HomeMy WebLinkAboutPC Resolution 00-191
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RESOLUTION NO.00-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, VALIDATING THE NONCONFORMING
USE OF TWO DWELLING UNITS, THE NONCONFORMING
CONVERSION OF THE GARAGE TO A BEDROOM, AND THE
WESTERLY BEDROOM ADDITION ARE LEGAL
NONCONFORMING AT 7714TH STREET, AKA 7615T11 COURT
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
'Section 1. An application was filed by Ricardo Icaza seeking a determination of the legality
of a nonconforming two -unit residential building located at 77 14" Street, and 76 15'h Court,
including the legality of a conversion of a garage to a bedroom, and other construction on the site,
pursuant to Chapter 17.60 of the Zoning Ordinance.
Section 2. The Planning Commission conducted a hearing to consider the application on
February 15, and March 21, 2000, 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 existing building contains two stories with a separate dwelling on each level.
The ground floor level is not currently occupied as the owner initiated some remodeling, but
was stopped by the City as no building permits were obtained. The applicant has since
submitted a building permit application and plans to remodel the downstairs unit, which
includes changes to interior and exterior doors and other improvements with an estimated
valuation of $10,000.
2. According to the City's building permit records the building was originally
constructed in 1937.
3. The dwelling is nonconforming to current zoning and building code
requirements in several respects:
ZONING
Use: The property is zoned C-2, thus the residential use is nonconforming.
Parking: Two parking spaces per unit plus a guest space is required. With the
enclosure of one of the garages on 15t' Court, one garage is available, and three open
spaces are available in the front yard area on 14th Street. Thus total parking is one space
short of requirements.
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BUILDING AND SAFETY CODES
Building openings 3-foot clearance from property lines: On the west side the existing
structure abuts the west property line and contain openings at the first floor (west
bedroom) and on the east side the openings are 2.7 feet from the property line (see
survey).
Unprotected combustible material 3-foot clearance from property lines. The wood deck
at the second level, and wood landing at the entry to the second floor unit, abut the west
property line.
4. The law requiring 3' to property line for building openings and combustibles
dates back before 1937.
5. Based on City records the 2 dwelling units were permitted and are legally
conforming, and based on corroborating records between the City and L.A. County Tax
Assessor, the "porch enclosure" which was issued a building permit in 1951, was converted to
living area. There is no record of any building permit being issued for the garage conversion.
6. However, based on City records, the City was aware and acknowledged conversion
of the easterly single -car garage to living area since November 1962. In August of 1962 the City
permitted the paving of the front portion of the lot on 10' Street for three parking spaces, which
means that the conversion conformed with parking requirements since the requirement was 1 %2
space per unit, and was in continuing conformance up until the Zoning Ordinance was amended in
1986 to require guest parking in addition to two parking spaces per unit.
ectimi 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings:
1. Based on the available evidence the Planning Commission validates the current City
records that the use of the property for two dwelling units is legally nonconforming, validates the
westerly bedroom, and validates the open parking for three parking spaces in the front yard area.
2. Based on the available evidence, the conversion of the garage conformed to zoning
requirements when the open parking was added, and can be validated as legal nonconforming with
respect to zoning requirements.
3. Based on the available evidence, including City records, and physical evidence
revealed by a property inspection, the other conditions on the property in violation which were not
issued building permits, are not determined to be legal, and therefore must be corrected, including,
but not limited to removing building openings and unprotected wooden structures abutting and
located within 3 feet of the side property lines, and obtaining permits for the necessary work to
convert the garage to a bedroom in compliance with current building codes.
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Sec ioji 5. Based on the foregoing, the Planning Commission hereby validates the
continued use of the property for two dwelling units, the continued use of the westerly bedroom for
living, and the continued USC of the converted garage space for living area only upon correction of
the following violations to make the building in compliance with Building Code requirements.
1. The conversion of the easterly garage to living shall be issued a current building
permit, and constructed in compliance with current building codes.
2. All openings in the building within 3 feet of the westerly property line shall be
closed, or made to comply with the 3-foot clearance to the property line as required by the Uniform
Building Code.
3. All unprotected combustible materials within three feet of the westerly property line
shall either be removed or reconstructed of non-combustible materials in compliance with the
Uniform Building Code.
VOTE: AYES:
Hoffman, Ketz, Schwartz, Pizer, Chairman Perrotti
NOES:
None
ABSENT:
None
ABSTAIN:
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 00-19 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 March 21, 2000.
.
Sam Perrotti, Chairman
Date
Sol Blumen °id, "ecretary
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