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RESOLUTION P.C. 05-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, TO RECOMMEND
AMENDING THE ZONING ORDINANCE PERTAINING TO
EXPANDING AND REMODELING NONCONFORMING
BUILDINGS (CHAPTER 17.52) AND BUILDINGS THAT ARE
NONCONFORMING TO PARKING REQUIREMENTS
The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:
Section 11. The Planning Commission held a duly noticed public hearings on January 18, June
21, and July 19, 2005, to consider amending the Zoning Ordinance to consider modifications of certain
provision of Chapter 17.52 and the related section 17.44.140 with respect to the limits on expansion and
remodeling for nonconforming building and uses, and pertaining to buildings nonconforming to parking
requirements.
Section 2. Based on the evidence considered at the public hearing, the Planning Commission
makes the following findings:
1. The requirements pertaining to expansion and remodeling of buildings containing
nonconforming uses and buildings nonconforming to zoning requirements can be made less complex,
and more user friendly, and in some cases less restrictive, to allow reasonable expansions to existing
building, and encourage maintenance and remodel of existing buildings.
2. 17.44.140(B) pertaining to parking requirements for nonconforming buildings is not
clear, and can be interpreted to supersede the nonconforming building provisions, allowing any amount
of expansion if a building is nonconforming to parking. For example, as long as the existing two
parking spaces that now exist are retained, the rest of the building can be completely replaced, without
limits on expansion, and no requirement to add guest parking. However this is not the intent of these
provisions, and the rules of Chapter 17.52 should be applied (i.e. to place limits on the expansion, or
require bringing parking into conformance for greater than 100% expansion/remodels). Also, these
requirements should be moved from Chapter 17.44 to Chapter 17.52
Section 3. Based on the foregoing, the Planning Commission hereby recommends that the
Hermosa Beach Municipal Code, Title 17-Zoning, be amended as follows:
1. Amend Chapter 17.52, Nonconforming Buildings and Uses by amending Section
17.52.010 and 17.52.030, and adding Section 17.52.035 (which replaces Section 17.44.140
subsection B through E), as follows:
"17.52.010 General Goals
The goals of the city council related to the nonconformity that exists throughout the city as a result
of zone changes and ordinance amendments are as follows:
A. To allow buildings, whether they are occupied by a nonconforming use or nonconforming to
zoning standards, to remain and be maintained, and to allow some limited alteration and
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expansion of said buildings when certain criteria are met and to encourage such alteration
and expansions to incorporate architectural consistency within the I roiect;
B. To encourage restoration and maintenance of historical residential buildings;
C. To encourage the use of the ordinance to meet current and future minimum standards of
parking, open space, setbacks, height, etc.;
D. To limit remodeling and expansion of buildings which by current standards are exceptionally
undersized, dilapidated, significantly overdense, or do not meet minimal standards for
parking and setback.
17.52.030 Expansion, remodeling and alteration.
Buildings containing nonconforming uses, and nonconforming buildings are subject to the following
standards:
A. Buildings Containing Nonconforming Uses.
Structural removal allowed:
a Portions of the structure which currently conform to the provisions of the
Zoning Ordinance may be removed and replaced, as long as the foundation
and floors stem remain intact.
b. Any existing nonconforming portions of the structure (e.g. a wall
nonconforming to a yard requirement, or a roof non -conforming to height
requirements) cannot be compl�etely removed and replaced, and if com letel
removed must be brought into compliance with current re uirements.
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1. Expansionia'fn allowed:
a. Up to fifty (50) percent expansionre in floor area of the existing
building(s) on the building site�� of th st of the ��;�+ {
bo din paasiRthaw e red-a�r�that existed pnot
to October 26, 1989, provided the expansion does not result in greater than
3,000 square feet of floor area for each dwellingunit —ter Char f"
pefGent p t hund r t r it a sei w
app . The increase in floor area is determined by comparing -the
increased habitable floor area vs. the existing habitable floor area that
existed prior to any ex ansioh that occurred after October 26 19891, as a
ercenta e and excludes garages, accessory structures and balconies of
decks. e avtdtl
Gemputed at f"I - r�en -Val vwell -foG#a+cti'a
b. Expansion not permitted if residential density exceeds forty-five (45) units per
acre;
o. Expansion must conform tOcurrent codes (except existing nonconforming
side yards may beextended ifwithin ten percent ofcurrent side yard
d-. For buildings nonconforming tmcurrent parking requirements of Chapler
Parking,17.44 pertaining to off-street refer to Section 17.52.235-SeGUGR
B. Nonconforming Buildings.
1. Structural removal allowed'.
8.
