SUBJECT: TEXT AMENDMENT 95-8

PURPOSE: TO ALLOW ALL OPEN SPACE TO BE LOCATED ON DECKS ON SMALL LOTS (2100 SQUARE FEET OR LESS) AND TO CONSIDER ALLOW UP TO A 10% MARGIN IN THE 2100 SQUARE FOOT THRESHOLD IN JUSTIFIABLE CASES

Planning Commission Recommendation

To recommend approval of the text amendment as modified pursuant to the attached resolution maintaining the 2100 square foot threshold with no exceptions, by adopting the attached ordinance.

Background

The Planning Commission, at their meeting of March 4, 1997, recommended amending the exception for R-1 lots less than 2100 square feet, to allow all open space to be on decks. The Commission's recommendation does not extend this exception to allow up to a 10% margin for lots larger than 2100 square feet.

The City Council at their meeting of March 12, 1996, rather than adopting the amendments as previously recommended by the Planning Commission, referred the item back to Planning Commission to consider the modification, as noted above in italics, and to reconsider their recommendation to make the total open space requirement for all lots to be a proportion of lot size (10%).

Analysis

The proposal to eliminate any required ground level open space has mutually been accepted by the both the Commission and Council as it allows more needed flexibility for these very small lots, already determined to be unique as recognized in the Zoning Code1. This need for added flexibility was demonstrated in the analysis undertaken in the course of this study, and implements a clearly stated objective from the joint Council, Planning Commission meeting.

The Council, however, expressed concern about the 2100 square-foot cut-off point, noting that a few lots just larger than that size will not be afforded the same exception. Council requested that the Planning Commission consider allowing a 10% margin in the lot size that is given these exceptions to give added flexibility for lots in the 2101 - 2320 square foot range. Council suggested that staff have the authority to grant the exceptions when "justifiable".

The Commission considered this concept of extending an additional 10% margin, but decided to stay with its original recommendation to limit the exceptions to exclusively those lots of 2100 square feet or less.

Please refer to the Planning Commission staff report and attachments for further analysis.

TOTAL OPEN SPACE REQUIREMENT

The City Council did not express support of the proposal to make open space a percentage of lot size, but did leave it open for possible future discussion to provide further relief from open space requirements. Their direction was for the Commission to evaluate other cities open space requirements to determine the effect of a 10% open space minimum for all lot sizes.

Since cities with comparable lot sizes and development intensity are limited, Staff has examined the provisions from Manhattan Beach and Redondo Beach. Staff found that open space standards are only a part of all the various requirements that may apply to the development of an R-1 lot and do not completely indicate the resulting amount of open space provided. (e.g. Manhattan Beach has no open space requirement for the R-1 zone, but instead uses a maximum floor area requirement as a means of reducing overall bulk and encouraging the provision of open space areas). Thus, there are several planning and development criteria that vary in all cities which would enter into determining how much open space is provided.

At this time the Commission is recommending immediate action to provide further relief to a recognized unique group of small lots, and requesting direction from the Council whether the concept of basing the total open space requirement as a proportion of lot size should be further examined.

The 2100 square foot lot size is a historical cut-off point allowing exceptions to open space requirements. This arguably creates a problem of inequity to lots that might fall just above this cut-off point. However, these exception were created to resolve a unique hardship and inequity that applied to several lots, all of the same size, in the R-1 portion of the Shakespeare Tract. These lots located between 30th Street and Longfellow are all 30' X 70'. While surrounded by lots of varying sizes (typically 30' X 80') they fall within the R-2 zone and are thus already afforded the flexibility allowed in the R-2 zone of a 30-foot height limit, a lesser 200 square feet per dwelling open space standard, and the option to provide all open space on decks.

R-1 DEVELOPMENT STANDARDS

(excerpt from the Hermosa Beach Zoning Ordinance)

17.08.030 Development standards.

The following development standards shall apply in the R-1 zone:

A. Building Height. Any building may have a maximum of two stories, but shall not exceed in any case a maximum of twenty-five (25) feet in height.

B. Front Yard. Every lot shall have a front yard setback equal to at least ten percent of the depth of the lot; however, the maximum setback shall be ten feet, and the minimum setback shall be five feet.

C. Side Yards. Every lot shall have a side yard on each side of the lot equal to ten percent of the width of the lot, provided such side yard shall not be less than three feet in width and need not exceed five feet in width.

D. Rear Yard. Every lot shall have a rear yard not less than five feet from the property line. The second floor can be three feet from the property line. On an alley, the rear yard requirement is a depth of three feet from the property line on the first floor and one foot from the property line on the second floor.

E. Additional Yard Regulations. Refer to Chapter 17.46 for additional yard regulations.

F. Exterior Wall Covering. All dwellings shall be covered with an exterior material customarily used on conventional dwellings and the exterior covering material shall extend to the ground. Rolled siding shall be prohibited.

G. Mobilehomes. Mobilehomes shall have been constructed after September 15, 1971, and have been issued an insignia of approval by the California Department of Housing and Community Development or were constructed after July 1, 1976, and were issued an insignia of approval by the U.S. Department of Housing and Urban Development.

H. Off-Street Parking. Off-street parking requirements and regulations for the R-1 zone are as provided in Chapter 17.44.

I. Lot Area. The minimum lot area for newly created lots shall be four thousand (4,000) square feet.

J. Permissible Lot Coverage. All buildings, including accessory buildings, shall not cover more than sixty-five (65) percent of the area of the lot.

K. Building Placement.

1. Any building used for human habitation shall not be located closer to the rear property line than a distance of five feet; however, where a rear yard abuts a street or alley, the building may be located three feet from the rear property line on the ground level, and one foot from the rear property line on the upper stories.
2. The distance between any buildings used for human habitation shall be not less than eight feet. The accessory building shall be not less than six feet.
3. No buildings may be erected over any easement dedicated for public or utility uses except over those easements of record granted to Warren Gillelen.
4. No accessory building may be located closer than three feet to any side or rear property line.

L. Open Space. There shall be a minimum of four hundred (400) square feet of usable open space with a minimum dimension of ten feet. Twenty-five (25) percent of this open space may be provided in balconies or decks with a minimum dimension of ten feet.

1. Required front, and/or side yards, driveways, turning areas, and parking areas shall be excluded from open space computation.

Lots of two thousand one hundred (2,100) square feet or less in area shall be allowed a minimum of three hundred (300) square feet of open space with a minimum dimension of seven feet and thirty-three (33) percent of the open space may be provided in balconies or decks, when all other minimum standards are met