HomeMy WebLinkAbout03/30/99CIAlc
4:4101_, fiRi=1712.
AGENDA
ADJOURNED REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, March 30, 1999 - Council Chambers, City Hall
7:10 p.m.
MAYOR
Robert Benz
MAYOR PRO TEM
Julie Oakes
COUNCIL MEMBERS
John Bowler
Sam Y. Edgerton
J. R. Reviczky
CITY CLERK
Elaine Doerfling
CITY TREASURER
John M. Workman
CITY MANAGER
Stephen R. Burrell
CITY ATTORNEY
Michael Jenkins
All council meetings are open to the public.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
\1
PLEASE ATTEND.
PUBLIC PARTICIPATION: Although the City Council values your comments, the
Brown Act generally prohibits the Council from taking action on any matter not listed on
the posted agenda.
1. REVIEW OF ZONING STANDARDS FOR MULTI -FAMILY
RESIDENTIAL DEVELOPMENTS AND NONCONFORMING
RESIDENTIAL PROJECTS. Memorandum from Community Development
Director Sol Blumenfeld dated February 16, 1999.
RECOMMENDATION: Direct staff as deemed appropriate.
CITIZEN COMMENTS
ADJOURNMENT
NOTE: THIS MEETING WILL BE TELEVISED LIVE ON
CENTURY CABLE
1
February 16, 1999
Honorable Mayor and Members Special Meeting of
of the Hermosa Beach City Council March 30, 1999
SUBJECT: REVIEW OF ZONING STANDARDS FOR MULTI -FAMILY RESIDENTIAL
DEVELOPMENT AND NONCONFORMING RESIDENTIAL PROJECTS
Recommendation:
That the City Council direct staff as deemed appropriate.
Background:
The City Council directed staff to provide an overview of zoning standards for multi -family residential
development and nonconforming residential remodel projects. The staff report provides an overview and
a list of development standards and definitions which the Council may want to revise in order to address
current policy issues or to make the Zoning Ordinance less ambiguous and easier to use.
Analysis:
The Council may want to consider revising the following development standards and definitions:
I. Parking
1. Number of On -Site Parking Spaces
2. Location of On -Site Parking
3. Tandem and Covered Parking
4. Underground Parking
H. Open Space
1. Amount of Required Open Space
2. Location of Required Open Space
3. Calculation of Open Space
III. Lot Coverage
1. Percentage of Lot Coverage
2. Definition of Allowable Lot Coverage
IV. Number of Stories
1. Required Number of Stories for All Zones
V. Definitions
1. Basement/Story/Dwelling Unit
VI. Condominium Requirements
1. CUP/PDP Requirement
2. Requirement for Subdivision Map
3. Common Walls
VII. Non -Conforming Remodels
1. Existing vs. Expansion Areas
2. Building Valuation
1
1
I. Parking Standards
1. Number of On -Site Spaces - Sections 17.44.020 and Section 17.44.090 (c) provide the following:
• Single family 2 spaces per unit and 1 guest space
• Two family/duplex 2 spaces per unit and 1 guest space
• Multi -family 2 spaces per unit and 1 guest space for each two units
The City maintains parking standards similar
to most cities, with the exception of required
guest parking for single family units which is
more restrictive. (See attached survey).
The size of lots and lot orientation affects
the actual number of parking spaces
provided for projects. For example, parking
varies substantially for two family or multi-
family projects when a project is located on
a thru lot (street to street, street to alley) or
only has one street directly accessible. If
two streets are accessible, a two family
project will provide 8 spaces rather than the
minimum 6 required (2 per unit and 2 per
unit 17' garage setback). A street to alley
project will provide 7- 8 spaces (2 per unit, 2
per unit 17' setback and 1 -2 per alley side).
A project with only 1 street accessible may
provide 5 spaces (2 per unit and 1 adjacent a
common driveway) or 7 with a 17' garage
setback per one unit fronting the street.(See
sketch and table.)
Use
• Single family dwelling
• Duplex / two family dwelling
• Multiple dwellings (three +)
Lot Orientation & Parking Provided
IT Garage Setba k IT Garage Setback
I1::=
11111111
ION:*
Rowe
Unit A
8 Spaces Provided
7-5 Spaces Provided'_
Unit A
6U11
bon
UnitA
55pacee Provided
Unit 8
2 Unit Development
Parkine Requirement
2 spaces plus 1 guest space
2 spaces per unit plus 1
guest space & 1 additional space for
each space lost w/curbcut /driveways.
2 spaces plus 1 guest space
for each two dwelling units
1 additional space for each space
lost w/ curbcuts or driveways.
•
am
;du11
Unit S
2 Unit Development
Unit 8
2 Unit Development
Req'd.
3
5
8
Typical
4*
8*
9 * **
* Assumes 17' garage setback to accommodate 2 cars per du.. All parking calculations are rounded up.
** Assumes three units with one unit providing 17' garage setback. All parking calculations are rounded up.
Location of Parking: Tandem, Covered and Underground
In residential zones and for all uses, garages or parking stalls fronting on a public street are required to
be set back a minimum of seventeen (17) feet from the edge of the nearest public improvement
(sidewalk or street improvement). Garages or parking stalls fronting on an alley are required to
provide one of the following setbacks from the property line: seventeen (17) feet, (9) nine feet or (3)
three feet, except garages or parking stalls fronting on an alley of fifteen feet in width or less need only
comply with the turning radius requirements of Section 17.44.130. 3. Tandem parking is permitted for
2
• .
all uses and zones, although in the R-2 and R-3 zones it cannot be accessed directly from a street.
When not located in the front 20 feet of a lot, on-site parking is not required to be located in a garage
although new projects typically are designed with garage parking. Underground parking is permitted
on any portion of a lot (side, front or and/or rear yards) providing it is entirely below grade. An
exception to the below grade requirement is provided when the side yard and rear yard are not abutting
a street. The exception provides that the grade of such parking can be raised to an average of three feet
with a maximum of six feet above the existing grade when wheel stops are installed at parking stalls.
Parking Recommendations:
• Provide that all required on-site parking (except guest parking) be in a garage space.
• Require that guest parking be open/available within a project when not located in the garage setback
• Maintain the current single family and multi -family parking requirements.
• Eliminate the exception to underground parking requirement.
The effect of the recommendation will be to maintain current on-site parking standards, but ensure that
such parking is open and available to all guests in a project. Elimination of the above exception will
simplify the Zone Code.
H. Open Space Requirements
Open space is defined as "areas which are from ground to sky free and clear of any obstructions or
obstacles unless otherwise specified within each zone classification." Open space does not include
required yards or driveways. The Zone Code distinguishes between open space and private open space for
multi -family units. Private open space is provided for a specified unit in addition to open space required
under the zone. In the R-1 zone, 45% of the required open space must be provided at grade.
In the R-2 and R-3 zones both open space and private open space may be provided on the ground or on
deckand a minimum of 50% or more of the required private open space must be directly accessible
through the interior of the dwelling unit and over only the dwelling unit for which there is interior access.
Up to 50% of required open space may be covered but not enclosed on more than two sides.
