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HomeMy WebLinkAboutPC Reso 09-10 (831 8th St Legal Determination)P.C. RESOLUTION NO. 09-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING AND SUPERSEDING RESOLUTION 09-7 GRANTING A LEGAL DETERMINATION FOR UNIT D, A THIRD UNIT AT 831 8TH STREET, AND DENYING A LEGAL DETERMINATION FOR UNIT C AS A SEPARATE, 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 to amend Planning Commission Resolution 09-7 declaring a third unit, Unit 'D' on the subject property, to be a legal nonconforming unit and declaring a fourth unit, Unit 'C', to be illegal and requiring its conversion to an enclosed parking space. The application proposed to negotiate as part of the validation of Unit 'D' that Condition 1 which states "[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" be amended to provide that a portion of Unit 'C' be retained as habitable space (approximately 324 square feet) and be connected to Unit A via a permanent interior stairway; the separate kitchen in former Unit 'C' be removed; the portion of Unit 'C' that constituted a bedroom (approximately 134 square feet) be converted to garage/utility space; and an uncovered parking space be designated on the driveway in front of Unit 'D.' Section 2. The Planning Commission conducted a duly noticed public hearing to consider the request to amend Condition 1 of Resolution 09-7 application on May 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. The applicant's proposal submitted to the Planning Commission on May 19, 2009 would meet the intent of Condition No. 1 in Resolution 09-07 and provide each unit with at least one parking space (two covered spaces within the building, one uncovered space on the driveway). 2. While the reconfigured parking space on the driveway would be uncovered, the R-1 zone does not require covered parking for apartment units. 3. The area on the driveway to be designated as a parking space is paved and will not result in loss of landscape or create new impermeable surfaces. 4. The building contains three residential units that are nonconforming to parking in the R-1 zone. H.B.M.C. Section 17.52.035(C) prohibits expansion of floor area of building sites containing three or more dwelling units unless the site provides two parking spaces per unit, plus one guest space for every two units. Adding a portion of Unit 'C' to Unit A is consistent with this requirement because the reconfiguration does not constitute an expansion of floor area because, while the zoning code does not 1 define what constitutes expansion of 'floor area,' it excludes garage space from the calculation of 'floor area ratio.’ Therefore, it can be reasoned that 'floor area' also excludes garages, and expanding the floor area of the building to include any portion of the building that was the garage would be an expansion of floor area and prohibited under 17.52.0035(C) absent provision of the additional parking. Evidence presented does not conclusively determine that this area was ever permitted or used as garage space or excluded from the calculation of floor area. While the original building permit for the building issued in 1948 allowed two apartments, the number and size of parking or garage spaces provided at that time is unknown. The historical record of the property and evidence presented is not conclusive to show that the original purpose and use of the floor area comprising Unit 'C' was a garage, and evidence in the records including parking regulations that restrict the number of parking spaces and a 1955 building permit to add a bathroom suggests that area may have been used as a rumpus room, utility room, or other use that was originally included in the habitable floor area of the building site. Therefore, continued use of said area as habitable space does not constitute an expansion of floor area. 5. While space and privacy constraints limit the ability to provide an interior open stairway as required by H.B.M.C. Section 17.04.040, conversion of the exterior door to Unit 'C' to an accessible window together with the recording of a covenant of use, will ensure that the portion of Unit 'C' to be connected to Unit A will not be used as a separate dwelling unit in the future. 6. Conversion of that portion of Unit 'C' used as bedroom back to garage/utility would provide a conforming covered garage space 20 feet long. 7. H.B.M.C. Section 17.60.060 authorizes the Planning Commission to negotiate conditions with the property owner in exchange for the validation of Unit 'D.' Section 5. Based on the foregoing, the Planning Commission affirms the declaration that a third unit (Unit D, the northerly ground floor unit, being the less nonconforming of the two units) is the legal nonconforming unit, 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 directs the Community Development Department to correct city records establishing Unit D as a legal nonconforming unit, based on the following conditions: 1. That area known as Unit 'C' shall be internally connected to Unit A and the separate kitchen shall be removed, all space within the building proposed and required to be modified shall conform to applicable codes, the portion of Unit 'C' that constituted a bedroom (approximately 134 square feet) shall be converted to garage/utility space, the stairway connecting Unit 'C' with Unit A shall be unenclosed to the extent reasonably feasible taking into account space and privacy concerns as determined by the Community Development Director, the ground floor exterior door shall be converted to an accessible window, and a covenant prohibiting use of said Unit 'C' (the downstairs portion of Unit A) as a separate dwelling unit approved by the Community Development Director and City Attorney shall be recorded in the Office of the County Recorder and a copy shall be provided to the Community Development Department, and a conforming parking space shall be established in front of Unit 'D'. 2. Property owner shall 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