HomeMy WebLinkAboutPC Resolution 04-401
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P.C.RESOLUTION NO.04-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA VALIDATING THE LEGALITY OF A GARDEN ROOM AND
APPROVING A ROOF DECK ADDITION TO AN EXISTING DUPLEX WITH A
NONCONFORMING SIDE YARD RESULTING IN THE EXTENSION OF AN EXISTING
NONCONFORMING SIDE YARD AT 1085-1087 MONTEREY BOULEVARD
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Tom Parks, owner of real property located at 1085-1087
Monterey Boulevard, seeking a determination of the legality of whether an existing garden room is
legally nonconforming pursuant to Chapter 17.60 of the Zoning Ordinance, and requesting a roof deck
addition to an existing nonconforming duplex, which extends an existing nonconforming side yard,
pursuant to Chapter 17.52 of the Zoning Ordinance.
Section 2. The Planning Commission conducted a hearing to consider the application on
October 19, 2004, 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 permit records show evidence that a building permit (No. 4101) was issued for a "patio" on
July 22, 1948.
2. The applicant is requesting an after -the -fact approval for a previously constructed un-permitted
roof deck of 189 square feet, resulting in an increase of valuation of 2.8% while extending a
less than required side yard setback.
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. Pursuant to Chapter 17.60 of the Hermosa Beach Zone Code, there is evidence that the garden
room has been in continuous use since prior to 1959, as corroborated by City permit records for
a "patio' and anecdotal evidence and written testimony from neighbors and the grandson of the
former owners indicating that garden room was constructed more than 40 years ago.
2. The existing nonconformities on the property are not severe or unusual.
3. Building Code related nonconformities can be corrected without substantial alteration to the
building.
4. The physical condition of the property is consistent with planning and zoning requirements for
the R-3 zone and does not warrant requiring the current nonconforming side yard be brought
into conformance pursuant to Chapter 17.52.
5. Approval of the "garden room" is consistent with the intent and goals of Chapter 17.52 of the
Zoning Ordinance.
6. The project is Categorically Exempt from the requirements of the California Environmental
Quality Act, pursuant to CEQA guidelines, Section 15301 e(2) with the finding that the
project is in an area with available services and not in an environmentally sensitive area.
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Section 5. Based on the foregoing, the Planning Commission hereby determines that the
garden room is a legal nonconforming structure and approves an extension of a nonconforming side
yard, subject to the following Conditions of Approval:
1. The project shall be consistent with submitted plans. Modifications to the plan
involving any further expansion shall be reviewed by the Planning Commission.
a) The roof plan shall be revised to show the proper locations of the maximum
height critical point on the roof, and include all property corner point
elevations.
2. Applicant shall submit cede complying structural plans for existing roof deck.
3. Applicant shall obtain an after -the -fact building permit to correct all building code
violations including, illegal construction, illegal venting for wall heater and fire rating
for property line wall.
4. Applicant shall reveal all structural conditions of roof deck to the satisfaction of the
Building Division of the Community Development Department and make all necessary
corrections.
5. upon issuance of building permits the project shall proceed in compliance with the
scope of work outlined on the plans and any further demolition or construction
contrary to said plans may require new plan submittals and Planning Commission
review to proceed with construction work..
VOTE: AYES:
Allen, Hoffinan, Pizer, Perrotti
NOES:
None
ABSTAIN:
None
ABSENT:
Koenig
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 04-40 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 October 19, 2004.
Sam Perotti, Chairman
October 19 2004
Date
NRR1085
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