The purpose of the residential districts is to implement the
General Plan and Local Coastal Program Land Use Plan residential land
use designations. Five 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 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, multi-dwelling
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 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 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 35 units per acre.
E. The
RMP Residential Manufactured Home Park District provides sites for
mobile home or manufactured home parks, including parks with rental
spaces and parks where spaces are individually owned. Maximum density
is nine spaces per acre.
(3334-6/97, 4215-8/20)
In the following schedules, letter designations are used as
follows:
"P" designates use classifications permitted in residential
districts.
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"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.
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"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.
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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.
RL, RM, RMH, RH, and RMP Districts: Land Use Controls
|
---|
P = Permitted
L = Limited (see Additional Provisions)
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
|
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|
RL
|
RM
|
RMH, RH
|
RMP
|
Additional Provisions
|
---|
Residential Uses
|
|
|
|
|
(A)(M)(Q)
|
Day Care, Ltd.
|
P
|
P
|
P
|
P
|
|
Group Homes Incl. Sober Living Homes
|
L-8
|
L-8
|
L-8
|
L-8
|
|
Group Residential
|
-
|
-
|
PC
|
-
|
|
Multifamily Residential
|
|
|
|
|
(B)(C)(D)(R)
|
2 - 4 units
|
ZA
|
P
|
P
|
-
|
|
5 - 9 units
|
ZA
|
ZA
|
ZA
|
-
|
|
10 or more units
|
PC
|
PC
|
PC
|
-
|
|
Manufactured Home Parks
|
ZA
|
ZA
|
-
|
ZA
|
(E)(F)
|
Referral Facility
|
-
|
L-9
|
L-9
|
L-9
|
L-9
|
Residential Care Facility
|
P/PC
|
P/PC
|
P/PC
|
P/PC
|
(T)
|
Single-Family Residential
|
P
|
P
|
P
|
P
|
(B)(D)(F)(P)(R)(S)
|
Supportive Housing
|
L-7
|
L-7
|
L-7
|
L-7
|
|
Transitional Housing
|
L-7
|
L-7
|
L-7
|
L-7
|
|
Public and Semipublic
|
|
|
|
|
(A)(O)
|
Clubs & Lodges
|
PC
|
PC
|
ZA
|
ZA
|
|
Day Care, Large-family
|
L-6
|
L-6
|
L-6
|
L-6
|
|
Day Care, General
|
L-1
|
ZA
|
ZA
|
ZA
|
|
Park & Recreation Facilities
|
L-2
|
L-2
|
L-2
|
L-2
|
|
Public Safety Facilities
|
PC
|
PC
|
PC
|
PC
|
|
Religious Assembly
|
L-3
|
PC
|
PC
|
PC
|
|
Residential Care, General
|
-
|
PC
|
PC
|
PC
|
|
Schools, Public or Private
|
PC
|
PC
|
PC
|
PC
|
|
Utilities, Major
|
PC
|
PC
|
PC
|
PC
|
|
Utilities, Minor
|
P
|
P
|
P
|
P
|
|
Commercial
|
|
|
|
|
|
Communication Facilities
|
L-5
|
L-5
|
L-5
|
L-5
|
|
Horticulture
|
ZA
|
ZA
|
ZA
|
ZA
|
|
Nurseries
|
ZA
|
ZA
|
ZA
|
ZA
|
|
Visitor Accommodations
|
|
|
|
|
|
Bed and Breakfast Inns
|
-
|
-
|
L-4
|
-
|
|
Accessory Uses
|
P/U
|
P/U
|
P/U
|
P/U
|
(A)(G)(H)(I)(L)(M)
|
Temporary Uses
|
|
|
|
|
(J)(M)
|
Commercial Filming, Limited
|
P
|
P
|
P
|
P
|
|
Real Estate Sales
|
P
|
P
|
P
|
P
|
(N)
|
Personal Property Sales
|
P
|
P
|
P
|
P
|
|
Street Fairs
|
TU
|
TU
|
TU
|
TU
|
|
Nonconforming Uses
|
|
|
|
|
(K)(L)
|
L-1 A conditional use permit from the Planning Commission is required
and only allowed on lots 1.0 acre (gross acreage) or greater fronting
an arterial in RL District.
L-2 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-3 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.
L-4 A conditional use permit from the Zoning Administrator is required
and only allowed on lots 10,000 square feet or greater in RMH-A subdistrict.
See also Section 230.42, Bed and Breakfast Inns.
L-5 Only wireless communication facilities permitted subject to Section
230.96, wireless communication facilities.
L-6 Neighborhood notification is required pursuant to Section 241.24.
No architectural plans shall be required.
