The intent and purpose of this chapter is to establish a specific
plan for the Arch Beach Heights Tract and it is enacted pursuant to
the authority of Article 9, Chapter 3 of Division 7 of the Government
Code of the state of California. It is recognized that the subject
area, because of its lot configuration, topographical situation, historical
development pattern and proximity to necessary public services has
special problems which must be solved with specific planning solutions,
development controls and public actions. It is the intent of this
portion of the Arch Beach Heights Specific Plan to apply guidelines
and controls over private development, which guidelines and controls
will be more specifically suited to meet the special needs and problems
of the area in a manner which will best protect the health, safety
and welfare of the residents both within the subject area and within
the remainder of the city.
(Ord. 795 § 1, 1974)
The property to be included within the specific plan is described
as all of the land shown on the final subdivision map of Arch Beach
Heights dated April 18, 1911, and recorded in Book 7, pages 9 and
10, Miscellaneous Maps, Orange County, California.
(Ord. 795 § 1, 1974)
All uses permitted in the R-1 zone, subject to the standards
of the R-1 zone, the Uniform Building Code, the subdivision ordinance,
and other development policies, are permitted, except as modified
in this specific plan.
(Ord. 795 § 1, 1974)
Lot Area and Dimensions, Existing Building Sites. Vacant legal
building sites in existence on April 17, 1974 shall continue to remain
legal building sites, except that adjacent vacant building sites under
the same ownership on and after April 17, 1974, shall meet the following
minimum standards: Lot area—five thousand square feet; lot width—
fifty feet; lot depth—eighty feet, except as otherwise shown
in the following examples:
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(Ord. 795 § 1, 1975; Ord. 832 § 13, 1975)
Any parcel for which a valid building permit application was pending prior to April 17, 1974 shall be exempt from the requirements of Sections 25.35.040 and 25.35.050.
(Ord. 795 § 1, 1974)
Applications for building permits on vacant lots shall be accompanied
by a title report showing the record ownership of the subject lot,
and all lots sharing a common lot line with the subject lot, on and
after April 17, 1974, up to the time of the building permit application,
to ascertain whether said lots are owned by the same person.
(Ord. 795 § 1, 1974; Ord. 832 § 14, 1975)
Parcels existing as of April 17, 1974, which are not legal building
sites shall not be made building sites unless they meet all lot area
and dimension requirements, street improvement requirements, and other
development standards in effect at the time they are made building
sites.
(Ord. 795 § 1, 1974; Ord. 832 § 15, 1975)
A vacant building site may be combined with one or more vacant
lots that are not building sites provided that:
(A)
The gross floor area on the combined lot does not exceed 1.7 times the buildable area of the original, building site. Gross floor area shall be as defined in Section 25.08.012 of this title and buildable area shall be as defined in Section 25.35.150 of this chapter. Except as set forth in subsection (E) of this section, this standard shall represent the maximum allowable gross floor area. The actual development allowed may be less due to localized conditions identified during the design review process.
(B)
All proposed development shall be subject to the applicable standards of the Arch Beach Heights specific plan, except that a lot combination combining a vacant building site with one or more vacant lots that are not building sites does not qualify for the building permit points granted under Section 25.35.150 of this chapter.
(C)
All proposed development shall be subject to design review requirements, goals and criteria, and processing as identified in Section 25.05.040 of this title.
(D)
Special Findings Required. The following special findings must be
made by the design review board when approving development proposed
for lot combinations:
(1)
The encroachment of development into the vacant lot areas that were
not building sites results in protection or enhancement of public
and/or private views.
(2)
The proposed development minimizes development-related impacts on
the neighborhood and streetscape that would otherwise be permitted
on the original, building site under current zoning regulations.
(3)
The proposed development will have no adverse impact on environmentally
sensitive areas (ESAs) including, but not limited to, high and very
high value habitat.
(4)
The proposed development, after the incorporation of reasonable mitigation
measures, will not have any significant adverse impacts on non-ESA
high or very high value habitat.
(5)
The proposed development is in conformity with all applicable provisions
of the general plan, including the certified local coastal program
and the zoning code (Title 25).
(E)
The floor area limit may be increased by the design review board
when, in addition to the findings cited above, it is determined that
the mass and scale of the project are compatible with the neighborhood
pattern of development; it has been demonstrated that there are homes
of comparable size within the immediate neighborhood; and the project
is deemed a superior example of hillside development in accordance
with the city's design guidelines for hillside development as adopted
by Resolution No. 89-104 or as amended thereafter.
(Ord. 1347 § 1, 1998; Ord. 1485 § 8, 2008)
(A)
All new residences and accessory structures, and additions to existing residences and accessory structures, are subject to the design and review as per the zoning ordinance. The design review board shall be guided by the development standards set forth in Section 25.35.080 in addition to the normal design review criteria.
(B)
Design review shall be limited to those standards set forth in Sections 25.35.080 and 25.40.005. Additional guidelines may be adopted by resolution of the city council, upon recommendation of the design review board, when such guidelines are deemed warranted.
