City of Hermosa Beach --- 07-21-98

SUBJECT: PRECISE DEVELOPMENT PLAN 98-16

NONCONFORMING REMODEL 98-10

LOCATION: 1109 & 1111 MANHATTAN AVENUE


APPLICANT: JAMES AND KAYE CALDWELL

1111 MANHATTAN AVENUE

HERMOSA BEACH, CA 90254


REQUESTS: TO DEMOLISH AND RECONSTRUCT THE FRONT UNIT (1109) OF AN EXISTING DETACHED TWO UNITS, AND TO MAINTAIN THE REAR UNIT (1111) WITH A NONCONFORMING SIDE YARD, RESULTING IN A GREATER THAN 50% INCREASE IN VALUE AND A GREATER THAN 30% REMOVAL OF EXTERIOR WALLS


Recommendation

To approve the requests subject to the condition that the existing rear unit garage be widened to a minimum 17 feet to qualify for two spaces and that an interior access stair be provided to connect the two floors.


Background

LOT SIZE 4000 square feet

EXISTING FLOOR AREA 2829 square feet

Front Unit (1109): 1356 sq. Ft. (To be demolished)

Rear Unit (1111): 1473 sq. Ft.


PROPOSED ADDITION: 2800 square feet (new front unit)

PERCENT INCREASE IN VALUATION 96%

ZONING: R-3

GENERAL PLAN: High Density Residential

ENVIRONMENTAL DETERMINATION: Categorically Exempt

The front unit was originally constructed prior to the 1920's as it pre-dates City building records and the rear unit which is located with access from Palm Drive was built in 1940. The buildings are nonconforming to the following current requirements of the Zoning Ordinance:


Parking The front unit has no parking spaces, the rear unit a 15' wide X 18' foot deep two car garage which qualifies as only one space since 17-feet is required for a two car garage.

Side Yard - Rear unit north side: 2'9" rather than required 4 feet


Access Within Dwelling Unit: The rear unit has separate access to each floor, separating the main living area on the second floor from the "office", "game room" and "utility room" at the garage level. This does not comply with the current definition of dwelling unit which requires that all rooms shall have interior access.


The applicant is proposing to correct the nonconforming parking of the front unit as the new dwelling would be constructed in compliance with two parking spaces and two guest spaces in front of the garage. The rear unit is proposed to be maintained in its current condition, thus maintaining the nonconforming side yard, the nonconforming garage width, and the separate floor access.


Analysis

Section 17.58 of the Zoning Ordinance requires a Precise Development Plan for the addition to a two-family development in excess of 1500 square feet. Section 17.52 of the Zoning Ordinance requires Planning Commission approval when an expansion/remodel of a nonconforming building exceeds 50% and when removal of exterior walls exceeds 30%. The applicant is proposing to demolish the existing two-story front unit and replace it with a much larger unit with two stories above a garage. The proposed new unit would be 2800 square feet with 4 bedrooms 3 1/2 baths. The proposed reconstruction of the two-family development results in a 99% increase in valuation, and the complete demolition of the entire house equate to removal of 50% of existing walls on the property.


The existing rear unit located on Palm Drive is proposed to be maintained in its current condition, which includes a nonconforming north side yard of 2'9" rather than 4 feet, and a substandard garage width of 15 feet rather than 17 feet. In effect the lack of 17 foot width means that only one qualifying parking space is available. Also the unusual floor plan would be maintained with the main living area above the garage having separate access from the first floor level.


The proposal will improve the site, and bring it closer to conformity with current parking requirements, since only one space currently exists and the project will add a two car garage in conjunction with the new unit. Guest parking required to replace lost on-street parking will also be provided in front of the garage. However, to comply with the requirements of the Zoning Ordinance, two parking space must be provided per unit, thus requiring that the existing sub-standard garage to be widened for two spaces. Further, staff believes the scale of the project warrants correction of nonconforming floor plan of the existing unit, and is recommending a condition that interior access be provided to connect the two floors.



In sum, with the noted conditions and corrections, the nonconforming side yard is the only nonconformity that would be maintained, which is not a severe or unusual condition. Also the amount of expansion and remodel while substantial, is reasonable given the R-3 zoning, the lot size, and the age; size; and condition of the existing structures. If both structures were completely demolished the site potentially could be redeveloped with three units.