Portions of the structure which currently conform the provisions of thg_Zpning
Ordinance may be removed and replaced, as long as the foundation and floor
s stem remain intact.
b. Any existina nonconforminq wrtions of the structure (e.g. a wall
nonconforming- to a yard requirement, or a roof non -conforming to heig
requirements) cannot be completely removed and replaced', and if completely
removed must be brought into -compliance with current reguirements.
ad
flGer area;
2. Expansion/remodel allowed:
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Mello 11NARM 503 1
b. Expansion must conform tocurrent codes existing
deficient side yards rp e extended 4 within ten percent Ofthe current side
MMM
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c. Existing nonconforming side yards may be continued and extended subject to
planning commission approval;
d. For buildings nonconforming to current parking requirements of Chapter
17.44 pertaining to off-street parking, refer to Section 17.52.235 SeetiGR
17 nn inn
Existing nonconforming stairways: Existing nonconforming stairways that
encroach into required yard areas and that provide legally required access to
legal dwelling units, may be fully reconstructed if beyond repair, provided no
other reasonable location is available that does not require major
reconfiguration or alteration of the structure. Said stairways, if reconstructed
or replaced to allow continued access to the dwelling unit, shall be
constructed in conformance with Chapter 34 of the Uniform Building Code;
shall be constructed of non-combustible materials; shall conform to handrail,
guardrail, tread depth, and riser requirements; and, shall not contain storage
areas below. No replacement of said stairways shall be allowed in conjunction
with an expansion and/or remodel project that exceeds a 50% increase in
replacement cost to existing buildings on the site. (Ord. 98-1188 §4
12/08/98)
A, For a residential building or buildin s nonconforming to the number of parking spaces
re uired on the building site including guest parking spaces, the following limitations on
expansion shall apply based on the number of parking s aces available that meet all the
requirements of Chapter 17.44 or that meet the exceptions of stub -section B These limitations
on expansion, only apply if more restrictive than the expansion requirements of Section
17.52.030)
Less than one Darkina s ace Der unit. A maximum expansion one hundred 100
square feet of floor area may be constructed and up to five hundred 500 s uare feet
may be added if, a _parking space or spaces are added to an existing building even if it
results in less than one parking.. space per unit.
2. Greater than one but less than two parking spaces per unit: A maximum expansion of
five hundred 500 s uare feet may be constructed
3. Two parking spaces per unit with insufficient guest parking: An expansion as allowed
by Section 17.52.030
B. Exception: Existing parking spaces that do not comply with the 20-foot minimum length
re uirement turning radius re uirements the minimum 9-foot driveway width requirement, the
alley setback re uirement and/or the driveway slope requirement, which provide at Beast the
following for each standard shall be deemed conforming to these re uirements and shall be
considered complying parkin spaces for existing residential buildings;
* Length: Minimum 18 feet inside measurement
Turning Radius: Minimum 20 feet measured from far side.ofalley or street'
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. Driveway Width: Minimum 8 feet
• Driveway Slope. Maximurn 15%
Residential buildings that have parking spaces pursuant to this exception that meet the
re uirement for minimum number of parking spaces, includin uest parking, and have no
other nonconforming conditions sha11 be considered conformina buildin s and are not
sub'ect to the expansion limitations of this chapter.
C. For buildings in a C or M zone hereafter ex andedparking-re uirements for the number of
arking spaces pursuant to Section 17.44.030 shall only be applied to the amount of expansion
D, When the use of an existing commercial manufacturing or other non-residential building or
structure is changed to a more intense use with a higher parking requirement the requirement
for additional parking shall be calculated as the difference between the re uired parking as
stated in Section 17.44.030 for that Particular use as com aced to the re uirement for the
existing or previous use which shall be met prior to occupying the building unless otherwise
specified in chapter 17.44.",
2. Amend Section 17.44.140 to read as follows:
1117.44.140 Requirements for new -e #" construction.
A. For every t+af&.0effiRg, building hereafter erected, parking spaces shall be
provided, permanently maintained and permanently available as set forth in eet1� 44G,
Chapter17 4 including requirements for turning radii, as provided by this chapter, and the
parking standards contained herein."
(Delete sub -sections B. thru E, as these sections are being rewritten and relocated to
Section 17.52.035 as noted above)
VOTE: AYES:
Hoffman, Kersenboom, Perrotti, Pizer
NOES:
None
ABSTAIN:
None
ABSENT:
Allen
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 05-53 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California, at their
regular nm Fting of August 16, 2005.
l
ti,...
C aina ar.i of l lur ae field, Secretary
76 _11V107 k_1
Date
F:\B95\CD\PC\2005\08-16-05\TARnoncon.doc