence heights shall be measured
from existing grade.
6. In the industrial districts, nine-foot-high fences may be permitted in the side and rear
setbacks up to the front building line.
7. Deviations from the maximum height requirements for walls as prescribed by this
section may be permitted subject to an approval of Conditional Use Permit by the Zoning
Administrator.
8. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or
obstructs public access to the shore.
B. Required Walls.
1. When office, commercial or industrial uses abut property zoned or used for residential,
a minimum six-foot-high solid six-inch concrete block or masonry wall shall be required. If
a wall meeting these standards already exists on the abutting residential property, protection
24-14077/331927 7
ORDINANCE NO. 4312
from vehicle damage shall be provided. The maximum fence height shall be eight feet at the
common property line.
2. Industrial screening walls abutting arterial highways shall be architecturally
compatible with surrounding properties, constructed of a minimum six-inch-wide decorative
masonry block, and designed with landscape pockets at 35-foot intervals along the street
side sufficient in size to accommodate at least one 15-gallon tree.
C. Visibility.
1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater
than 42 inches in height may be located within the triangular area formed by measuring 10
feet from the intersection of the rear and street side property lines (see Diagram C).
2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction
between 42 inches and seven feet in height as measured from the adjacent curb elevation
may be located within the triangular area formed by measuring 25 feet from the intersection
of the front and street side property lines or their prolongation. Trees trimmed free of
branches and foliage so as to maintain visual clearance below seven feet shall be permitted
(see Diagram A).
3. Visibility of a driveway crossing a street or alley property line or of intersecting
driveways shall not be blocked between a height of 42 inches and seven feet within a
triangular area formed by measuring 10 feet from intersecting driveways or street/alley and
driveway except in situations where the garage is constructed with less than a 10-foot
setback from the alley right-of-way. In those situations the measurement of the visibility
triangle shall start at each corner or side of the garage door, measured perpendicular to the
rear property line, then measured 1 Q feet away from the edge of the garage door and parallel
to the rear property line (typically the alley right-of-way). The maximum height of any
structures or landscaping within this triangular zone shall be 42 inches high (see Diagram
D).
24-14077/331927 8
ORDINANCE NO. 4312
yo
1010111
•
•
Ali
Diagram A
Y i N
•
• •
• 1
•
I
N •
• •
I I
Street/Alley
Diagram B
24-14077/331927 9
ORDINANCE NO. 4312
tramco tratot
tot LOT c�R'toT *A R&
. ,,,1.! I r A A �.,.�.
1,->lt, \*,\\,,,,,,,,\\.:\:\\'' \\\.\1,,,,,., \ \\, 77T \ NI 1,..1 ,
'' e FFF I gg
ij �\\:: .\\\\\\\\\ 1
tF
,. \ \ \ i \
1r
\ \ :
v ''\\''',\\':.\\., \\\\ \ V\\\\
1'40(1448
t iLOT G4LOT HEIGHT MEASUREMENT OF FENCE OR WALL
4 \\, a gtwoet u,°te a
YS. _ 4 A NkEsSballmsartEsf
Z..,,1 ,`_ Diagram C
VOW 4.4.4 lietT.
•
steel or Alley POW)
lOri,, 10ft
PL ".".. 161,1 to 10 t: • t.r.
axer,Doge
PL PL
PL.
Diagram D
24-14077/331927 10
ORDINANCE NO.4312
SECTION 5. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED b�the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2024.
or
ATTEST: APPROVED FORM:
, 9A-14 cc
LI
City Clerk it Attorney
REVIEWED AND ED: INITIATED AND APPROVED:
/t-L,>"
City Manager *r or of Community Development
24-14077/331927 11
Ord. No. 4312
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. 61 /4{.14,-
In accordance with the City Charter of said City.
•••• Fstanislau,City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California