(C)
In the event that a project is disapproved by the design review board, the design review board shall state in writing the subsections of Section 25.35.080 or 25.40.005, or the guidelines adopted by resolution of the city council, upon which such disapproval is based, and shall further state the reason disapproval of the project is justified by said subsections or guidelines.
(Ord. 795 § 1, 1974; Ord. 929 § 1, 1978; Ord. 944 § 1, 1978)
(A)
Intent and Purpose. It is the intent and purpose of this section
to establish design review standards and controls over public and
private development in the Arch Beach Heights Tract. It is recognized
that the area has specific design constraints relating to its visibility
from the city below, historic development pattern and potential for
fire. In this respect, it is the declared intent of the city that
this section shall serve the following purposes:
(1)
To establish standards and policies that will promote and enhance
quality design, site relationships, and other aesthetic considerations
of development in the Arch Beach Heights Tract.
(2)
To improve and augment the controls now included in ordinances related
to planning and building in order to promote development which is
in the best interest of the public safety and welfare.
(3)
To recognize the interdependence of land values and aesthetics and
to implement these standards in the best interest of the city.
(B)
Standards.
(1)
All designs shall demonstrate an individuality of design, which should
be achieved primarily through a manipulation of the volume of the
structure rather than by means of nonessential architectural details.
(2)
While individuality of design should be achieved, the thrust should
be scaling down rather than duplication of existing bulk and size
of existing structures.
(3)
Lot coverage shall not exceed that specified in the zoning ordinance
for R-1 development.
(4)
All designs shall limit areas of large blank walls by carefully planned
windows, porches, and smaller volumes.
(5)
Harsh boxlike structures, and structures which make extensive use
of glossy surfaces, or strong, glaring colors, shall be avoided.
(6)
On downhill homes, all designs shall avoid vertical repetitive detailing
which adds to the illusion of height.
(7)
All designs shall minimize roof penetration by grouping all plumbing
vents and ducts together.
(8)
All vents, gutters, downspouts, louvers, exposed flashings, and service
doors shall be treated as architectural design elements, and shall
be painted to coordinate with the color scheme of the structure.
(9)
Roof decks should not be permitted above the uppermost story, nor
should parapets, walls, protective roof deck railings or stair enclosures
exceed the roof height of the uppermost story, except as approved
by design review.
(10)
All exterior lighting should relate to the design of the structure,
and the light emitted shall not adversely affect neighboring properties,
exceed that reasonably necessary for security purposes, nor detract
from the aesthetics of the property.
(11)
All landscape plans shall address the functional aspects of landscaping
such as drainage, erosion prevention, wind barriers, shade, sound
absorption, dust abatement, and reduction of glare.
(12)
Landscaping shall be used in front and rear yards to relieve solid,
unbroken elevations and to soften continuous wall expanses.
(13)
All designs shall incorporate the use of shrubbery and trees to reduce
the appearance of height.
(14)
The area between the underside of the building and finished grade
should be completely enclosed, except as approved by design review.
(15)
There shall be provided a storage area for at least two garbage and
trash containers, minimum forty-gallon capacity each, completely enclosed
from view, easily accessible to the street. Such areas shall be protected
by at least one-hour fire rating.
(16)
A general storage area of at least four hundred cubic feet, completely
enclosed from view, shall be provided within each garage or carport,
except as approved by design review.
(17)
All developments should seek to minimize the difference between the
natural grade and the finished project height by such methods as split
level or stepping down the building along with the grade.
(Ord. 795 § 1, 1974; Ord. 929 § 1, 1978; Ord. 944 § 1, 1978)
(A)
Front Yard. The front yard shall be as specified for R-1 development
in the zoning regulations. The front yard carport is provided within
the main building area. A driveway within the front yard must observe
the standard side yard requirement, in order to allow room for landscaping.
(B)
Side Yards. Side yards shall be as specified for R-1 development
in the zoning regulations. Exceptions shall be as follows:
(1)
On lots fifty feet or less in width, a dwelling unit may observe
a zero sideyard setback on one side of the lot provided that:
(a)
Dwelling units sharing a common zero setback are of an integrated
design and are constructed concurrently; and
(b)
The opposite side yard is at least twenty percent of the lot width,
with a minimum of six feet required. Encroachment not exceeding six
feet in horizontal dimension may observe a minimum four feet side
yard.
(2)
No redistribution of required side yards shall be permitted for lots
greater than fifty feet in width.
(3)
The vertical plane of glazed openings when projected horizontally
to an adjacent building within ten feet shall be no closer than six
feet to any glazed opening in such adjacent building.
(C)
The placement of trees, shrubs and other landscape features which
reduce the side yard pedestrian passageway clearance to less than
three feet is discouraged.
(Ord. 795 § 1, 1974; Ord. 832 § 16, 1975; Ord. 949 § 1, 1978; Ord. 1049 §§ 1 and 2, 1983; Ord. 1221 § 1, 1991)
Building height shall be as specified for R-1 development in
the zoning ordinance, except that the height of any building shall
not exceed thirty feet at any point above the finished grade or natural
grade, whichever is the lesser.