Condominium development requires an additional 100 sq. ft. of private open space per dwelling unit and
100 sq. ft. of additional common recreational open space per unit for five or more units. Lot coverage
requirements (maximum 65%) is calculated independently from open space requirements. The amount of
required open space is both a function of use and the zone in which the project is located. Chapters 17.08-
17.22 provide the following open space requirements by zone for R-1, R-2, R-3 and condominiums:
ZTypically.
Zone/Use
Open Space Requirement Provided /Project
�:::.:::...... y...:.:.. ?100 R min :alinieristonll#
R -2B
25% on decks permitted / 75% on grade
tttgleTwaor3+��. _ 300s'sR,.::..du _ .. _
tl Fel jxnus dttttar>ian T' aq �#
100% on permitted itted /50% covered
.......... ....:.....
9 u' fstu#i� hits iM T r ,S Fi
100% on decks permitted /50% covered
100tl
sq. private open space on decks '
100% on decks permitted/S0% covered /
:.::.::,::.ty........::•;;::;<:>:;;::;.,:,.:.;:..;,..:;.:;:::.::.:::::.::.,,,.,.,:,:.:::::.:::..::.,.50% directly
raccessible seat. denu.::.., ndon :)and .,..........
az
100&private open sq. p space on decks /
100% on decks permitted/50% covered /
50% directly accessible ea. du.
Other open space requirements include restrictions on the computation of open space in conjunction with
yard areas5 and minimum sizes for unusually shaped recreations space 6. The open space standards are
intended to be most restrictive in the R-1 zone to protect the character of single family neighborhoods.
Some cities use a system called floor area ratio (F.A.R.) to regulate the amount of project lot coverage
and open space, however, calculating F.A.R. and using it to design a project is not as simple and straight-
forward as using a prescribed setback and/or percent of lot coverage. F.A.R. is calculated as the gross
3
• 1
building floor area divided by the lot area. Building volume for larger lots is higher relative to smaller lots
with the same F.A.R.. F.A.R. differs from lot coverage in that it also includes calculation of the number
of floors in a project. An F.A.R. of 2.0 permits a building equal to two times the lot area.. (A 3,000
square foot lot would permit construction of 6,000 square feet of gross building area or two 3,000 square
foot buildings for a typical two -on -a -lot project.) As a development standard, F.A.R. is not useful for
limiting building mass because areas such as atriums and open interior spaces within buildings are not
included in the calculation. Further, F.A.R. does not result in less building mass along street frontage
because the requirement does not specify the locations of setbacks or open space. Complaints about new
projects constructed in the City generally involve comments that buildings look massive and tall.7
F.A.R. will have less visible impact upon the volume, massing of the structure or the appearance of
multifamily building height than a setback standard which steps a building back from the street with
required open space on ground level or the floors above.
Current Building Proposed Building Roof Peck Not Part
Envelope / Envelope of Realuired Open Space
Recl'd.
Open Space
Street
17 Garage Setback
Elevation
7 1
Rear Yard
Typical read setback at first and second levels
or vary with percentage provided at grade
X /
Rear Yard
4
Recl d
Open
Space
Street
17' Garage Setback
MD OM MP MN
Read Open Space
Open Space Recommendations:
1. Eliminate option to provide required open space on roof decks for R-2, R-3 zones.
2. Require minimum percentage open space on grade, remainder on floor levels above in R-2, R-3 zones.
3. Eliminate calculations for open space which includes excess yard areas.
4. Maintain current minimum dimension open space requirements for all zones.
5. Require that a percentage of open space be provided along street frontage as additional front yard.
6. Maintain option to partially cover a percentage of required open space on 2 nd floor level decks.
The effect of the above recommendations
will be to reduce building volume, provide
increased building setbacks along street
frontage and setback the highest part of the
building from the street to minimize the
appearance of building height. As buildings
are set further from the street the separation
between units on a lot will likely be reduced
or eliminated making the lot appear more
dense. The effect of eliminating alternatives
to calculating open space with excess yard
areas will be to simplify the Zone Code and
add additional open space for new projects.
Recta Open Space
at Grade
,►
g Rear
min. Yard
III. Lot Coverage Standards
Lot Coverage is the footprint of the building including cantilevers and decks higher than thirty 30 inches
above grade. Exceptions for calculation of lot coverage are: architectural projections (not floor area),
eaves and open and unenclosed balconies that project from the building face less then 5 feet. Lot
coverage for all zones is 65% of the lot area and is calculated as the ratio of covered to uncovered lot
area. In many cases a 65% lot coverage ratio is almost achieved simply by conforming to required yards.
Lot Coverage
Uncovered
Typical Overhang
2"d Floor
Bldg. Footprint
Calculation:
Side 624.32 sq. ft.
Front 147.89 sq. ft.
Rear 79.21 sq. ft.
Mid 231.48 so. ft.
Total 1082.92 sq. ft.
J082.92
3060.0
= 35% uncovered
or 65% covered
Lot Coverage Recommendations:
1. Maintain existing 65% requirement with above proposed open space setback standards
2. Eliminate exceptions to lot coverage calculations.
5
• •
The effect of these recommendations will be to reduce building volume, but not necessarily along street
frontage where the projects are most visible. As building volume is reduced the units will be smaller and
less attractive as higher end housing. Most of the two -on -a lot condominium units which are in the range
of 3000 square feet currently sell for up to $500,000. A change in housing type and size will affect the
type of home buyer in the City. Elimination of exceptions to the lot coverage requirements will simplify
the Zone Code.
The combined effects of changing lot coverage, setback requirements and the location of open space are
examined in the table below: Restrictions on lot coverage provide the most dramatic impact on the
volume of buildings. As lot coverage is reduced to 50% , gross floor area is reduced by over 600 square
feet. Factoring in the other proposed restrictions discussed above reduces gross floor area (building
volume) by over 760 square. (Please refer to the last column Estimated G.F.A. Per Unit in the table
below). The tabulation demonstrates that reduction in gross floor area becomes excessive if all the above
recommendations are established because a condominium project would only be 1,615 square feet which
is far smaller than the average condominium size being constructed today on a typical lot.
Hypothetical Max Buildout for 2 -unit Projects
(Based on typical 3000 Square Foot street to alley through lot in R-3 zone)
Based on maximum Lot Coverage, multiplied by three (2 stories and basement) subtracting needed area for parking. Assume approximately
1000 sq. ft.of parking area based on alley/street through lot (two 400 sq. ft. garages + 200 sq. ft. guest parking & parking setback area) actual
number varies depending on amount of excess R -O -W, and other conditions.
2Reduced livable area due to open space requirement (does not include amount of usable open space than can be placed on roof deck, overhang
as exception to lot coverage, or ground to sky area already reducing livable area due to lot coverage requirement)
'Reduced livable area due to yard requirements (does not Include yard areas that already reduce livable area due to lot coverage requirement)
44' added yard/setback from property line at 2nd level & 11' added setback at 3rd level
6
Lot Size
Lot
Coverage
Max.
Buiildout
G.F.A.'
Other Reductions
Est. G.F.A. per
unit (2 -unit
project)
Open Space
Req'mnt.
Reduction2
Yard.
Req'mnt.
Reduction'
Max.
