HomeMy WebLinkAboutPC Resolution 09-07 - (831 8th St)P.C. RESOLUTION NO. 09-7
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, GRANTING A LEGAL
DETERMINATION FOR UNIT D, A THIRD UNIT AT 831 8TH STREET, AND
DENYING A LEGAL DETERMINATION FOR UNIT C, A FOURTH
DWELLING UNIT AT 831 8TH STREET, LEGALLY DESCRIBED AS LOT 14,
TRACT 8386, CITY OF HERMOSA BEACH, PURSUANT TO CHAPTER
17.60 OF THE HERMOSA BEACH MUNICIPAL CODE
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Larry Peha, Architect, on behalf of Thi Pham and
Teresa Nguyen, seeking a legal determination that two dwelling units (units C and D) are legal,
nonconforming units within an apartment building located at 831-8th Street.
Section 2. The Planning Commission conducted duly noticed public hearings to consider
the application for legal determination on March 17, 2009 and April 21, 2009, at which time the
staff report, testimony and evidence, both written and oral, were presented to and considered by
the Planning Commission.
Section 3. The project is Categorically Exempt from the California Environmental Quality
Act, pursuant to CEQA Guidelines Section 15301, since the proposal involves a determination as
to the legality of an existing use within an existing structure, and no intensification of use will
occur.
Section 4. Based on the Staff Reports, testimony and evidence received, the Planning
Commission makes the following findings:
1. A Building Permit was issued in 1948 for two units addressed as 827 and 831 8th Street.
A Building Permit issued January 13, 1955 was for construction of a bathroom within
existing space indicated on the plans to be a 'rumpus room' on the ground floor. It cannot
be conclusively determined from the evidence whether the rumpus room was located at the
south end of the building. The Sanborn maps of 1957 reflect two units on the property.
2. A Building Department code enforcement letter dated May 28, 1974 instructs the owner to
abate an illegal 4th unit at 831 8th Street and indicates that the City was aware of and
considered the third unit legal nonconforming at that time (although building permits to
convert space to a third unit are not in evidence). It is unknown which unit the City
considered legal nonconforming in 1974 and whether the unit now addressed as Unit C or
Unit D was the illegal unit. Hence, either Unit C or D has been in existence since at least
1974, although building permits are not available for either Unit C or D evidencing the
installation of a kitchen and other code requirements such as an accessible window in the
bedroom. The building has four gas meters, four electric meters and four mailboxes. A letter
from the Southern California Gas Company dated January 31, 1980 responding to a request
for information states that two gas meters for addresses at 831 and 831 ½ 8th Street were
1
installed on April 1, 1958. Another gas meter was installed for 831 ¼ on February 1, 1964,
and a 4th gas meter was installed for unit 831 C on February 1, 1965. City records indicate:
(1) an application for Electric Permit issued July 26, 1976 stating 4 meters, 3 families; the
number 3 has been crossed out by hand and a 4 has been written on the “families” space. It is
unknown who made this change or when it was made; and (2) an Application for Electric
Meter issued May 24, 1984 states 4 meters, 4 units, 4 families at 825 and 831 8th Street
(the same owner also owned an apartment building at 825 8th Street). The City has no
authenticated records of permits or entitlements for any part of Unit C or D other than
conflicting electric and gas records. Utility records indicating three or four families
residing at the premises are not conclusive; building staff reports that it is common for a
multi-family residential building to have an additional “house meter” so that a given unit is
not paying the cost for common area lights.
3. Hermosa Beach Business License applications indicate three dwelling units for the years
1998-2001, and four dwelling units for the years 2002-2009.
4. The County Assessor's online inquiry system as of February 18, 2009 indicates three units
are reflected in the Assessor’s records.
5. An escrow report from 2002 indicates the property type to be 'Three Family;' such
document is informational and is not conclusive evidence of the legal status of the property.
6. There is no evidence of conformance with zoning requirements for Units C or D, both of
which violate the R-1 density and Low Density Residential General Plan densities, and the
provision of only two parking spaces, less than 20 feet in length due to partitioning of the
back of the spaces, violates parking requirements.
Section 5. Based on the foregoing, the Planning Commission hereby declares a third unit
(Unit D, the northerly ground floor unit, being the less nonconforming of the two units) to be the
legal nonconforming unit described in the 1974 Code Enforcement Letter having been
continuously so utilized since that time and subject to the following conditions, and declares the
fourth unit (Unit C, being the southerly ground floor unit) at 831- 8th Street to not be a legal
nonconforming unit and, directing the Community Development Department to correct city records
establishing Unit D as a legal nonconforming unit, based on the following conditions:
1. A minimum of one (1) garage space with a minimum of 9 feet-11 inch opening, 10.5 feet
interior width, and 20 feet length, shall be provided for use by the third unit (unit D), for a
total of three spaces for the building.
2. Property owner must obtain all permits as necessary to establish that the third unit (Unit
D) is safe for habitation and complies with all relevant laws to the satisfaction of the
Community Development Director.
3. Payment of a validation fee established by the City Council and any business license tax
per Municipal Code Section 17.60.090 as may be required.
2