HomeMy WebLinkAboutPC Resolution 97-421
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PC RESOLUTION 97-42
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
4 BEACH, CALIFORNIA, RECOMMENDING AMENDING THE ZONING ORDINANCE
5 TO CHANGE THE PENALTY FOR ZONING VIOLATIONS FROM MISDEMEANORS
6 TO INFRACTIONS EXCEPT FOR ILLEGAL DWELLING UNITS wmcH WILL
7 REMAIN MISDEMEANORS, AND FOR SPECIFIC TYPES OF ILLEGAL PARKING ON
8 PRIVATE PROPERTY WIDCH WILL BE MADE ADMINISTRATIVE CITATIONS.
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11 WHEREAS, the Planning Commission held a public hearing on June 17, 1997 to consider
12 oral and written testimony and made the following Findings:
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A. Amending the Zoning Ordinance to prosecute zoning violations as infractions is a more
effective and efficient method of code enforcement due to the reduced the cost and time involved in
processing such violations through the courts.
B. Infractions are not permanently on violators' records and cannot be tried by jury making
code enforcement less time consuming and more expeditious for resolution of code abatement
problems.
C . Illegal dwelling units generally include Building Code violations which are required by state
law to be misdemeanors, thus reducing illegal units to infractions would not affect abatement of
life-safety related Building Code violations.
D. Parking violations on private property can be processed administratively similar to
violations on public property and right-of-ways and fines can be collected through annual vehicle
registration renewal when violators fail to pay.
E. The subject text amendment is exempt from the requirements of the California
Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of
the CEQA Guidelines, as there is no possibility that the modification to the text may have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Hermosa Beach recommends the following amendment to the Zoning Ordinance:
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SECTIONJ Modify Section 17.74.010 to read as follows:
"Any person, firm, or corporation violating any of the provisions of this title
shall be deemed guilty of an infraction and upon conviction shall be
punishable by a fine as stated in Section 17.74 .040; provided however that
the Construction, creation, or maintenance of an illegal dwelling unit shall
constitute a misdemeanor and upon conviction thereof shall be punishable by
a fine or by imprisonment, or by both fine and imprisonment; Parking of
vehicles in the front yard setback in residential zones other than as stated in
Section 17.44.090, or where no plans are on file with the city designating
said area or portion thereof for parking, shall be deemed an Administrative
violation and upon conviction shall be punishable by a fine.
Vote: AYES : Comms. Perrotti, Pizer, Schwartz, Merl, Chmn.
Tucker
NOES: none
ABSTAIN: none
ABSENT: none
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 97-42 is true and complete record of the action
taken by the Planning Commission of the City of Hermosa beach, California at their regular meetin
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Peter Tucker, Chairman Sol Blumenfi ld, Secretary
date 7-/ '2,,. CJ 7 tar961
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