HomeMy WebLinkAboutPC Resolution 89-592
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RESOLUTION P.C.89-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDATION AMENDING ARTICLE 13, GENERAL
PROVISION, CONDITIONS AND EXCEPTIONS -NONCONFORMING BUILDINGS
AND USES, AND RELATED ORDINANCES AND ADOPTING ENVIRONMENTAL
NEGATIVE DECLARATION.
WHEREAS, the Planning Commission held public hearings on June
6, June 20 & August 1, 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D. Current sections of said Article 13 are no longer valid as a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. Add "Section 13-0. General Goals.
SECTION 2.
SECTION 3.
The City Council recognizes that nonconformity exists
throughout the City as a result of zone changes, and
amendments to the zoning ordinance. In recognition
of those changes, the City Council goals in the
adoption of this ordinance are as follows:
A. To allow those uses, and/or structures in sound
condition which meet certain standards as stated
within this article to be maintained.
B. To encourage restoration and maintenance of those
residential buildings of fine quality which
enhance and maintain the long established
historical character of Hermosa Beach.
C. To encourage the use of this ordinance to meet
the current and future minimum standards of
parking, open space, setbacks, height, and all
other such similar standards.
D. To prohibit the remodeling and expansion of such
buildings which by current standards are
considered either exceptionally undersized,
dilapidated, significantly overdense, or do not
meet even the minimal standards of parking, and
setback."
Amend Section number 1300 to number 13-1.
Amend Section 1301 by deleting completely "Exceation !.", changing the Section number to 13-2, and a ding
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. Amend Section 1302 by changing the Section number to
13-3, and changing the entire text as follows:
"Section 13-3.
building.
Nonconforming use of a nonconforming
The nonconforming commercial or manufacturing use of
a nonconforming commercial or manufacturing building
may be continued, provided such nonconforming use
shall not be expanded or enlarged nor shall any
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structural alteration be made except those required
by law. If such nonconforming use is vacated or
discontinued for ninety (90) consecutive days or
more, any future use of such building shall conform
to the provisions of the zone in which it is located
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.
A nonconforming residential use of a nonconforming
residential structure may be remodeled and/or
expanded when it is in compliance with the intent,
purpose, standards and requirements as specified in
the following:
Intent and Purpose of this Section is to allow
remodeling and expansion to 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 dry
rot, termites, or similar damage and removal of
significant portions of the structure is necessary or
recommended, this ordinance does not apply and
expansion and/or remodeling is prohibited. All
structures shall require a termite and dry rot
inspection by a bonaf ide company, to determine the
amount of structural_ removal, if any, that will be
necessary because of damage.
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
10% of the existing lineal feet of exterior
walls and/or floor area may be removed
whether necessitated by the inspection or by
the remodeling, or both.
(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.
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B. Nonconforming uses and structures may be expanded
to a maximum of ten percent (10%) and/or
remodeled to a cumulative maximum of fifty
percent (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). Interior remodeling shall be computed at
50% of the ICBO building valuation for new
construction. When computing remodeled area,
i.e. relocation of interior walls, fifty percent
(50%) of the total area affec ted by the
relocation of the wall shall be included in the
computation. For example, if a wall between the
dining room and kitchen is removed, the area
counted includes fifty percent (50%) of the
dining room and kitchen area together (Refer to
Section 13-7(B) for example).
Any garage expansion for vehicle parking shal 1
not be included as part of the allowed fifty
percent (50%) expansion as noted in this section.
C. The min 1mum standard for expansion
remodeling are as follows:
and/or
(1) Refer to Article 11.5 for the Parking
requirements.
(2) Residential uses shall not exceed a maximum
density equivalent to forty-five (45) units
per acre.
(3) Existing structures which are nonconforming
as to yards, lot coverage, open space or
height may be expanded or enlarged provided
the expansion or enlargement comp! ies with
the regulations of the zone in which the
structure is located. Existing nonconforming
sideyards may be maintained with an addition
provided the sideyard is not more than ten
(10) percent smaller than the current
sideyard required."
SECTION 5. Change the Section number of Section 1303 to 13-4 and
revise the wording as follows:
"If a nonconforming manufacturing, commercial or
residential use is vacated or removed and it is
succeeded by another use, it is evident that the
nonconforming use was ended; it thereby immediately
loses any vested right to continue. A nonconforming
use may be succeeded by a use which is itself
nonconforming, provided the degree of nonconformity
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is less intensive (e.g. requires less parking or
results in fewer dwelling units).
