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HomeMy WebLinkAboutPC Resolution 90-831 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P.C. RESOLUTION 90-83 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, SECTION 13-7(C)(3) REGARDING EXTENSIONS OF WALLS WITH NONCONFORMING SIDE YARDS TO GIVE THE PLANNING COMMISSION MORE DISCRETION TO APPROVE REQUESTS FOR SUCH EXCEPTIONS AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the Planning Commission held a public hearing on October 2, 1990, and made the following Findings: A. Although the code allows for exceptions to extend walls with nonconforming side yards, it only al lows it in cases where 7 5% of the lots on the same block have the same or lesser nonconforming side yards; B. This criteria is to restrictive and does not allow the Planning Commission the flexibility to allow logical minor additions to existing buildings based on the character of the existing structure and the surrounding neighborhood; C. Approval of this amendment is not in conflict with the General Plan and is necessary to carry out the general purpose of the zoning ordinance to serve the public health, safety, and welfare; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby recommend amendment the zoning ordinance text as fol lows, and recommends adoption of an environmental negative declaration: SECTION 1. Amend Section 13-7(c)(3) by adding the following underlined text: 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 nonconforming side yards (excluding commercial and manufacturing uses); or, the wall may be expanded if the Planning Commission determines that the expansion within the otherwise code required setback is -1 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VOTE: minor and necessary for the logical extension of a wall and that the nonconforming side yard is generally consistent with the majority of existing side yards in the "block" as defined by the zoning ordinance. Measurement of side yards shal 1 be approximated by use of aerial photos and field inspections. Fees for such requests shall be set by the City Council. AYES: NOES: ABSTAIN: ABSENT: Comms.Aleks,Ketz,Rue,Chmn.Ingell Comm.Peirce None None CERTIFICATION -2 - p/pcrsside