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HomeMy WebLinkAboutPC Resolution 00-1310 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION P.C. 00-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO RECOMMEND AMENDING THE ZONING ORDINANCE TO CLARIFY THE LIMITS FOR EXPANDING AND REMODELING NONCONFORMING BUILDINGS (CHAPTER 17.52) THAT DO NOT COMPLY WITH PARKING REQUIREMENTS The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: Section 1. The Planning Commission held a duly noticed public hearing on February 15, 2000, to consider amending the Zoning Ordinance to clarify certain provision of Chapter 17.52 and other related sections with respect to the limits on expansion and remodeling for buildings nonconforming to parking requirements. Section 2. Based on the evidence considered at the public hearing, the Planning Commission makes the following findings: 1. Based on a literal reading of Section 17.44.140(B) it can be interpreted to supersede the nonconforming building provisions, and thus any amount of expansion could be allowed 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 remodeled, or 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, and require bringing parking into conformance for greater than 100% expansion/remodels). Section 3. Based on the foregoing, the Planning Commission hereby recommends that the Hermosa Beach Municipal Code, Title 17-Zoning, be amended as follows: Amend Section 17.44.140 to read as follows: 1117.44.140 Requirements for new ond existing construction. A. For every fesidea4ialdwolliffg building hereafter erected, parking spaces shall be provided, permanently maintained and permanently available as set forth in S+sc i ;44424 Chapter 17.44 including requirements for turning radii, as provided by this chapter, and the parking standards contained herein. area,floof thefe Shall be --o—ded ,-ofmane4itlym.. ogy , , (!go) sqoarze I...- VWking stafidefds as r 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 WOW ITFMMTM HTIMNWIffm .. .. 011 u. 2. Amend Chapter 17.52, Nonconforming Buildings and Uses by amending Section 17.52.030, and adding Section 17.52.035 (which replaces Section 17.44.140), as follows: 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. 1. Structural removal allowed: a. Roofs may be removed to add additional stories; b. A maximum of ten percent linear feet of exterior walls and ten percent of floor area may be removed; C. Planning commission approval is required to remove more than specified above. 2. Expansion/alteration allowed: a. Maximum of fifty (50) percent of the current replacement cost of the existing building(s) excluding any expansion that has occurred after October 26, 1989 (Replacement cost based on building valuation data provided by the International Conference of Building Officials (ICBO), with remodeling computed at fifty (50) percent of the value for new construction); b. Expansion not permitted if residential density exceeds forty-five (45) units per acre; C. Expansion must conform to current codes (except existing nonconforming side yards may be extended if within ten percent current side yard standard); d. For buildings that are also nonconforming to current parking requirements the additional limitations for ex ansion as set forth iir Section 17.52. 35 shall also apply, ,refer -fie Seetieff . ; e. Any garage expansion for parking shall not be included in the allowed expansion. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 B. Nonconforming Buildings. 1. Structural removal allowed: a. Roofs may be removed to add additional stories; b. Up to thirty (30) percent existing linear feet of exterior walls and thirty (30) percent of floor area; C. Planning Commission approval required to remove more than specified above. 2. Expansion/remodel allowed: a. Up to one hundred (100) percent expansion/ remodel of the current replacement cost of the existing building(s) excluding any expansion that has occurred after October 26, 1989. Greater than fifty (50) percent up to one hundred (100) percent requires planning commission approval. (Replacement cost based on building valuation data provided by the International Conference of Building Officials (ICBO), with remodeling computed at fifty (50) percent of the value for new construction); b. Expansion must conform to current codes (except existing nonconforming side yards may be extended if within ten percent of current side yard standard); C. Existing nonconforming side yards may be continued and extended subject to planning commission approval; d. F-@F Buildings nonconforming to M current parking requirements are subject to the requirements of this section and ma also be subject to the additional rec uirements set forth in. Section 17.52.035, e. Any garage expansion for parking shall not be included in the allowed expansion. C. Policies, procedures and fees for issuing building permits, and for actions requiring Planning Commission approval subject to this section, shall be established by resolution of the city council. (Ord. 95-1124 § 1 (part), 1995: prior code Appx. A, § 13-2) .17.52.035 Additional re uirements for expansion and intensification to buildin nonconforming to parkin re uirements A. For residential buildi"n or buildings nonconforming to number of parking spaces the followin additional requirements shall apply. Expansion and remodeling are subject to the requirements of Section 1. .52.030 if the building or buildings do not have required -uest arkin or garage setback. burin the life of a buildina, a sin lle addition of not more than one hund ®ed 100 s ware feet may be constructed if less than oneparking space per unit is available and a maximum of two hundred lift 250 square, feet may be constructed if at least one parking space per unit is available with the same rep uirement as noted above for each existing unit, B. Before any additional units may be added to a lot where there now exists a residential building or buildings, two Parking, spaces for each existing, unit shall be available complyin with Darking standards of chapter 17.44. C. Exception: Existing arking spaces that do not com 1 r with the 20-foot minimum length re uirement turnin; radius re uirements and/or the minirnum --foot drivewa wvidtl requirement which urovide at least the foliowin minimum dimension for each standard shall be deemed con formin a to these re uirements: lien nth: 18 feet inside measurement Turnip Radius: 20 feet measured from far side of alle or street Driveway "Width: 8 feet 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I3 �ildi s that lave avail l le arki�7 x s aces nt to this exce tion, and have no other nonconforming, conditions, shall not be considered nonconforming buildings and are not sub ject to D. For buildings in a C or M zone hereafter expanded. parking re uirements for the D'Urnber of parking, spaces pursuant to Section 17.44.030 shall oil be applied to the amount of MLI I S i gin. or other nonLiLgsidenfial bid1din) or structure is Chan keel to a more intense use with a hi Sher arking requirement the Muirenient for additional parking shall be calculated as the difference between the rqcjujEgA_pgkjjjg as stated in Section 17,44,030 for that t)articular use as compared to the reauirement. for the existin or previ uildin', unless otherwise s ecified in clan Ater 17.44. VOTE: AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti NOES: None ABSTAIN: Vice -Chair Ketz ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 00-13 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 February 15, 2000. am Perrotti, Chairman Date Sol 11u�ne . Secretary