It is the intent of this section to allow for an
improvement in the degree of nonconformity of a use
utilizing existing structures. It is not intended to
allow the construction of new structures in violation
of the provisions of this code.
The Planning Commission shall make determinations as
to whether a use is less intensive upon request."
SECTION 6. Change the Section number of Section 1304 to 13-5.
SECTION 7. Delete Section 1306, Board of Zoning Adjustment to
Determine Conditions of Abatement.
SECTION 8. 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 9. Amend Section 1309 by changing the title, the Section
number and the text as follows:
"Section 13-7.
Structure.
Conforming Use of a Nonconforming
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 dry rot, termites, or
similar damage and removal of significant portions of
the structure is necessary or recommended, this
ordinance does not apply and expansion and/or
remodeling is prohibited. All nonconforming
structures shall require a termite and dry rot
inspection by a bonafide company, to determine the
amount of structural removal, if any, that will be
necessary because of damage.
Expansion to nonconforming manufacturing or
commercial structures shall be 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
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existing structure. A maximum combination of
30% of the existing lineal feet of exterior
walls and/or floor area may be removed
whether necessitated by the inspection or by
the remodeling, or both.
(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). Interior remodeling
shall be computed at 50% of the ICBO building
valuation for new construction. When computing
remodeled area, i.e. relocation of interior
walls, fifty percent (50%) of the total area
affected by the relocation of the wall shall be
included in the computation. For example, if a
wall between the dining room and kitchen is
removed, the area counted includes fifty percent
(50%) of the dining room and kitchen area
together.
Any garage expansion for vehicle parking shall not be
included as part of the allowed fifty percent (50%)
expansion as noted in Section 13-7(B).
The Planning Commission may allow expansions greater
than fifty (50) percent, but no more than one hundred
percent (100%), if it is determined that the goals,
and the intent and purpose of this article and
section are being met. Applicant fees for requests
for expansions over fifty percent shall be set by the
City Council.
The following is an example of the fifty percent
(50%) valuation formula:
Example 1: Expansion only
Existing Dwelling Size:
(X) Cost per Square Foot
Total Value:
50% of Value:
Expansion Allowed:
($32,800 -$65.60)
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1000 square feet
$ 65.60
$ 65,600.00
$ 32,800.00
500 square feet
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Example 2: Remodeling & Expansion
Existing dwelling Unit Size 1000
$
square
65.60
65,600.00
32,800.00
feet
(X) Cost per Square Foot:
Total Value:
50% of Value:
$
$
Proposed 800 Sq. Ft. Remodel
(50% floor area) @$29.50 per
Square Foot: $11,800.00
$19,680.00
$ 31,480.00
(cost under
Proposed 300 Sq. Ft. Expansion:
Total Cost:
50%)
C. The m1n1mum standards for expansion and/ or
remodeling are as follows:
(1) Refer to Article 11. 5 for the parking
requirements.
(2) Existing structures which are nonconforming
as to yards, lot coverage, open space or
height may be expanded or enlarged provided
the expansion or enlargement complies with
the regulations of the zone in which the
structure is located. Existing nonconforming
sideyards may be maintained with an addition
provided the s ideyard is not more than ten
(10) percent smaller than the current
sideyard required.
(3) Where existing walls are a m1n1mum 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, bas the
same or smaller nonconforming s ideyards
(excluding commercial and manufacturing
uses). Measurement of sideyards shall be
approximated by use of aerial photos and
field inspections. Fees for such requests
shall be set by the City Council."
SECTION 10. Add "Section 13-8. Nonconforming Historic Buildings.
A. A locally recognized historic
structure may be substantially
renovated or rebuilt subject to the
Conditional Use Permit.
building or
preserved,
issuance of a
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.
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(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 11. Delete Section 1310, Discontinuance of Nonconforming
Use of Land.
SECTION 12. Amend Section 1162(b) of the Article 11.5. Off-Street
Parking. As follows:
VOTE:
Date
P/ccornon
For every residential building hereafter which is
structurally altered to increase gross floor area,
there shal 1 be provided, permanently maintained and
permanently available, two (2) parking spaces for
each existing unit, including requirements for
turning radius and parking standards as required by
Article 11.5. During the life of a building a single
addition of not more than one hundred (100) square
feet may be constructed without compliance with this
section, and a maximum of two hundred fifty (250)
square feet may be constructed if at least one
parking space is available with the same requirement
as noted above for each existing unit, except that
nonconforming uses require Planning Commission
approval.
AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Ingell,Ketz,Chmn.Rue
None
None
Comm.Peirce
CERTIFICATION
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