Buildout
G.F.A
Current
3000
0.65
4850
600
100
Current
0
4750
2375
60% Lot Coverage
3000
0.6
4400
600
0
Current
0
4400
2200
55% Lot Coverage
3000
0.55
3950
600
0
Current
0
3950
1975
50% Lot Coverage
3000
0.5
3500
600
0
Current
0
3500
1750
Options w/ 65%
Require 8' Detached
3000
0.65
4850
600
200
Current
0
4650
2325
No O.S. on Roof Deck
3000
0.65
4850
600
. 500
Current
0
4350
2175
Upper Level Yards4
3000
0.65
4850
600
0
Upper FI.
720
4130
2065
Combination
3000
0.65
4850
600
264
Upper FI.
720
3866
1933
Options w/ 60%
Require 8' Detached
3000
0.6
4400
600
50
Current
0
4350
2175
No O.S. on Roof Deck
3000
0.6
4400
600
350
Current
0
4050
2025
Upper Level Yards4
3000
0.6
4400
600
0
Upper FI.
570
3830
1915
Combination
3000
0.6
4400
600
100
Upper FI.
570
3730
1865
Options w/55%
Require 8' Detached
3000
0.55
3950
600
0
Current
0
3950
1975
No O.S. on Roof Deck
3000
0.55
3950
600
200
Current
0
3750
1875
Upper Level Yards`
3000
0.55
3950
600
0
Upper FI.
420
3530
1765
Combination
3000
0.55
3950
600
0
Upper FI.
420
3530
1765
Options w/ 50%
Require 8' Detached
3000
0.5
3500
600
0
Current
0
3500
1760
No O.S. on Roof Deck
3000
0.5
3500
600
50
Current
0
3450
1725
Upper Level Yards`
3000
0.5
3500
600
0
Upper FI.
270
3230
1615
Combination
3000
0.5
3500
600
0
Upper FI.
270
3230
1615
Based on maximum Lot Coverage, multiplied by three (2 stories and basement) subtracting needed area for parking. Assume approximately
1000 sq. ft.of parking area based on alley/street through lot (two 400 sq. ft. garages + 200 sq. ft. guest parking & parking setback area) actual
number varies depending on amount of excess R -O -W, and other conditions.
2Reduced livable area due to open space requirement (does not include amount of usable open space than can be placed on roof deck, overhang
as exception to lot coverage, or ground to sky area already reducing livable area due to lot coverage requirement)
'Reduced livable area due to yard requirements (does not Include yard areas that already reduce livable area due to lot coverage requirement)
44' added yard/setback from property line at 2nd level & 11' added setback at 3rd level
6
1
1V. Number of Stories
Building height is established in Section 17.04.040 of the Zone Code and under the development
standards of each zone. The number of stories of a building has no effect upon building height. A
building built under the height requirements of the Zone Code is no taller and looks no taller if it is one,
two or four levels. The building height standards are as follows:
R-1 25 feet Maximum 2 stories
R-2 30 feet Maximum 2 stories
R-3 30 feet*
*35 foot allowable height exception for projects by and between buildings of similar height.
Requiring a maximum number of stories per zone is misleading as a building cannot be constructed which
exceeds the maximum height limit of the zone. For example, when an R-1 or R-2 project is designed it
must be described on the plans as two stories and a basement in order to conform to the above
requirement. If the building is described as three stories it violates the Zone Code and cannot be
permitted regardless of the building height. Each plan submittal must be labeled as two stories and a
basement and the building must conform to the requirements for construction of a basement (a minimum
of 50% of the perimeter of the lowest level of the structure must be 6' or less from the grade to the
finished floor above.) The requirement sometimes forces developers to raise grade around the building
perimeter, which in some cases works to the benefit of the project design (See Photo Nos. 2 & 3) but, in
some cases does not, particularly when the raised areas do not conform to lot topography. The original
restriction on the number of stories may have related to restricting building height, however the City's
current methods for ensuring conformance to height limits offers more precision than simple limitations
on the number of floors of a project. Regulating the number of floors of a project to establish building
height is like regulating the number of rooms to establish building volume. It has no effect.
BUILDING HEIGHT ENVELOPE
2
FLAT, CONCAVE OR UNIFORMLY SLOPING LOT
CONVEX SLOPING LOT
3
ATTIC
FLOOR 2
FLOOR 1
BASEMENT
NOTES:
1. MAXIMUM BUILDING HEIGHT
HIGHEST POINT ON BUILDING RIDGE OR ROOF
2. GRADE BASED UPON EXISTING CORNER
POINT ELEVATIONS
3. GRADE BASED ON MULTIPLE SPOT ELEVATIONS
The City checks conformance to maximum allowable height through the following:
• Property survey by licensed civil engineer indicating all existing corner point elevations on plans.
• Calculation of maximum building height - based upon property survey elevations8
• Indication on plans of maximum allowable height at each critical point on roof.
• Re -survey of maximum critical points at roof— at rough framing inspection
• Final building inspection of rough framing when survey agrees with heights shown on approved plans.
7
toI
Open Space Substantially On
Roof Peck 1
Open Space Substantially On
Roof Peck
Basement Condition Follows
To••gra .hy Of Site
Typical 2 Story And Basement
Condition 3
Roof. Decks F'rovide All Open
5'ace
5
No Building Setback Along
Street Frontage
6
Number of Stories Recommendation:
1. Refer to the number of stories per zone to simplify the Zone Code and eliminate ambiguity.
2. Require that the method for confirming building height during construction be codified in Section
17.04 "building height" section of Zone Code.
The recommendation will eliminate confusion in the Zone Code relative to building height allowed in
each zone and define the precise method for measuring height in zone check and during construction.
8
Example Of F.A.R. 1.7 To 1
Manhattan Beach
7
Example Of F.A.R. 1.7 To 1
Manhattan Beach
8
Example Of F.A.R. 1.7 To 1
Manhattan Beach
9
F.A.R does not provide a setback from the street or minimize appearance of building height.
V. Definitions
The Zone Code has ambiguities relative to zoning definitions. Without a clear definitions of terms, it is
difficult to understand and use the Ordinance. Many definitions are used to interpret zoning regulations
and these terms should be codified into law. Additionally, several zoning regulations refer to terms which
are not defined making the regulations unclear.
The Zone Code defines a basement differently than the Building Code. A consistent definition is
important because project approval in planning must not conflict with building requirements. The intent
of the Building Code in dealing with basement conditions is to permit emergency egress to the grade
below. The Building Code provides the more restrictive standards as follows:
Basement: A floor level where a minimum of 50% of the perimeter of the finished floor level above is
less than 6 feet from the finished grade.
Terms requiring clearer definition which are used in the Zoning Ordinance are gross floor area, unit,
yard, frontage, story, setback, deck, balcony, habitable room, garage. The effect of these changes will be
to simplify the Zone Code and make zone check consistent with plan check..
VI. Condominium Requirements
1. CUP/PDP Requirements
Condominium projects are subject to both CUP and PDP discretionary review. Section 17.22.040
provides that all condominium projects are subject to approval of a Conditional Use Permit by the
Planning Commission. Section 17.58.020 provides that construction or location of buildings or structures
(such as condominiums) is subject to Planning Commission review of a Precise Development Plan.
