ORDINANCE NO. 00-1207
ORDINANCE NO. 00-1207 - "AN ORDINANCE OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING
ORDINANCE OPEN SPACE REQUIREMENTS IN THE R-2, R-2B, AND R-3
ZONES AND GUEST PARKING REQUIREMENT FOR MULTI-FAMILY USES."
Submitted for
adoption
and
waiver of full reading
is Ordinance
No. 00-1207
, relating to the above subject.
At the meeting of October 10, 2000, the
ordinance was presented to Council for consideration and was
amended by changing the word "floor" to "floors" in section E
on page 3. The ordinance, as amended, was then introduced by
the following vote:
AYES: Bowler, Dunbabin, Edgerton, Mayor
Reviczky
NOES: None
ABSENT: Oakes
ABSTAIN: None
ORDINANCE NO.
00-1207
AN ORDINANCE OF CITY OF HERMOSA BEACH, CALIFORNIA,
TO AMEND THE ZONING ORDINANCE OPEN SPACE REQUIREMENTS IN
THE R-2, R-2B, AND R-3 ZONES AND GUEST PARKING REQUIREMENT
FOR MULTI-FAMILY USES
The City Council of the City of Hermosa
Beach does hereby resolve and ordain as follows:
SECTION 1
.
The City Council held duly noticed public hearings on February
29, May 2, and September 26, 2000, to consider amendments to
the Zoning Ordinance regarding residential open space
requirements and guest parking requirements as recommended by
the Planning Commission, at which testimony and evidence, both
written and oral, was presented to and considered by the
Council.
SECTION 2
. The Planning Commission held a duly noticed public hearing on
November 16, 1999, and December 1, 1999, to consider amendments
to the Zoning Ordinance regarding residential open space
requirements and parking requirements, at which testimony and
evidence, both written and oral, was presented to and
considered by the Commission. At the December 1, 1999 meeting
the Commission recommended changes to open space requirements
in R-2, R-2B and R-3 zones, and to residential guest parking
requirements.
SECTION 3
.
Based on the evidence considered at the public hearings, the
City Council makes the following findings:
1. The current practice of providing a
substantial portion or all the required open space on roof
decks reduces the effectiveness of the open space
requirement and its primary intent to provide easily
accessible and usable open space as a basic amenity. It
also defeats another purpose of the open space requirement
purpose to break up the bulk of buildings and provide
articulation.
2. The current difference in open space
standards between condominiums and other projects in R-2,
R-2B and R-3 zones unnecessarily complicates the Zoning
Ordinance, and unfairly requires a lesser standard for
projects that are not condominiums.
3. The proposed amendment to limit the
amount of open space that can be provided on roof decks to
100 square feet, will mean at least 200 square feet of open
space will be provided on other decks or at grade for all
projects in the R-2, R-2B and R-3 zones.
4. The current requirement for guest
parking for every two dwelling units in the multi-family
zone needs to explicitly require that the guest parking
shared between units must be open and accessible to guests
of both units, to prevent the use of tandem parking as
shared guest parking spaces.
5. The City Council concurs with the
Planning Commission and the Staff Environmental Review
Committee’s recommendation, based on their
environmental assessment/initial study, that this subject
text amendment will result in a less than significant
impact on the environment, and therefore qualifies for a
Negative Declaration.
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 Sections 17.12.080, 17.14.080,
and 17.16.080 pertaining to open space requirement in the
R-2, R-2B and R-3 residential zones, as follows:
"
USABLE OPEN SPACE.
There shall be a minimum of
two
three
hundred
(200
)
(300)
square feet of usable open space
provided for each
per
dwelling unit.
A.
Fifty (50) percent
One hundred (100) square feet
of the required open space shall be directly accessible to
and at the same floor level of the primary living area
of
each unit
and solely for private enjoyment and use by a
specified unit
.
B.
Private and common
Each qualifying
open space
area
may be covered up to fifty (50) percent, but shall not be
enclosed on more than two sides
by building walls or guardrails greater than forty-two
inches in height.
C. The minimum dimension of open space
areas shall be seven feet
by seven feet (7’X 7’)
.
D.
Common
Open space areas may include pools, spas, gardens, play
equipment,
courtyards (a minimum of twenty (20) feet
wide),
decks over non-living area
, and decks over living areas of the same dwelling
unit
but shall not include driveways, turning areas, parking
areas, and required front, rear, and side yard areas.
E. Private open space areas may include patios,
pools, spas, and garden areas; also balconies and decks
over non-living areas or over living areas of the same
dwelling unit when accessible through the interior of the
dwelling unit and over only the dwelling unit for which
there is interior access.
E. Roof Decks. A maximum of one hundred
(100) square feet of required open space may be provided on
a roof deck, with minimum dimension of seven by seven feet
(7’x 7’). For the purposes of this section,
"roof deck" is defined as the walkable or otherwise usable
open space area located above the roof framing of building,
the only access to which is from the floors below.
F. Refer to Chapter 17.22 for additional
requirements for condominiums.
G
F
. When computing open space in conjunction with yard areas,
only an area which exceeds the minimum required yard area
may be counted toward open space and only if the overall
dimension of the required setback and the exceeding area
together has a dimension of at least seven feet in width
and length.
H
G
. Circular, triangular, odd, and/or unusual shaped open
space areas shall have a minimum of forty-nine (49) square
feet in area as well as minimum seven-foot dimensions.
I
H
. Decks, balconies or similar areas which extend over more
than one dwelling unit shall have a minimum S.T.C. rating
of 58.
I.
Each development of five or more units shall provide one
hundred (100) square feet of common open space area or
facility per unit in addition to required open space. The
common open space area may include play area, pool, spa,
recreation room, gym, garden and similar amenities for the
common use of all owners, but shall not include driveways,
turning areas, parking areas, and required front, rear and
side yard areas."
2. Section 17.22.060, eliminate
sub-section (E.) pertaining to recreation space requirement
for condominiums, as follows, and re-letter the ensuing
sub-sections:
E. Recreation Space:
1. Private. Each unit shall have at least one
hundred (100) square feet of private space for a
specified unit, in addition to open space required by
the zoning ordinance. Such required recreation space
shall have no dimension less than seven feet; the
space may be partially covered up to fifty (50)
percent. Such required space may include a patio,
pool, spa, balcony and a deck area over non-living
areas or over living areas of the same dwelling unit
when accessible through the interior of the dwelling
unit and over only the dwelling unit for which there
is interior access.
2.
Common. Each development of five or more
condominium units shall provide one hundred (100)
square feet of common recreation area or facility per
unit in addition to required common open space and
private recreation space. The common recreation area
may include play area, pool, spa, recreation room, gym,
garden and similar amenities for the common use of all
owners, but shall not include driveways, turning areas,
parking areas, and required front, rear and side yard
areas.
When computing recreation space in
conjunction with yard areas, only an area which exceeds
the minimum required yard area may be counted toward
recreation space and only if the overall dimension of
the required setback and the exceeding area together
has a dimension of at least seven feet in width and
length.
Circular, triangular, odd, and/or
unusual shaped recreation space shall have a minimum of
forty-nine (49) square feet in area as well as minimum
seven-foot dimensions.
Decks, balconies or similar areas
which extend over more than one dwelling unit shall
have a minimum S.T.C. rating of 58.
.
3. Amend Section 17.44.090 pertaining to
location of off-street parking spaces to add sub-section (G.)
as follows:
"G. Required guest parking spaces for
duplex, two-family or multiple family residential uses
that are shared between units shall not be located in
tandem and shall be open and accessible to guests of all
the units."
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 24th day of October, 2000, by the following vote:
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