SUBJECT: TEXT AMENDMENT - PLANNING COMMISSION POLICY STATEMENTS

PURPOSE: TO CONSIDER SPECIFIC ZONING ORDINANCE AMENDMENTS TO INCORPORATE CERTAIN REPEALED PLANNING COMMISSION "POLICIES"

Recommendation

To amend the specified sections of the Zoning Ordinance by adopting the attached Ordinance.

Background

Staff received general direction from the Council to eliminate certain policy statements , since they have not been adopted by the Council and are not a part of the Zoning Ordinance.

At their meeting of November 18, 1997, the Planning Commission repealed previously adopted "policy statements" and recommended adoption of text amendments to incorporate these policies into the Zoning Code. The policies are summarized in the attached list.

Analysis

The attached list summarizes the Commissions' recommendations in regards to all policy statements adopted by the Planning Commission since 1986. Several had already been incorporated into the Zoning Ordinance as noted. The following policies are important for clarifying ambiguous sections of the Zoning Code and are recommended for inclusion in the Zoning Ordinance.

1. Structural supports in the required parking setback, and portions of the building. The recommendation is to amend Section 17.44.090(c) to add a statement that the garage set back requirement specifically does not include structural supports or other parts of the structure as long as parking dimensions and turning radius are not obstructed. Structural supports for second floors typically intrude into the parking setback area and should be permitted.
2. Front yard location on through lots. The recommendation is to add a provision in Chapter 17.46, Yard, Height and Area Restrictions to clarify front yard. Without this provision, a literal interpretation of the Code would result in a front yard requirement on both frontages of through lots. If front yards were required on both frontages of a through lot it would impact the calculation of open space on R-1 lots, precluding the use of either frontage for open space purposes (since front yards are excluded from open space calculations while rear yards with a minimum 10-foot dimension may be included), and would prohibit the construction of fences any higher than 3 feet on both frontages. (A maximum 3-foot high fence is allowed in a front yard, while a 6-foot fence may be provided in the rear).
3. Yard location and requirements for "Half-lots" fronting an alley. It is necessary to determine yard requirements on a "half-lot" which only has frontage on an alley. Staff recommends adding a provision in Chapter 17.46, to state that the alley is considered the front, but that the alley yard requirements would apply (3-feet on the ground floor, 1 foot on the second floor.) This provides a setback consistent with the rear yard standard for the standard full size lots, and clarifies that the opposite side of the lot is the rear yard, allowing 6-foot walls/fences, and potential use for open space.
4. "Comprehensive sign plan" applies only to new multi-tenant commercial developments. Staff recommends clarification of the sign ordinance, Section 17.50.040 "Comprehensive sign plan," to specify "new multi-tenant" commercial development only to eliminate ambiguity relative to single-tenant projects.

Policies regarding usable open space, raising grades, and bootleg unit potential for multi-family projects.. Codifying this policy will require more comprehensive amendments to either the condominium requirements, or requirements in each zoning district, and review of applicability to multi-family or single-family developments.

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Attachments

1. List of Policy Statements
2. Proposed Ordinance.

POLICY STATEMENTS TO BE REPEALED

Policy Statement	Summary of Adopted Policy	Recommendation
86-2	To allow structural supports in the required parking setback, and portions of the building, as long as parking dimensions/turning area not obstructed	Amend Section 17.44.090(c) for clarification.
87-1	Definition of restaurant to distinguish from snack shops	Already codified*
87-2	To establish condominium C.U.P. expiration date at 18-months	Continue to include as typical condition of Condominium approvals.
88-1	To establish front yard location on through lots	Incorporate into Zoning Ordinance
91-1	To include "coffee houses" within the definition of snack shops	Already codified*
91-2	Alley setback requirements for "Half-lots" where the alley is the front	Incorporate into Zoning Ordinance for all half-lots that front on alleys
91-3	Interpreting that "check-cashing" business is not a permitted use	Already codified*
92-1	Policies regarding usable open space directly accessible to living areas, raising grades, and bootleg unit potential for multi-family projects	Incorporate into Zoning Ordinance - .....
92-2	Interpreting a "do-it-yourself" brewery to fall within the land use category of "hobby supply"	Already codified*
93-1	Establishment of a method for distinguishing a remaining wall from demolished wall for calculating lineal feet of "structural removal" of exterior walls pursuant to the Nonconforming Building Ordinance	Continue as practice, based on definition of "structural alteration", add as footnote to nonconforming ordinance
93-2	Interpretations of certain sections of the Sign Ordinance: 1. "comprehensive sign plan" applies only to new multi-tenant commercial developments; 2. temporary window signs are subject to 60-day limtation on duration of display; 3. parapets cannot be constructed solely to extend a sign above the roof line.	1. . Incorporate into Zoning Ordinance 2. Already incorporated as all temporary signs are subject to duration limits (Sec. 17.50.210) which will change to 90 days 3. Already codified (See Section 17.50.080 (B)(6))
94-1	Amendment to Policy regarding front yard location on through lots - to apply the double front-yard requirement on Strand/Hermosa through lots on new projects only.	Incorporate into Zoning Ordinance