The standards for review of a CUP pursuant to Section 17.22.130 are quite broad and include such things
as "architectural unity and harmony between the project and the surrounding neighborhood ... to promote
stability of the neighborhood". PDP review is intended to "improve the quality of development and to
mitigate any environmental impacts" pursuant to Section 17.58.030. While the stated intent of the
review is to promote unity and harmony and environmental conformity, as a practical matter, the review is
pro -forma and generally results in only minor modifications to building color, window treatment,
9
• •
The discretionary aspect of condominium approval does little to change the overall quality of a project
which is established by specific development standards under the Zoning Ordinance. To the extent that
these standards are precise and unambiguous, architects and owners can design and construct projects
with certainty and the City is assured that projects will be consistent with the surrounding neighborhood.
All projects are subject to detailed zoning and structural plan check and no building permit is issued until
a project complies with all zoning requirements.
While the City Council is considering making certain development standards more restrictive, it should
also consider making the process for certain project approvals less complicated and expensive by
eliminating the requirement for discretionary approval of two unit projects. These projects would be still
be subject to the same detailed zoning review currently required of all discretionary and non -
discretionary projects and the Planning Commission would still review the condominium map, but they
would not be subject to a public hearing related to project approval. Any project with unique issues
could still be referred to Planning Commission for final determination. Projects exceeding two units have
different issues related to access, building volume and site design which require Commission review.
Condominium Recommendations:
1. Eliminate discretionary approval for two unit condominium projects with referral to Planning
Commission only for condominium map approval and to resolve disputes on projects. The effect of this
change will be to make the development process more fair and less ambiguous by ensuring that all two
unit projects (the majority of projects constructed in the City) are subject to a consistent level of review
and the same development standards established under the Zoning Ordinance. Projects exceeding two
units present different issues related to building volume, access and design which should remain subject
to discretionary review.
VII. Nonconforming Remodels
The Council has expressed concern about the extent of work permitted as a "nonconforming remodel".
Section 17.52 of the Zone Code permits limited remodeling of properties nonconforming to the Zoning
Ordinance and provides limitations on removal and expansion of a structure when the project is
nonconforming to structure and/or use.10 The intent of the Ordinance is to ensure that projects involving
extensive remodeling and which do not meet current zoning requirements are brought into conformity
with the Zone Code. Projects which exceed limits on expansion or remodel must receive Planning
Commission approval. Limitations on removal and expansion are determined through plan review to
establish "existing" and "new work" and thorough a calculation of the value of construction based upon
ICBO valuations. The intent of these limitations is to avoid substantial building reconstruction without
correcting zoning nonconformities. The threshold for review by the Planning Commission is as follows:
Removal — Nonconforming Use
1. 10% Exterior Walls, 10% Floor Area
2. Roofs to Add Stories Exempt
Greater requires P.C. Approval to 100% Max.
Expansion -- Nonconforming Use
1. 50% Current Replacement Cost
2. Garage Additions Exempt
Greater requires P.C. Approval to 100%Max..
Removal — Nonconforming Buildings
1. 30% Exterior Walls, 30% Floor Area
2. Roofs to Add Stories Exempt
Greater requires P.C. Approval to 100% Max.
Expansion — Nonconforming Buildings
1. 50% Current Replacement Cost
2. Garage Additions Exempt
Greater requires P.C. Approval to 100% Max.
1. Determining Existing vs. Expansion Areas
What constitutes removal or expansion is often unclear in a project. Typically an older building contains
a mix of new and old work, some of which is planned and some which is unanticipated but required in the
10
•
course of construction. A wall may often contain several new studs mixed with old studs or it may
contain existing headers and plates (horizontal framing members) supporting windows and framing above
and be mixed with new studs. If it contains substantial amounts of existing framing, is the wall new and
"expansion" or is it "existing"?.
The matter of what should be considered new or existing work relative to implementing the Ordinance
was recently referred to Planning Commission this year and the Commission indicated that staff should be
guided by the following, regardless of whether the project is nonconforming to use or structure:
Any wall with existing structural framing — studs, headers beams etc.-- should be considered an
existing wall and therefore not be calculated as expansion or removal. If a wall is entirely new
workit should be considered a new wall and "expansion".
The Commission felt that it would be impractical to calculate "existing" as opposed to "new work" any
other way because of the complicated mixture of new and old framing in a residential remodel project.
2. Building Valuation
Building valuation for nonconforming remodel projects is calculated based upon the existing building
gross floor area and the proposed project gross floor area with a different value assigned for livable,
garages and decks_" The table below is completed for each plan submittal determined to be
nonconforming to the Zoning Ordinance.
Existing GFA
Livable sq. ft.
Garage "
Decks "
Existing Value
50% Existing Value
Total Value
Percentage of Project Value Existing Building
100% Value
x $93.48
x $24.72
x $14.52
Proposed GFA
Livable sq. ft
Garage "
Decks "
Proposed Value
100% Value
x _ $93.48
x _ $24.72
x $14.52
Remodeled Area
Livable sq. ft.
Garage "
Decks "
50% Value
x _ $46.74
x_ $12.36
x $7.26
Remodeled areas are calculated at 50% of the existing value of the structure. Up to 100%
expansion/remodel of the existing valuation is permitted and remodels greater than 50% require Planning
Commission approval. The ambiguity which occurs in simply determining the extent of construction in
reviewing a set of plans, also occurs in calculating the value for construction. (i.e. what are the areas of
existing and expansion for a project?) The fact that the valuation is calculated at 50% of the existing
value means that fewer project may be referred to the Planning Commission for review. It is often
difficult to determine whether a project should or should not be referred to Commission based upon
valuation as the actual areas of new work shown on the plans may only indicate "new header" or "new
window or door" and this work is includes existing framing. Thus the Ordinance is ambiguous and
difficult to implement relative to plan review, calculation of building valuation, referral to Commission
and during construction inspection of a project.
Nonconforming Remodel Recommendations:
1. Calculate building valuations for all nonconforming remodels at 100% value involving "expansion"
as a more restrictive standard to ensure that all relatively large projects are referred to Commission.
2. Consider "expansion" to mean construction beyond the footprint of the building/envelope. If you are
building within the footprint/envelope of the building and do not increase any nonconformity you need
only comply with the requirements for a building permit. No further planning approval is required. If
you expand beyond the buildingfootprint/envelope, Planning Commission approval is required if
work exceeds 50% of the project existing valuation. This regulation is simple to understand and there
is no disputing the extent of work.
11
• •
3. Eliminate the percentage for "removal" for nonconforming buildings and uses to simplify project
design and plan review. Codify Ordinance language for "existing work" to include any wall with
existing framing and "expansion" as entirely new walls beyond the building footprint/envelope.
4. Maintain other requirements for Commission review in the Ordinance, but revise text for clarity.
5. Codify the method of calculating valuation in the above tabular format in the Ordinance.
The effect of these recommendations will be to require Planning Commission review for a larger number
of larger nonconforming remodels which exceed the "expansion" threshold, but make the standards for
"removal" less restrictive. The Ordinance will be clearer and easier to use.
Sol Blume el Director,
Communit Development Department
Concur:
Steve Burr'
City Man. • er
Attachments:
1. Summary of comparable parking requirements similar cities- From California Parking Standards for Selected
Cities and Counties, June 1995, Walker Parking Consultants.
