City of Hermosa Beach --- 12-08-98


ORDINANCE NO. 98-1188 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED OR REPLACED. "


Submitted for adoption and waiver of full reading is Ordinance No. 98-1188 , relating to the above subject.


At the meeting of November 24, 1998, a supplemental ordinance was presented to Council for consideration and was introduced by the following vote:


AYES: Bowler, Edgerton, Oakes, Reviczky

NOES: Mayor Benz

ABSENT: None

ABSTAIN: None


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ORDINANCE NO. 98-1188


AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED.


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 September 15, and October 20, 1998, to consider amendments to the Zoning Ordinance regarding existing stairs located in required yards; at which testimony and evidence, both written and oral, was presented to and considered by the Commission.


SECTION 2 . The City Council conducted a duly noticed public hearing on November 24, 1998, 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 findings:


  1. Many older buildings with the main living area above grade or on a second floor are entered from an exterior stairway. Though legally constructed pursuant to the Uniform Building Code (UBC) and zoning requirements at the time, these stairs now are located in required yards, and are therefore considered "nonconforming".
  2. Often these stairs provide the only access to a dwelling unit, or required secondary access.
  3. The stairs are typically constructed of wood and, therefore, do not comply with current fire safety requirements of the UBC.
  4. While limited repair is permitted under the Nonconforming Ordinance and the Building Code, in most cases a complete replacement is the safest and best option. However, even if the stairs are reconstructed to comply with the UBC (i.e. constructed of metal or concrete), it may not be feasible to reconstruct the stairs in compliance with zoning requirements or other UBC requirements such as required width.
  5. Allowing an exception for existing nonconforming stairs will resolve the problem of stairs which have deteriorated or been damaged beyond any possibility of repair and need to be replaced and will also allow property owners who may desire to replace wooden stairs with safer metal or concrete stairs.
  6. Without an exception, major and costly remodeling of a structure would be necessary to replace access to dwellings that may be lost due to a deteriorated or damaged stair, and there is no incentive to fully replace older stairs with safer non-combustible stairs.


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 17.46.100 and 17.46.110 for clarification purposes to read as follows:


"17.46.100 Balcony encroachments into front yard areas .

An open uncovered balcony may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line, and shall be a minimum of seven feet above finished grade.


17.46.110 Stairway encroachment into yard areas.

A. Side Yards: Uncovered, solid concrete stair landing and stairs on grade which are not over four feet to the highest point from the natural, existing or finished grade, whichever is the lesser height, and do not extend above the level of the first floor of the building may extend or project into any required side yard. In order that such structure shall not obstruct any pedestrian way on the ground level, the stairs shall extend from the stair landings in both directions.


B. Front Yards: An unenclosed stairway or uncovered steps leading from grade to the first floor level may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line."


2. Amend Section 17.52.030 (B) "Nonconforming Buildings", under sub-section 2. "Expansion/remodel allowed" by adding the following additional paragraph "f" to read as follows


"f. Existing nonconforming stairways: Existing nonconforming stairways that encroach into required yard areas and that provide legally required access to legal dwelling units, may be fully reconstructed if beyond repair, provided no other reasonable location is available that does not require major reconfiguration or alteration of the structure. Said stairways, if reconstructed or replaced to allow continued access to the dwelling unit, shall be constructed in conformance with Chapter 34 of the Uniform Building Code; shall be constructed of non-combustible materials; shall conform to handrail, guardrail, tread depth, and riser requirements; and, shall not contain storage areas below. No replacement of said stairways shall be allowed in conjunction with an expansion and/or remodel project that exceeds a 50% increase in replacement cost to existing buildings on the site."


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 8th day of December, 1998, by the following vote:


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