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(Ord. 795 § 1, 1974)
There shall be provided on each lot at least four parking spaces
per dwelling unit, two of which must be within a garage or carport.
The size of each parking space shall measure at least eight and one-half
feet by nineteen feet without obstruction. Tandem parking spaces are
permitted. Two conforming, uncovered parking spaces may be located
in the front setback. Parking spaces in the rear setback must be considered
as accessory structures, maintaining a minimum five-foot setback from
the main building, and covering no more than thirty-five percent of
the required rear yard area.
(Ord. 795 § 1, 1974; Ord. 832 § 17, 1975)
All utility service connections shall be placed underground.
There shall be no exposed wiring, piping, ducts, conduits or other
electrical, plumbing and mechanical equipment, except electrical and
gas meters.
(Ord. 795 § 1, 1974)
A park fee, as provided in Section 21.08.130 of this code, shall be collected prior to the issuance of a building permit. Park fees shall be used for the provision of park, open space, and recreation uses and areas within or immediately adjacent to the area covered by this specific plan.
(Ord. 795 § 1, 1974; Ord. 1007 § 1, 1981)
Applications for design review shall be accompanied by the following
minimum exhibits:
(A)
Landscaping, grading and drainage plans, showing existing and proposed
topography at two-foot contour intervals, plant types, sizes and locations,
planting details, underground sprinkler system and drainage system
for the entire site, excepting rear yards;
(B)
Site plan and details, showing all site constructions including paved
areas, storage areas, fences, trash enclosures, stairways, decks,
patios, etc.;
(C)
Tabulation of lot area and open land area;
(D)
A site plan showing the precise location of all buildings on adjacent
lots, their entranceways, window openings, and outdoor living areas,
all in relation to the proposed building and lot, accurately drawn
to scale;
(E)
Preliminary floor plans, elevations, architectural and site details,
color and material samples of exterior surfaces. These exhibits, when
approved, will be part of all construction requirements to be met
prior to occupancy, and will be used to assure that the entire site
layout and design is compatible with the design of the residence,
will assure a reasonable degree of residential privacy, and will be
compatible with other improvements in the neighborhood.
(Ord. 795 § 1, 1974; Ord. 832 § 18, 1975)
(A)
Points Required. Any proposed project shall earn a minimum of five points through the following system, prior to an application for design review being accepted. Project applicant has the opportunity to select from subsection (D) of this section the method of earning points to overcome environmental constraints associated with the project site.
(B)
Environmental Constraints.
Slope: Lots with an average slope exceeding thirty percent;
Open Space: Lots that are shown on the city's map of environmentally
sensitive areas as being entirely or partially within an "Open Space
Preserved" area;
Fire Hazard: Development which places a new building within
five feet of a property line.
(C)
Basic Point Rating. The following table indicates the basic number of points awarded to projects before bonus points are earned. Projects with five points or more need not earn additional points. Projects with less than five points must earn bonus points as provided in subsection (D).
(D)
Bonus Point Ratings. Bonus points may be earned by any one or combination
of the following methods:
(1)
Lot Combination:
Combination with one adjacent lot—2 points.
Combination with two adjacent lots—4 points.
(2)
Maximum Height Reduction:
Maximum height reduced by 5 feet—1 point.
Maximum height reduced by 10 feet—2 points.
(3)
Floor Area Ratio:
(a)
25ʹ x 100ʹ lot:
Gross structural area does not exceed 1.4 times buildings area—1
point.
Gross structural area does not exceed 1.1 times buildable area—2
points.
(b)
50ʹ x 100ʹ or larger lot:
Gross structural area does not exceed .8 times buildable area—1
point.
Gross structural area does not exceed .6 times buildable area—2
points.
"Gross structural area" means the total square footage of all
structures (not including the area allocated for required parking).
"Buildable area" means the total area of the parcel minus the
area of all required setbacks pursuant to the local zoning regulations.
(4)
Density Relief:
Dedication of a 25ʹ x 100ʹ building site—4
points.
(a)
Adjacent property owner will have the first right of refusal (dedicated
open space).
(b)
Property owners on the same street between adjacent intersections
will have second right of refusal (dedicated open space).
(c)
If dedication has been refused for six months from the offer, point
credit will be given as if it had been accepted. Lot will retain same
building status.
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Existing Condition Number of Environmental Constraints
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|---|---|---|---|---|
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Building Site Type
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0
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1
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2
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3
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3 or more 25′ x 100′ lots combined
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7 points
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6 points
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5 points
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4 points
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2 25′ x 100′ lots
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6 points
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5 points
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4 points
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3 points
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1 25′ x 100′ lot (No adjacent vacant lot)
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5 points
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4 points
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3 points
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3 points
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1 25′ x 100′ lot (with adjacent vacant lot)
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3 points
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2 points
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1 point
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1 point
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(Ord. 951 § 1, 1978; Ord. 959 § 1, 1978)