2. Summary of Conditions of Approval — 1998 condominium projects.
3. Survey of comparable cities requirements for discretionary approvals 2 unit projects.
4. Sample of calculating building height
Notes
1. The required number of parking spaces per dwelling unit in Hennosa Beach is similar to most adjacent beach cities. (See List of Parking .
Space Requirements by City)
2. Single Family Dwelling - Up to 25% may be provided in balconies or decks with a min. dimension of 10'.
Small lots (less than 2100 sq. ft.) 300 sq. ft. of open space, min. dimension 7' 100% required open space permitted on decks.
3. Assumes two units.
4. Assumes three units.
5. 50% or more directly accessible to each du. (Five or more units — 100 sq. ft. per/du additional common recreation space) Open
Space may be provided in directly accessible balconies or decks
6. Only an area exceeding the minimum yard area may be counted toward recreation space and only if the overall dimension of the required
setback and the exceeding area together have a dimension of at least seven feet in R-2 and R-3 zone and 10' in the R-1 zone.
7. An F.A.R. of approximately 1.6 to 1 is achieved with the current lot coverage standards in the City
8. METHOD FOR CALCULATING BUILDING HEIGHT
For any point on a lot, building height is established at the corner point elevations based upon a topographic survey. The method for
calculating building height involves taking the difference in elevation from the lowest to highest corner points of a lot, then dividing by the
lot length to establish the slope per foot along the property line. The slope per foot is multiplied by the distance to the base elevation — the
point along the property line which corresponds to the project critical point - the highest part of the roof or ridge. This same calculation is
also done to establish the cross slope along the corresponding corner points. The difference in elevation between the cross slope per foot
and the base elevation + the maximum allowable height (25' or 30' generally) = the maximum building height at the critical point. Each
plan submittal must indicate the critical point elevation and a project may have one or several critical points depending upon the project
design and topography.
9. Circular, triangular, odd and/or unusual shaped recreations space shall have a minimum of forty- nine (49) square feet in area, minimum
dimension of 7' in R-2, R-3 and 10' in the R-1 zone.
10. See summary of Conditions of Approval - 1998 condominium projects.
11. Remodels of up to 100 sq. ft. are permitted without additional parking during the life of the structure, up to 250 sq. ft. with P.C. approval
12. Expansion for vehicle parking not counted to 50% threshold
H:/CCmemo5A
12
CITY
Hermosa
Berkeley
Beverly Hills
Arcadia
Bell Gardens
Burlingame
Calabasas
Carlsbad
Claremont
Costa Mesa
Dana Point
Hawthorne
Irvine
Laguna Beach
Manhattan Beach
Newport Beach
Redondo Beach
Santa Monica
Seal Beach
Torrance
* 4+ bedrooms
f:\b95\cd\prksury
•
•
PARKING SURVEY COMPARABLE CITIES
(Assumes 3000 square foot D.U., three bedrooms)
SFD/REQ'D/GUEST
2/Unit + 1 Guest
2/Unit
2/Unit
2/Unit
2/Unit
1/Unit
2/Unit
2/Unit
2/Unit
2/Unit
2/Unit
2/Unit
2/Unit
2/Unit + 1 Guest *
2/Unit
1.5/Unit
2/Unit
2/Unit
2/Unit
2/Unit
MULTI/2 D.U.
2/Unit 1/2 D.U. Guest
1/1000 sq. ft. unit
3/Unit + D.U. Guest
2.5/Unit + 1/2 D.U. Guest
2/Unit + 1/2 D.U. Guest
2.5/Unit
3.0/Unit + 50%Total/Guest
2/Unit + .5/D.U. Guest
2.5/Unit + .5/D.U. Guest
2.5/Unit + .5/D.U. Guest
2.5/Unit + .2/D.U. Guest
2/Unit + 1/D.U. Guest
2/Unit + .25/D.U. Guest
2/Unit + .25/D.U. Guest
2/Unit + 1/D.U. Guest
1.5/Unit
2/Unit
2.5/Unit + 1/D.U. Guest
2/Unit + 1/D.U. Guest
2/Unit + 1/D.U. Guest
MULTI TOTAL
5
6
7
6
5
5
9
5
6
6
5
5
5
5
5
3
4
6
5
5
PLANNING COMMISSION APPROVAL FOR TWO UNIT PROJECTS
IN COMPARABLE CITIES
CITY
DISCRETIONARY APPROVAL
FOR TWO UNIT CONDOMINIUMS
REM
REMARKS
Hermosa Beach
Yes
Approval for condo map & design
Berkeley
Yes
Approval for condo map & design
Beverly Hills
Yes
Approval for condo map & design
Arcadia
No
Bell Gardens
No
Approval for condo map only
Burlingame
No
Approval for condo map only
Calabasas
No
Approval for condo map only
Carlsbad
No
Four or more units design & map
Claremont
No
Approval for condo map only
Costa Mesa
No
Approval for condo map only
Dana Point
No
Approval for condo map only
Hawthorne
No
Approval for condo map only
Irvine
No
Laguna Beach
Yes
Approval for condo map & design
Long Beach
No
Los Angeles
No
Manhattan Beach
No
Approval for condo map only
Newport Beach
No
More than 4 units only design & map
Redondo Beach
Yes
Approval for condo map & design
Santa Monica
No
Approval for condo map only
Seal Beach
Yes
Approval for condo map & design
Torrance
Yes
Approval for condo map & design
Approval is not required for project design in many cities beyond review of the condominium
map. In the above survey 15 cities do not require Planning Commission design approval and 7
require Planning Commission design approval.
f:\b95\cd\pccities
1°
• •
Charles F. Doherty
446 Thirtieth Street
Hermosa Beach, Ca 90254
(310) 379 6081
March 6, 1999
Sam Edgerton
Councilmember
Hermosa Beach City Council
1315 Valley Drive
Hermosa Beach, CA
F1'L 17 -
MAR - 8 1999
CITY MANAGER'S OFFICE
Sam,
I read recently that the City Council is planning to review the Building and
Zoning codes and I would like to suggest that the definition of "basement" be
examined to determine whether it meets the intent specified. At minimum, it
should be re -written so that at least half the population can understand it.
I have enclosed some correspondence that I had with the Community
Development Director as well as some pictures of a "2 -story" residence being
built at 451 29th Street, Hermosa Beach. Mr. Blumenfeld's reply was prompt
and, as you can see, thorough. It satisfied me that the structure in question is
being built to code.
However, it also points out a loophole in the Building Code that allows a 3 -
story building to be built on a flat lot and classified as 2 -story by virtue of the fact
that the builder can construct a retaining wall and back-filled behind it to create a
quasi basement.
As I said in my letter of October 30, 1998, I had hoped that a more traditional
definition of "basement" would result in a lower profile structure. I think that in the
interest of preserving the architectural character of Hermosa Beach, this loophole
needs to be closed.