*Included in 1994 amendment of Commercial Land Use Regulations/Definitions

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ORDINANCE 98-

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO INCORPORATE CERTAIN POLICIES PREVIOUSLY SET FORTH IN POLICY STATEMENTS.

The City Council of the City of Hermosa Beach does hereby resolve and order as follows:

Section 1. The Planning Commission held a duly noticed public hearing on November 18, 1997, at which the Commission recommended adoption of an ordinance to incorporate previously adopted "policy statements" into the Zoning Ordinance.

Section 2. The City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, was presented to and considered by the Council.

Section 3. Based on the evidence considered at the public hearing, the City Council makes the following finding:

1. Certain established policies of the Planning Commission that were matters of interpretation of certain provisions in the Zoning Ordinance, previously set forth in "policy statements," had questionable legal status, and should be incorporated into the Zoning Ordinance.

Section 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17-Zoning, be amended as follows:

1. Amend Section 17.44.090(C) first paragraph to read as follows:

• "C. In residential zones, garages or parking stalls fronting on a public street shall be set back a minimum of seventeen (17) feet from the exterior edge of the nearest public improvement (sidewalk or street improvement) if roll-up garage doors are installed, or set back twenty (20) feet if standard garage doors are installed. On streets where public improvements for sidewalks have not been completed the above setback shall be measured from the edge of the required or planned sidewalk. This measurement does not include structural supports or other parts of the structure provided parking dimension and turning radii are not obstructed."

2. Add the following new Section to Chapter 17.46, Yard, Height and Area Restrictions: "17.46.152 Front Yard Requirements for Through Lots

• A.The required front yard on "through lots", as defined herein, shall be provided on the street frontage where the majority of the existing dwelling units on the block are fronting.
• B. The following list indicates which frontage is designated the front yard for various blocks with through lots:

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Through Lots Located Between:	Front Yard Shall Be Provided On:
Ava Avenue and Ardmore Avenue	Ava Avenue
Ava Avenue and Springfield Street	Ava Avenue
Barney Court and Meyer Court	Barney Court
Bonnie Brae Street and Campana Street	Bonnie Brae Street
Monterey Boulevard and Culper Court	Monterey Boulevard
Monterey Boulevard and Loma Drive	Monterey Boulevard
Monterey Boulevard and Morningside Dr.	Monterey Boulevard
15th Place and 16th Street	15th Place
The Strand and Hermosa Avenue	Both The Strand and Hermosa Avenue (See Exception Below)

• C.developed properties and remodeling and expansion projects thereon The Strand shall be designated the front yard. For the purposes of calculating required open space in the various residential zones, the Strand front yard area may be counted towards the open space requirement."

3. Add the following new Section to Chapter 17.46, Yard, Height and Area Restrictions: "17.46.154 Yard Requirements for "Half-Lots" Fronting on Alleys

• The side of the lot facing the alley is considered the front yard, but the applicable yard requirement is three (3) feet from the property line on the ground floor and one (1) foot on the second floor and above."

4. Amend Section 17.50.040(C) "Comprehensive Sign Plan" to read as follows:.

• "C. Comprehensive Sign Plan to be Required on Proposed Commercial Developments. The applicant shall submit a sign plan for the development showing the location, size, color and, if possible, copy for all signs proposed for the site; the sign plan shall include a rendered elevation, showing all signs in relation to the structure. The theme of such signing shall be approved as a part of plans for new multi-tenant commercial or industrial developments, and shall be an integral part of the development."

Section 5. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

Section 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law.

Section 7. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 27th day of January, 1998, by the following vote:

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