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RESOLUTION NO.05-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, TO DENY A REQUEST TO VALIDATE THE LEGALITY OF THIRD UNIT AT
3212 HERMOSA AVENUE
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by William Majek seeking a determination of the legality of a
third unit at 3212 Hermosa Avenue.
Section 2. The Planning Commission conducted a hearing to consider the application on May 17,
2005, at which testimony and evidence, both written and oral, were presented to and considered by the
Planning Commission.
Section 3. Based on the evidence received at the public hearing, the Planning Commission makes the
following factual findings:
1. The subject property contains two detached two-story structures. The building fronting on Hermosa
Avenue (3212 Hermosa) contains one dwelling unit of 1,250 square feet constructed in 1959 in accordance
with permit No. 10572. The building at the rear of the lot, 3206 Hermosa (fronting Palm Drive) was built in
1947 in accordance with permit 4474, and contains an 865 square foot unit on the second story, a two -car
garage and a small "laundry room and bathroom" of 304 square -feet on the first floor. This area also contains
a kitchen, evidently installed using the gas and plumbing connections for the laundry, and is the area that the
owner wishes to address via the Legal Determination process.
2. The 1957 Sanborn Map shows the building fronting on Palm Drive to be a two-story single dwelling
unit. An affidavit, filed by a prior owner in October 1959, reads, "Only one unit permitted in existing
dwelling at 3206 Hermosa Avenue. Bath and laundry not to be used separately."
3. The property is currently zoned R-3. Pursuant to current zoning requirements only one dwelling unit
would be allowed due to the lot size. Therefore the current use (whether 2 units or 3 units) is nonconforming.
The current minimum size for a dwelling unit is 600 square feet for a one -bedroom unit. In 1957 the zoning
designation was R-3.
Section 4,. Based on the foregoing factual findings and the available evidence of City records and
provided by the applicant, the Planning Commission makes the following findings:
1. While there is inconsistency between the City's permit records, and the county tax records and other
private records supplied by the applicant, these inconstancies only exist after the current owner purchased the
property in 1977. The evidence clearly shows that the current owner was aware of the affidavit that the
laundry/bathroom was never to be another unit. This is clearly demonstrated by his signature on the
Residential Building Report.
2. The evidence the owner has provided does not demonstrate continuous use since 1959, or that there is
any conflict with City records, but only confirms that the applicant has been using the property for three units
for 28 years since he purchased the property despite his knowledge that it was not permitted.
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3. There is no record of a permit for installing a kitchen, or for plumbing for a sink. It is assumed that
the sink, countertop, cabinets and water and gas connections for the laundry room are now being used as a
kitchen and to support kitchen appliances
Section 5. Based on the foregoing, the Planning Commission hereby determines that the property at
3212 Hermosa Avenue contains two legal dwelling units, and denies the applicant's request to validate the
legality of the third unit.
VOTE:. AYES: Allen, Hoffman, Kersenboom, Perrotti
NOES: None
ABSENT: Pizer
ABSTAIN: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 05-31 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting
of May 17, 2005.
Peter l offnian, Vic hairnian � Sol B1umenf+el , Se retary
June 21., 2005_ .
Date
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