Sincerely,
7//kle-do-LA,
SUPPLEMENTAL
INFORMATION
•
45/ 09-11 5,
A/57 2 ��' S -F— es 5 et
vio t.e„07,fr
/ 2P9411
• •
Charles F. Doherty
446 Thirtieth Street
Hermosa Beach, Ca 90254
(310) 379 6081
October 30, 1998
Mr. Sol Blumenfeld, Director
Community Development Department
Hermosa Beach, Ca
Re: 451 29th Street — New Residential Structure
Dear Mr. Blumenfeld
Thank you for your prompt and thorough response to my letter regarding the
above named project. I had hoped that a more traditional definition of
"basement" would result in a lower profile structure but, as you pointed out, that
is not the way the Building Code is written. The fact that a builder can add fill to
a lot to create a basement condition pretty much guarantees that we are going to
see a lot more 3 -story boxes in Hermosa Beach. I'm sorry to see that because it
is destroying the architectural character of the City. Soon Hermosa Beach will
look like Redondo Beach but I guess that is what is called progress. Thank you
again for your letter and the time and effort that you obviously put into it.
Sincerely,
cc: Hermosa Beach City Council
October 22, 1998
Charles F. Doherty
446 Thirtieth Street
Hermosa Beach, CA 90254
•
City o f`liermosarl3eacl.
Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885
Subject: 451 29th Street - New Residential Structure
Dear Mr. Doherty:
I am writing to respond to your letter of October 4, 1998 regarding the subject project in which
you indicate that it is higher than other homes in the neighborhood and that it is three stories, but
limited to two under the R-2 zone. You have also indicated that you believe that the building is
over -sized and over -height.
The height of any building is established by the maximum allowable height in the zone, based
upon the property corner point elevations. The City uses the corner point elevations to ensure
that the project height is consistent with adjacent properties in the zone. The definition of grade
and building height in the Zoning Ordinance, not the number of stories, establishes the building
height of the project. Section 17.04 of the Zone Code states that:
Building height means a vertical distance measure from grade, as determined as
described herein, to the corresponding uppermost point of the roof, as shown in the
examples at the end of Chapter 17.04.
Grade at any point on a lot is determined based upon existing corner point elevations, taking
in consideration significant variations relative to adjacent properties.
Thus for any point on a lot grade is established at the corner point elevations and interpolated
along the property lines to that point on the lot which corresponds to the maximum height of the
building (roof or ridge line) I have attached the above referenced Zone Code sections, building
height calculations and zoning illustrations for your review.
The City goes to extraordinary lengths to ensure that the all construction projects conform to the
maximum allowable building height. These include:
• Property survey by licensed surveyor indicating all existing property corner elevations
• Calculation of the maximum building height (attached) based upon property survey stamped
by a licensed surveyor prior to issuance of discretionary or building permits
• Indication on plans of maximum allowable height of the project at each critical point on the
roof and maximum building slab elevation (to check elevation as the project commences)
• Survey of maximum critical points at roof identified on the approved project plans at
completion of rough.
• Final Building Inspection approval of rough framing for project only when survey indicates
structure is within critical point elevation of approved plans.
• •
In the case of the subject project, the approved building plans indicate that the maximum
allowable height is 131.07 feet and 130.97 feet as calculated from the two critical points
identified on the plans. (Photo copy of relevant plan sheet is attached.) The recently submitted
survey for roof framing indicates that the critical points on the roof are at a maximum elevation of
130.63 feet which is within the 30 foot maximum allowable height for projects in the R-2 zone.
Let me address the number of stories of the project which you were concerned about. The
Building Code describes a first story as the lowest story in a building which qualifies as a story
and a basement is described as a floor level where a minimum of 50% of the perimeter of the
finished floor level above is less than 6 feet from the finished grade. The Zone Code defines
basement as a portion of a building partially below the average level of the highest and lowest
point of that portion of a site covered by a building with a ceiling no part of which is more than
seven feet above such level. The Building Code provides the more restrictive standard for
basement which the City uses in evaluating projects. The City does not have a grading ordinance
and does not regulate whether fill soil can be placed on a lot. Thus one can add fill to a lot to
create a basement condition if the finished floor level above is less than 6 feet from the finished
grade once the project is completed.
The intent of the Building Code in dealing with basement conditions is to deal with emergency
egress by enabling someone to escape from a building by jumping no more than two floor levels.
A property owner is not precluded from designing a building to meet the definition under the
Building Code of abasement and two floor levels which is what was done in the subject case.
The building is no taller than would be allowed under the zone if it was two levels or four levels.
In fact, the number of floor levels has no relationship to the building height which is based upon
the original surveyed corner point elevation of the property as described above. Obviously there
is a physical limitation on the number of stories that can be provided within the height limit, but
the number of stories has no bearing on the building height. There are many examples of projects
around the City both new and old, single family and multi -family dwellings, on sloped and non -
sloped lots, where the property owners have chosen to design their buildings to meet the
definition of a basement and two levels while conforming to the maximum allowable building
height. The property owner could also have created a one story 30 foot high home if he desired.
I have had the Planning Division reconfirm that the subject building conforms to all other
requirements relative to open space, yards and setbacks and building height and the project is in
conformance with the zoning requirements.
I hope that I have addressed all of your questions. Please call me at 318-0235 if you have any
other concerns about this project.
Sincerely,
lume
Community
'rector
evelopment Department
c. Steve Burrell, City Manager
attachments
h:/29thst
Chapter 17.04
DEFINITIONS
Sections:
17.04.010 Definitions not affected by
headings.
17.04.020 Tenses.
17.04.030 Number.
17.04.040 General definitions.
17.04.050 Commercial land use definitions.
17.04.060 Adult use definitions.
17.04.010 Definitions not affected by
headings.
Section headings contained herein shall not
be deemed to govern, limit, modify or in any
manner affect the scope, meaning or intent of any
section hereof. (Prior code Appx. A, § 200)
17.04.020 Tenses.
The present tense includes the future, and
the future the present. (Prior code Appx. A, § 201)
17.04.030 Number.
The singular number includes the plural,
and the plural the singular. (Prior code Appx. A, §
202)
17.04.040 General definitions.
"Accessory" means a building, part of a
building or structure or use which is subordinate to,
and the use of which is incidental to that of the
main building, structure or use on the same lot.
Where the wall of an accessory
building has a common wall or a portion of a
common wall not less than four feet in length, such
accessory building shall be considered as a part of
the main building.
"Automobile wrecking" means the
dismantling or wrecking of used motor vehicles or
17.04.010
trailers, or the storage, sale or dumping of
Ith'mantled or wrecked vehicles or their parts.
"Basement" means that portion of a
building partially below the average level of the
highest and lowest point of that portion of a
building site covered by the building with a ceiling
no part of which is more than seven feet above such
level.
"Block" means:
1. All property fronting upon one side
of a street between intersecting and intercepting
streets, or between a street and a railroad right-of-
way, waterway, terminus or dead-end street, or city
boundary. An intercepting street
shall determine only the boundary of the block on
the side of the street which it intercepts;
2. Where the need for determination
regarding lot merger, Section 16.20.030, occurs,
the following definition shall apply:
All lots facing a common street on both
sides of said street, except where residential zoned
lots do not exist, or are not within the city limits,
and said lots are between intersecting and/or
intercepting streets or between a street and a
railroad right-of-way, terminus, dead-end street or
city boundary.