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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING A PRECISE DEVELOPMENT PLAN AND GREATER THAN 50% EXPANSION TO AN EXISTING TWO-FAMILY DETACHED DEVELOPMENT, TO ALLOW DEMOLITION AND RECONSTRUCTION OF THE FRONT UNIT, AND TO MAINTAIN THE REAR UNIT WITH A NONCONFORMING SIDE YARD AT 1109 AND 1111 MANHATTAN AVENUE


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


Section 1. An application was filed by James & Kaye Caldwell owners of real property located at 1109 & 1111 Manhattan Avenue, requesting approval of a Precise Development Plan and greater than 50% expansion to an existing nonconforming two-family detached development in order to replace the existing front unit with a new structure while maintaining the nonconforming rear unit in its current condition, pursuant to Chapter 17.52 of the Zoning Ordinance


Section 2. The Planning Commission conducted a hearing to consider the application on July 21, 1998, 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 applicant is proposing to construct a new 2800 square foot dwelling replacing an existing 1356 square foot dwelling and to maintain the second dwelling on the rear of the lot, resulting in an increase of valuation of 96% and removal of 50% of existing exterior walls while maintaining a nonconforming side yard at the rear dwelling unit.
  2. The new dwelling unit will replace a very old dwelling nonconforming to parking requirements as no parking is currently provided with a unit with 2 garage space plus 2 guest spaces.
  3. The applicant is also requesting to maintain the a newer rear dwelling (built in 1940) which has a nonconforming side yard, and which is also nonconforming to parking as its garage only measures 15 feet wide qualifying as only one parking space, and which contains a nonconforming floor plan in that separate access is provided to the first and second floor living areas.


Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings:


  1. With the imposition of reasonable conditions to eliminate the maintenance of the nonconforming parking dimension and nonconforming separate access to each floor of the rear unit, the only remaining nonconformity is the north side yard. The existing nonconforming side yard to be maintained is not significant or unusual in regards to compatibility with neighboring properties;
  2. The scale of the proposed expansion is reasonable, and removes existing nonconformities to parking, and is consistent with planning and zoning requirements for the R-3 zone and does not warrant requiring the current nonconforming side yard to be brought into conformance;
  3. Approval of the expansion is consistent with the intent and goals of Chapter 17.52 of the Zoning Ordinance
  4. 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.


Section 5. Based on the foregoing, the Planning Commission hereby approves a Precise Development Plan and greater than 50% expansion, subject to the following conditions of approval:


1. The project shall be consistent with submitted plans reviewed by the Planning Commission at their meeting of July 21, 1998, and modified to incorporate the conditions and corrections noted below. Further modifications to the plan which do not involve any further expansion shall be reviewed and may be approved by the Community Development Director.


  1. The existing garage in the rear dwelling unit shall be widened to provide parking for at least two cars with minimum width of 8.5 feet each.


  2. Interior access shall be provided to connect the first and second floor living areas within the rear dwelling unit.


2. No more than one on-street parking space shall be lost due to the new curb cut. Prior to issuance of bulding permits the site plan shall clearly depict the curb cut, location of on-street parking to be lost, and any restriping necessary to cause the loss of only one public on-street parking space.


3. Architectural treatment shall be as shown on building elevations and site and floor plans. Any modification shall require approval by the Community Development Director.


  1. Precise building height shall be reviewed at the time of plan check, to the satisfaction of the Community Development Director.


4. Any satellite dish antennas and/or similar equipment shall comply with the requirements of Section 17.46.240 of the Zoning Ordinance.


5. The address of each unit shall be conspicuously displayed on the street side of the buildings with externally or internally lit numbers and the method for illumination shall be shown on plans. All addresses shall be displayed at the main entry to the development. Addressing numbering and display subject to approval by the Community Development Department.


6. Roll-up automatic garage doors shall be installed on all garage door openings.


7. Two copies of final construction plans, including site, elevation and floor plans, which are consistent with the conditions of approval of this Precise Development Plan, shall be reviewed and approved by the Planning Division for consistency with Planning Commission approved plans prior to the submittal to the Building Division for Plan Check.


(a) If the drainage of surface waters onto the property requires a sump pump to discharge said waters onto the street, the property owner(s) shall record an agreement to assume the risk associated with use and operation of said sump pump; release the City from any liability; and indemnify the City regarding receipt of surface waters onto the property.


8. Prior to the submittal of structural plans to the Building Division for Plan Check an Acceptance of Conditions affidavit shall be filed with the Planning Division of the Community Development Department stating that the applicant/property owner is aware of, and agrees to accept, all of the conditions of this grant


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