HomeMy WebLinkAboutPC Resolution 84-292
RESOLUTION P.C. 84-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DECLARING THE ADMINISTRATIVE PRACTICE AND
CLARIFYING THE INTENT OF SECTIONS 405 (3), 506 (3), 556 (3),
604 (3), and 704 (3) OF THE ZONING CODE.
3 WHEREAS, Section 1101 of the Zoning Ordinance provides the mech-
4 anism whereby other sections of the Zoning Ordinance may be
5 interpreted and the intent clarified; and
6 WHEREAS, an apparent ambiguity has arisen regarding the intent of
7 Sections 405 (3), 506 (3), 556 (3), 604 (3) and 704 (3) of the
8 Zoning Ordinance with respect to distance between habitable
9 buildings; and
JO WHEREAS, the Planning Commission held a hearing on October 2,
11 1984 to ascertain the pertinent facts in this matter; and
12 WHEREAS, at said meeting it was determined that staff has always
13 applied the referenced sections such that the distance between
14 habitable buildings is not measured across property lines; and
15 WHEREAS, it was determined that the referenced sections refer
16 only to placement of buildings on a single lot because all
17 residential zones, incuding the R-1 zone by means of Section
18 400 (l)a, have provisions for more than one habitable building
19 per lot; and
20 WHEREAS, it was determined that the yard setback requirements were
21 intended to regulate placement of buildings with relation to
22 property lines; and
23 WHEREAS, it was determined that the referenced sections were not
24 intended to require a building to be set back from the property
25 line farther than the yard regulations would require.
26 NOW, THEREFORE, the Planning Commission of the City of Hermosa
27 Beach does hereby resolve as follows:
28 Section 1. That Sections 405 (3), 506 (3) 556 (3), 604 (3)
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and 704 (3) of the Zoning Ordinance are interpreted to refer to
2 placement of habitable buildings on a single lot.
3 SECTION 2. That the distance between habitable buildings required
4 by Sections 405 (3), 506 (3), 556 (3), 604 (3) and 704 (3) is
5 not intended to be measured across property lines.
6 SECTION 3. The interpretation set forth in this resolution is
7 declarative of the uniform administrative practice of the City
8 Council, Planning Commission and City staff, in that required
9 distances between habitable buildings have always been applied
10 to·a single lot and never measured across lot lines.
11 VOTE: AYES: Comms. Compton, Sheldon, Newton, Schulte, Shapiro,
Pierce
12 NOES: None
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ABSENT: Chmn. Izant
CERTIFICATION
15 I hereby certify that the foregoing Resolution P.C. 84-is a
16 true and complete record of the action taken by the Planning
17 Commission of Hermosa Beach y scheduled meetin~
,
, 2 , 1984.
Chairman
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