L-7 Supportive housing and transitional housing shall be considered a
residential use of property and shall be subject only to those restrictions
and processing requirements that apply to other residential dwellings
of the same type in the same zone.
L-8 Group Homes and Sober Living Homes.
A. A group home or sober living home with six or fewer residents in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific
Plan Mixed Use zone shall require a Special Use Permit from the Community
Development Director, and:
1. As measured from the property line to property line, a sober living
home shall be at least 1,000 feet from any other property that contains
a group home, sober living home, or State-licensed residential care
facility. Refer to the procedures and location requirements of Section
230.28.
B. A group home or sober living home with seven or more residents is not permitted in the RL zone. In the RM, RMH, RH, RMP, Specific
Plan Residential, or Specific Plan Mixed Use zone, a group home or
sober living home with seven or more residents shall
require a Conditional Use Permit from the Planning Commission, and:
1. As measured from the property line to property line, the group home
or sober living home shall be at least 1,000 feet from any other property
that contains a group home, sober living home, or State-licensed residential
care facility;
2. An application for an operator's permit that complies with Chapter
5.110 of the Huntington Beach Municipal Code (HBMC) shall be required for and may be granted to permit the operation of a group home or sober living home.
C. An applicant may seek relief from the strict application of this section by submitting a reasonable accommodation application to the Community Development Director setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Chapter
17.77 of the Huntington Beach Municipal Code.
L-9 A referral facility is any individual residential care facility,
group home, or sober living home where one or more person's residency
in the facility is pursuant to a court order or directive from an
agency in the criminal justice system. The following standards are
applicable to referral facilities:
A. Referral facilities are not permitted in the Residential Low Density
(RL) zone, and no referral facility may be located within 500 feet
of property that is zoned either Residential Low Density (RL) or Specific
Plan Residential Low Density areas, or within 500 feet of a school,
park, place of worship, or licensed day care facility.
B. A referral facility must have a manager on-site, 24 hours every day
to ensure the orderly operation of the facility and its compliance
with all applicable laws, regulations, and conditions.
C. No referral facility shall admit a resident who has been convicted
of any crime involving physical force against a person, illegal possession
of a weapon, possession or use of a weapon in the commission of a
crime, or a felony involving a controlled substance.
(A)
|
Any addition or modification subsequent to the original construction
that would result in an increase in the amount of building area, or
a structural or architectural alteration to the building exterior,
shall require an amendment to the previously approved conditional
use permit, if any, or approval of a new conditional use permit.
|
(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).
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(C)
|
A conditional use permit from the Zoning Administrator is required
for any multiple family residential development that:
|
|
(1)
|
Abuts an arterial highway;
|
|
(2)
|
Includes a dwelling unit more than 150 feet from a public street;
or
|
|
(3)
|
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. In addition, Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing manufactured home park.
|
(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)
|
|
(M)
|
Tents, trailers, vehicles, or temporary structures shall not
be used for dwelling purposes.
|
(N)
|
See Section 230.18, Subdivision Sales Offices and Model Homes.
|
(O)
|
Limited to facilities on sites of fewer than two acres.
|
(P)
|
See Section 230.22, Residential Infill Lot Developments.
|
(Q)
|
See Section 230.20, Payment of Parkland Dedication In-Lieu Fee.
|
(R)
|
Small Lot Development Standards for RM, RMH, and RH Districts.
A conditional use permit from the Planning Commission is required
for small lot residential subdivisions, including condominium maps
for detached single-family dwellings. See also Section 230.24, Small
Lot Development Standards.
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(S)
|
See Coastal Element Land Use Plan, Table C-2, for permitted
uses, development requirements and restrictions applicable to development
within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal
Element Land Use Plan. Subdivision design and development within Subarea
4K shall incorporate the information from the plans and studies required
in Table C-2 for development of that subarea. If there is a conflict
between the requirements and restrictions of Table C-2 and other provisions
of the Zoning and Subdivision Ordinance, the requirements and restrictions
included in Table C-2 shall prevail.
|
(T)
|
Unlicensed residential care facilities are not permitted in
any R district.
|
|
(1)
|
State licensed residential care facilities serving six
or fewer persons are permitted in the in the RL, RM, RMH, RH,
RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zones.
|
|
(2)
|
State licensed residential care facilities serving seven
or more persons in the RL (See Provision L-1), RM, RMH, RH,
RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone
are subject to a CUP by the Planning Commission pursuant to the requirements
of Section 230.28.
|
(3334-6/97, 3410-3/99, 3455-5/00, 3568-9/02, 3706-6/05,
3724-2/06, 3761-2/07, 3832-7/09, 3858-2/10, 4215-8/20)
(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.