"Building" means a permanently located
structure having a roof but excluding all forms of
vehicles even though immobilized. Where this title
requires, or where special authority granted
pursuant to this title requires, that a use shall be
entirely enclosed within a building, this definition
shall be qualified by adding "and enclosed on all
'ides."
"Building height" means a vertical distance
measured from grade, as determined as described
herein, to the corresponding uppermost point of the
roof , as shown in the examples at the end of
,hapter 17.04.
"Grade" at any point on a lot is determined
based on existing corner point elevations, taking
into consideration significant variations relative to
adjacent properties. In cases where there is
significant variation in elevations between adjacent
properties at corner points, the point of
(17.04) 1
supp.5 (09/97)
17.04.040
measurement shall be established based on the
elevation at the nearest public improvement or an
alternative point within 3 horizontal feet which,
based on supporting evidence, represents existing
unaltered grade. In the absence of supporting
documentation the corner point elevation shall be
established at 1/2 the difference between the
adjacent elevation and the elevation on the property
in question.
The determination of grade shall be made
by the Community Development Director, based on
all available evidence, and any disputes shall be
referred to the Planning Commission.
For lots with convex contours (where the
ground level arches upward along a property line)
the "grade" of a lot may be based on a detailed
topographical survey along the property line with
spot elevations called out at a minimum of two (2)
foot intervals.
Building, Main. "Main building" means the
principal building on a lot or building site designed
or used to accommodate the primary use to which
the premises are devoted; where a permissible use
involves more than one structure designed or used
for the primary purpose, as in the case of group
houses; each such permissible building on one lot as
defined by this title shall be construed as
constituting a main building.
"Building site" means: (a) the ground area
of one lot, or (b) the ground area of two or more
lots when used in combination for a building or
group of buildings, together with all open spaces as
required by this title.
"Commission" means the planning
commission of the city.
Day Care Home, Large. "Large day care
home" means day care provided within a home for a
minimum of seven children and a maximum of
twelve (12) children, including children who reside
in the home.
Day Care Home, Small. "Small day care
home" means day care provided within a home for
one to six children, maximum, including children
who reside in the home.
Supp.5 (09/97)
"Dump" means an area devoted to the
disposal of refuse, including incineration, reduction
or dumping of ashes, garbage, •combustible or
noncombustible refuse, offal or dead animals.
"Dwelling" means a building or portion of a
building designed for residential purposes, including
one -family, two-family and multiple dwellings, but
shall not include hotels, boarding and lodging
houses.
"Dwelling unit" or "apartment" means one
or more rooms in a dwelling or apartment house or
apartment hotel designed for occupancy by one
family for living or sleeping purposes, and having
only one kitchen.
All rooms comprising a dwelling unit shall
have interior access through an interior doorway
not containing a deadbolt lock to other parts of the
dwelling unit with the exception of accessory living
quarters, provided that where a dwelling unit
occupies two stories, interior access shall be
provided between stories by an open unenclosed
stairway.
For the purpose of this section, "open
stairway" means a stairway which has a minimum
of one wall which is not more than forty-two (42)
inches high opening into at least one room from
which the stairway connects each floor.
If in the opinion of the director of building
and safety the design of a dwelling has the potential
to be converted to additional dwelling units, the
director may require a deed restriction to be
recorded prior to issuance of a building permit.
Dwelling, One -Family. "One -family
dwelling" means a detached building designed for
occupancy by one family containing one dwelling
unit. •
Dwelling, Two -Family. "Two-family
dwelling" means a building designed for occupancy
by two families living independently of each other,
and containing two dwelling units.
Dwelling, Multiple. "Multiple dwelling"
means a building, or a portion thereof designed for
occupancy by three or more families living
independently of each other, and containing three or
more dwelling units.
(17.04) 2
1
BUILDING HEIGHT ENVELOPE
FLAT, CONCAVE OR UNIFORMLY SLOP/NG LOT
2
NOTES:
1. MAXIMUM BUILDING HEIGHT
HIGHEST POINT ON BUILDING RIDGE OR ROOF
2. GRADE BASED UPON EXISTING CORNER
POINT ELEVATIONS
3. GRADE BASED ON MULTIPLE SPOT ELEVATIONS
CORNER POINT
RETAINING WALLS
CONVEX SLOPING LOT
FIN. GRAPE
- PROPERTY LINE
Oblique View
EXAMPLE OF GRAPE DIFFERENCE AT PROPERTY LINE
ATTIC
FLOOR 2
FLOOR 1
BASEMENT
- PROPERTY LINE
RETAINING WALLS
0
Plan View
CITY OF HERMOSA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
AZAI BLC SURVEYING, INC.
BOUNDARY • LAYOUT • CONSTRUCTION SURVEYING
CML ENGINEERING
LAND & CONSTRUCTION SURVEYING
September 22, 1998
HBA Development
Harold Anschel
2306 Pacific Coast Hwy #401
Hermosa Beach, CA 90254
RE: 451 29th St., H.B.
BLC J.N. 6838
Gentlemen:
1145 Artesia Blvd.
Suite 202
Manhattan Beach, CA 90266
(310) 379-6488
FAX: (310) 379-2177
On Septembeer 22, 1998 we surveyed the referenced property and found the elevation
of the top of the roof peak to be 130.63. The datum is shown on the survey for this site.
If you have any questions regarding the survey, please do not hesitate to call our office.
Sincerely,
BLC SURVEYING, INC.
orman S. Green, LS 5909
NSG/Ih
CEVV .
SEP 2 8 09h
un,;_ OEV. ubN
1
203-205 1994 UNIFORM BUILDING CODE
BASEMENT is any floor level below the first story in a building, except that a floor level in a
building having only one floor level shall be classified as a basement unless such floor level quali-
fies as a first story as defined herein.
BOILER, HIGH-PRESSURE, is a boiler furnishing steam at pressures in excess of 15 pounds
per square inch (psi) (103.3 kPa) or hot water at temperatures in excess of 250°F. (121°C.), or at
pressures in excess of 160 psi (1002.4 kPa).
BOILER ROOM is any room containing a steam or hot-water boiler.
BUILDING is any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, EXISTING, is a building erected prior to the adoption of this code, or one for
which a legal building permit has been issued.
BUILDING OFFICIAL is the officer or other designated authority charged with the adminis-
tration and enforcement of this code, or the building official's duly authorized representative.
BULK HANDLING is the transferring of flammable or combustible liquids from tanks or
drums into smaller containers for distribution.
SECTION 204 — C
CAST STONE is a precast building stone manufactured from portland cement concrete and used
as a trim, veneer or facing on or in buildings or structures.
CENTRAL HEATING PLANT is environmental heating equipment which directly utilizes
fuel to generate heat in a medium for distribution by means of ducts or pipes to areas other than the
room or space in which the equipment is located.
C.F.R. is the Code of Federal Regulations, a regulation of the United States of America available
from the Superintendent of Documents, United States Government Printing Office, Washington,
D.C. 20402.
'CHIEF OF THE FIRE DEPARTMENT is the head of the fire department or a regularly autho-
rized deputy.
COMBUSTIBLE LIQUID. See the Fire Code.
