HomeMy WebLinkAboutPC Resolution 06-34 - (ZTA-Nonconforming)RESOLUTION P.C. 06-34
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, TO RECOMMEND AMENDING THE
ZONING ORDINANCE j PERTAINING TO RECONSTRUCTION OF
NONCONFORMING COMMERCIAL BUILDINGS
The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:
Section 1. The Planning Commission held a duly noticed public hearing on October 17, 2006,
to consider amending the Zoning Ordinance with respect to reconstruction of nonconforming
commercial buildings, and to consider allowing exceptions to the current rule that nonconforming
buildings can only be restored if damaged less than 50% of reasonable replacement cost.
Section 2. Based on the evidence considered at the public hearing, the Planning Commission
makes the following findings:
I. The requirements pertaining to reconstruction of nonconforming buildings (Section
17.52.070), allow reconstruction only if the building is damaged not more than 50% of its reasonable
replacement cost. Buildings damaged more than 50% shall not be restored except in the full
compliance with zoning requirements..
2. Section 17.52.070(B) includes an exception that residential buildings that meet certain
criteria may be restored whatever the extent of damage, but no exception exists for commercial
buildings.
3. Adding a similar exception for commercial buildings will allow reconstruction of
commercial buildings more than 50% damaged that if not allowed to be reconstructed would negatively
affect the character of commercial districts in the City.
Section 3. Based on the foregoing, the Planning Commission hereby recommends that the
Hermosa Beach Municipal Code; Title 17-Zoning; Chapter 17.52, Nonconforming Buildings and
Uses; Section 17.52.070 be amended as follows:
17.52. 070 Reconstruction of a damaged nonconforming building.
A. Residential buildings
A nonconformina residential building damaged by fire, explosion or other casualty or
act of God; or the public enemy, may be restored to its pre -damaged condition and
the occupancy or use of such building or part thereof which existed at the time of
such destruction may be continued as long as the cause of the destruction is not
intentional (i.e. through arson or other means perpetrated by the owner),and provided
that:
a. The rebuilt structure conforms as closely as possible to current parking and
other zoning standards (such as setbacks);
b. There is no increase in any nonconformity;
c. The density of the buildings or buildings on site does not exceed fo , -five
(45)units per acre;
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d. The heijzht of the building or buildings does not exceed twenty (20) percent
more than permitted by the zone in which it is located;
e. The basic structural features, setbacks, floor area, and room sizes can be
duplicated in compliance with current building and safe , codes;
Should the restoration deviate in M res ect from the pre -damaged condition of the building,
any such deviation shall conform in all respects with the current requirements of this title.
B. Commercial/Industrial Buildings
A nonconforming commercial or industrial building located in the commercial or
manufacturing. zones damaged by fire, explosion or other casualty or act of God, or
the public enemy, may be restored to its pre -damaged condition and the occuancy or
use of such building or part thereof which existed at the time of such destruction m
g as the cause of the destruction is no ay
be continued as long
- _ � t intentional (i.e. through
arson or other means pMetrated by the owner and provided that:
a. The rebuilt structure does not exceed the g1oss floor area and footprint of the
building prior to damage, or destruction;
b. There is no increase in the occupant load of the building or of an
nonconforming condition;
c. The damaged building can be duplicated to its pre -damaged condition in
compliance with current building and saft1y codes;
d. Reconstruction includes installation of a fully code complying fire sprinkler
s S,y tem.
Should the restoration deviate in any respect from the pre -damaged condition of the
building, any such deviation shall conform in all respects with the current requirements of
this title.
C. If damage to structures is so widespread throughout the cijY due to a major emer enc
such as an earthquake or citmidc fire that the -city counciI or other government authori
declares a state of emergency, this section will be superseded by any action of the city
council taken at that time in regards to reconstruction of damaged buildings.
VOTE: AYES:
Hoffman, AIlen, Kersenboom, Perrotti, Pizer
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 06-34 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
meeting of October 17, 2006.
Kent Allen, Chairman Sol Blumt2l-06\nonconfomiin'gordrev-reso.doe
fe , Secretary
November 21 2006
Date " _ FAB951CD\PC1200611