(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 50% 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).
(G) Interior Side Setback.
(1) In the RL, RM, RMH, including RMH-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.
(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.
(3) A minimum 25-foot turning radius is required from the garage to the
opposite side of the street, alley, drive aisle or driveway.
(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.
(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.
(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.
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 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
|
500
|
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.
(O) 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:
Unit Type
|
Minimum Area (Sq. Ft.) Ground Floor Units
|
Units Above 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.
(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) Courts Opposite Windows in RM, RMH, and RH Districts (Excluding
the RMH-A Sub-District). Courts shall be provided in all multi-family
projects in the RM, RMH, and RH Districts subject to the following
requirements:
(1) Courts Opposite Walls on the Same Site. The
minimum depth of a court 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 (see diagrams
that follow).
(2) Courts Opposite Interior Property Line. The
minimum distance between a required window of a habitable room and
a property line shall be 10 feet.
(3) Court Dimensions. Courts shall be minimum
20 feet wide (minimum 10 feet on either side of the centerline of
the required window) and shall be open to the sky. Eaves may project
a maximum two feet into a court.
(Q) All habitable rooms in a dwelling unit must be accessible from within
the dwelling.
(R) 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.
Waterfront Lot Projections
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(S) 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.
(T) 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.
(U) See Section 230.08, Accessory Structures.
(V) 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.
(W) 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.
(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.
(X) 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.
(3268-12/94, 3334-6/97, 3410-3/99, 3706-6/05, 3885-8/10,
4183-3/20, 4193-3/20)
This section establishes development standards for senior residential
projects that may be permitted by the Planning Commission.
A. Minimum Floor Area. Each dwelling unit shall have a minimum
floor area of 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. Minimum building separation
shall be 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 Requirements.
1. Private Open Space. A minimum of 60 square feet of private
open space for studios or one bedroom units and 120 square feet for
two or more bedrooms, with minimum dimensions of six feet.
2. Common Open Space. A minimum of 2,500 square feet for
the first 50 units, and an additional 50 square feet for each unit
over 50.
3. Community Club House. An enclosed community or clubhouse
facility containing minimum seven square feet per unit, and a total
area of minimum 400 square feet, may satisfy up to 50% 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.
F. Elevators. Buildings with more than two 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.
(3334-6/97, 3410-3/99)
The Planning Commission 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.
(3334-6/97, 3410-3/99)
This section establishes supplemental development standards
and provisions that shall apply to all planned unit developments.
A planned unit development shall provide a mutual benefit for
the residents of the project as well as the general public. Examples
of public benefits that may be provided in a planned unit development
include, but are not limited to the creation of permanent open space,
usable and appropriately located recreation facilities, the conservation
of natural elements, land features and energy, and other public improvements.
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 50% 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 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.
4. The number of required parking spaces for each dwelling unit shall be provided in accordance with Chapter
231. In addition, one or more of the following alternative parking configurations may be permitted in a planned unit development if it is determined that such configuration and location thereof will be accessible and useful in connection with the proposed dwelling units of the development:
a. Required enclosed spaces may be provided in a tandem configuration
provided that the minimum parking space dimensions comply with Section
231.14.
b. Required open spaces may be provided with a combination of off-street
and on-street spaces as long as the total number of required parking
spaces is provided with the development site.
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&Rs) applying to the property
and shall be approved by the City Attorney and director. The CC&Rs
shall be approved prior to final or parcel map approval and when approved,
shall be recorded in the office of the Orange County Recorder.
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
buildings 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 of the development. Said entity shall operate under recorded
CC&Rs 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 services. 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.
(3334-6/97, 3885-8/10)
This section establishes supplemental standards for the development
of manufactured home parks.
A. Individual
space setbacks for manufactured homes and accessory structures shall
be landscaped and are as follows:
1. Front:
Minimum five feet.
2. Side:
Ten feet aggregate; minimum three feet on any side.
B. Each
space shall be provided with a minimum 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 20-foot-wide landscaped
berm or a 10-foot-wide landscaped area and a six-foot-high wall shall
be located at the minimum front setback line.
E. A boat
or trailer storage area shall be provided and screened from view by
a 6-foot-high fence or wall.
F. Maximum
site coverage for each individual manufactured home space shall be
75%.
G. Projects
in the RMP district shall provide a minimum common open space area
of 200 square feet per manufactured home space.
(3334-6/97, 3410-3/99)
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:
A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter
241.
B. Design Review Board. See Chapter
244.
C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter
241.
D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter
245.
(3334-6/97, 3410-3/99, 3867-4/10, 4090-10/16)