CONGREGATE RESIDENCE is any building or portion thereof which contains facilities for
living, sleeping and sanitation, as required by this code, and may include facilities for eating and
cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent,
monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing
homes, hotels or lodging houses.
CONDOMINIUM, RESIDENTIAL. See "apartment house."
CONTROL AREA is a building or portion of a building within which the exempted amounts of
hazardous materials may be stored, dispensed, handled or used.
CORROSIVE is a chemical that causes visible destruction of, or irreversible alterations in, liv-
ing tissue by chemical action at the site of contact. A chemical is considered to be corrosive if, when
tested on the intact skin of albino rabbits by the method described in the United States Department
of Transportation in Appendix A to 49 C.F.R. 173, it destroys or changes irreversibly the structure
of the tissue at the site of contact following an exposure period of four hours. This term shall not
refer to action on inanimate surfaces.
COURT is a space, open and unobstructed to the sky, located at or above grade level on a lot and
bounded on three or more sides by walls of a building.
SECTION 205 — D
DANGEROUS BUILDINGS CODE is the Uniform Code for the Abatement of Dangerous
Buildings promulgated by the International Conference of Building Officials, as adopted by this
jurisdiction.
1-14
i
•
1
V,
ir.
se
pr
01
SI
te(
as
Di
all
SE
the
are
1
mo
tog
1
I
ado
F
spn
F
by
w#U
than
twhi
Litt(
Kain
ider.
3 CODE
s a firm,
oresaid.
f visible
iections
343 °C.)
.ting not
for use,
ird 26-5
in ac -
dation."
r or lay -
se of its
r than a
xtemal
mals to
luction
qr more
Mmmo—
r venti-
cles of
the up-
iilding
1994 UNIFORM BUILDING CODE 220-222
included between the upper surface of the topmost floor and the ceiling or roof above. If the finished
floor level directly above a usable or unused under -floor space is more than 6 feet (1829 mm) above
grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet (3658
mm) above grade as defined herein at any point, such usable or unused under -floor space shall be
considered as a story.
STORY, FIRST, is the lowest story in a building which qualifies as a story, as defined herein,
except that a floor level in a building having only one floor level shall be classified as a first story,
provided such floor level is not more than 4 feet (1219 mm) below grade, as defined herein, for more
than 50 percent of the total perimeter, or not more than 8 feet (2438 mm) below grade, as defined
herein, at any point.
STREET is any thoroughfare or public way not less than 16 feet (4877 mm) in width which has
been dedicated or deeded to the public for public use.
STRUCTURAL OBSERVATION means the visual observation of the structural system, for
general conformance to the approved plans and specifications, at significant construction stages
and at completion of the structural system. Structural observation does not include or waive the re-
sponsibility for the inspections required by Section 108, 1701 or other sections of this code.
STRUCTURE is that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner.
SURGICAL AREA is the preoperating, operating, recovery and similar rooms within an outpa-
tient health-care center.
SECTION 221 — T
THROUGH -PENETRATION FIRE STOP is a material, device or construction installed to
resist, for a prescribed time period, the passage of flame, heat and hot gases through openings which
penetrate the entire fire -resistive assembly in order to accommodate cables, cable trays, conduit,
tubing, pipes or similar items.
TRAVEL DISTANCE. See Section 1001.2.
SECTION 222 — U
U.B.C. STANDARDS are those standards published in Volume 3 of the Uniform Building Code
promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.
(See Chapter 35.)
UL is the Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, Illinois 60062.
USE with reference to flammable or combustible liquids is the placing in action or service of
flammable or combustible liquids whereby flammable vapors may be liberated to the atmosphere.
USE with reference to hazardous materials other than flammable or combustible liquids is
the placing in action or making available for service by opening or connecting any container uti-
lized for confinement of material whether a solid, liquid or gas.
USE, CLOSED SYSTEM, is use of a solid or liquid hazardous material in a closed vessel or
system that remains closed during normal operations where vapors emitted by the product are not
liberated outside of the vessel or system and the product is not exposed to the atmosphere during
normal operations; and all uses of compressed gases. Examples of closed systems for solids and
liquids include product conveyed through a piping system into a closed vessel, system or piece of
equipment; and reaction process operations.
USE, OPEN SYSTEM, is use of a solid or liquid hazardous material in a vessel or system that is
continuously open to the atmosphere during normal operations and where vapors are liberated, or
the product is exposed to the atmosphere during normal operations. Examples of open systems for
1-21
i;
217-220 1994 UNIFORM BUILDING CODE
PERSON is a natural person, heirs, executors, administrators or assigns, and also includes a firm,
partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PHOTOLUMINESCENT is the property of emitting light as the result of absorption of visible
or invisible light, which continues for a length of time after excitation.
PLASTIC MATERIALS, APPROVED, other than foam plastics regulated under Sections
601.5.5 and 2602, are those plastic materials having a self -ignition temperature of 650°F. (343 °C.)
or greater as determined in accordance with U.B.C. Standard 26-6, and a smoke -density rating not
greater than 450 when tested in accordance with U.B.C. Standard 8-1, in the way intended for use,
or a smoke -density rating not greater than 75 when tested in accordance with U.B.C. Standard 26-5
in the thickness intended for use. Approved plastics shall be classified as either CC 1 or CC2 in ac-
cordance with U.B.C. Standard 26-7. See also Section 207, definition of "foam plastic insulation."
PLATFORM. See Section 405.1.2.
PLUMBING CODE is the Plumbing Code, as adopted by this jurisdiction.
PROTECTIVE MEMBRANE is a surface material which forms the required outer layer or lay-
ers of a fire -resistive assembly containing concealed spaces.
PUBLIC WAY. See Section 1001.2.
SECTION 218-0
No definitions.
SECTION 219 — R
REPAIR is the reconstruction or renewal of any part of an existing building for the purpose of its
maintenance.
SECTION 220 — S
SELF -LUMINOUS means powered continuously by a self-contained power source other than a
battery or batteries, such as radioactive tritium gas. A self -luminous sign is independent of external
power supplies or other energy for its operation.
SENSITIZER is a chemical that causes a substantial proportion of exposed people or animals to
develop an allergic reaction in normal tissue after repeated exposure to the chemical.
SERVICE CORRIDOR is a fully enclosed passage used for transporting hazardous production
materials and for purposes other than required exiting.
SHAFT is an interior space, enclosed by walls or construction, extending through one or more
stories or basements which connects openings in successive floors, or floors and roof, to accommo-
date elevators, dumbwaiters, mechanical equipment or similar devices or to transmit light or venti-
lation air.
SHAFT ENCLOSURE is the walls or construction forming the boundaries of a shaft.
SHALL, as used in this code, is mandatory.
SMOKE DETECTOR is an approved, listed device that senses visible or invisible particles of
combustion.
STAGE. See Chapter 4.
STORY is that portion of a building included between the upper surface of any floor and the up-
per surface of the floor next above, except that the topmost story shall be that portion of a building
1-20
199
incl
floc
gra(
mm
con
S
exc(
pro'
thar
here
S
bees
S'
gen(
and
spot
S'
piec
SI
tient
SEC
T
res
pen(
tubii
Tl
SEC
pron
(See
U;
U:
flam
U:
the
lized
U:
syst(
liber
nom
liqui
equi
cont
the p