HomeMy WebLinkAboutPC Resolution 89-221
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RESOLUTION P.C. 89-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING AMENDING ARTICLE 13, GENERAL
PROVISION, CONDITIONS AND EXCEPTIONS -NONCONFORMING BUILDINGS
AND USES, AND RELATED ORDINANCES AND ADOPTING ENVIRONMENTAL
NEGATIVE DECLARATION.
WHEREAS, the Planning Commission continued the public hearing
of March 7, 1989 to receive oral and written testimony on this
matter and made the following Findings:
A. Sections 1300-1310 of the Hermosa Beach Zoning Code sets out
conditions and exceptions for nonconforming buildings and
uses;
B. The nonconforming sections referenced above have been
interpreted to allow for -the demolition of significant
portions of structures while retaining the nonconforming
status of the building;
C. Allowing reconstruction of a building in a manner which
allows the property to retain its nonconforming status while
circumventing existing planning and development regulations
leads to continuation of the nonconformity for the life of
the new reconstructed building which compounds any current
parking, density, safety and other environmental problems
caused by continuation of such noconformities;
D. Current sections of said Article 13 are no longer valid as a
result of past amendments to the ordinance;
E. The existing ordinance has no provisions for historically
important structures which may be nonconforming as to use
and/or structure;
F. The existing ordinance is in need of revising for clarity and
consistency;
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California does hereby
recommend adoption of the following amendments to Article 13
of the Zoning Ordinance:
SECTION 1. Amend Section number 1300 to number 13-1.
SECTION 2. Amend Section 1301 by deleting completely "Exception
.!", and changing the Section number to 13-2.
SECTION 3. Amend Section 1302 by deleting completely "Exception
.!", changing the Section number to 13-3, and adding
the following:
"Enlargement of windows and door openings in interior
and exterior walls are considered minor and not
structural alterations; repairs and/or replacement to
plumbing, electrical wiring, similar work, and those
required by law or as determined by the Building
Director are not structural alterations."
SECTION 4. Change the Section number of Section 1303 to 13-4 and
revise the wording as follows:
"If a nonconforming use is vacated or removed and it
is evident that the nonconforming use was ended; it
thereby immediately loses any vested right. If the
substitute use is itself nonconforming, the degree of
nonconformity may not be more intensive, e.g.,
require more parking, or be more dense, i.e., result
in more dwelling units."
SECTION 5. Change the Section number of Section 1304 to 13-5.
SECTION 6. Delete Sect ion 1306, Board of Zoning Adjustment to
Determine Conditions of Abatement.
SECTION 7. Change the Section number of 1307 to 13-6 and add the
following sentence:
"The International Conference of Building Officials
valuation data shall be used in computing value."
SECTION 8. Amend Section 1309 by changing the title, the Section
number and the text as follows:
"Section 13-7, Conforming Use of a Nonconforming
Structure.
Intent and Purpose of this Section is to allow
remodeling and expansion to nonconforming residential
structures in sound condition in a manner that does
not ultimately result in significant removal of
existing structures. Where a structure is
significantly damaged by dryrot, termites, or similar
damage and removal of significant portions of the
structure is necessary or recommended, this ordinance
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does not apply and expansion and/or remodeling is
prohibited. All nonconforming structures shall
require a termite and dryrot inspection by a bonifide
company, to determine the amount of structural
removal, if any, that will be necessary because of
damage.
Expansion to nonconforming manufacturing or
commercial structures is prohibited.
A. The following portions of the existing structure
may be removed:
(1) When adding additional stories, portions of
the roof as necessary may be removed.
(2) When adding to any side of a structure, walls
may be removed to enlarge existing rooms,
and/or to provide interior access as
necessary for logical expansion of the
existing structure. A maximum combination of
30% of the existing lineal feet of exterior
walls and/or floor area may be removed.
(3) Removal of any other portions of an existing
structure, other than those noted in
sub-sections (1) and (2) above, shall require
submittal of a demolition plan for review by
the Planning Commission to determine whether
the proposed plan meets the intent and
purpose of this Section.
B. Nonconforming structures may be expanded and/or
remodeled to a cumulative maximum of 50% of the
replacement cost of the existing structure(s) as
it existed on (effective date of ordinance) and
as determined by the Building Department which
shall use current Building Valuation Data
provided by the International Conference of
Building Officials (ICBO). When computing
remodeled area, i.e. relocation of interior
walls, the entire area effected by the relocation
of the wall shall be included in the computation.
C. Where existing walls are a minimum of, or more
than three (3) feet from the side property line
the wall may be expanded if at least seventy-five
(75) percent of the block as defined by the
zoning ordinance has the same or smaller
non-conforming sideyards (excluding commercial
and manufacturing uses).
SECTION 9. Add "Section 13-8, Nonconforming Historic Buildings.
A. A locally
structure
recognized historic building or
may be substantially preserved,
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renovated or rebuilt subject to the issuance of a
Conditional Use Permit.
B. In reviewing the application for the historic
building or structure, the Planning Commission
shall evaluate and make Findings on the
following:
(1) The local historical significance of the
building or structure.
(2) The existing architecture.
C. In approving a Conditional Use Permit, the
Planning Commission may authorize such deviations
as necessary to preserve the structure and its
historical significance and impose conditions of
approval as deemed necessary."
SECTION 10. Delete Section 1310, Discontinuance of Nonconforming
Use of Land.
SECTION 11. Amend Section 1162(b) of the Article 11.5. Off-Street
Parking to state the following " ... to require two (2)
parking spaces .... " and " ... During the life ora
building and after (the effective date of this
ordinance) a s i ngle addition of not more than 250
square feet may be constructed without compliance to
this section."
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Edwards,Ketz,Rue,Chmn.Peirce
None
None
Comm.Ingell
CERTIFICATION
I hereby certify that the foregoing Resolution P. C. 89-22 is a
true and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, Californi eir
regular meeting of March 7, 1989,_:__...------, /7 ' /. /
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Date
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