Subject: Introduction of the Ordinance Amending Open Space Requirements in the R-2, R-2B, and R-3 Zones, and Clarifying the Guest Parking Requirement for Multi-Family Uses.

The attached ordinance includes the City Council text amendments as approved at the meetings of May 2 and September 26, 2000.

On May 2, 2000 the Council approved the recommendation to require that the location of shared guest parking in multi-family projects be "open and accessible to all units." This amendment is to prevent the use of tandem parking that is accessible to only one unit to count as a shared guest parking space.

On September 26, 2000 the Council approved the recommended text amendments to open space requirements in the R-2, R-2B and R-3 zones. This amendment eliminates the different requirements for condominiums and other projects, requiring 300 square feet of open space per unit in all cases, and limits the amount of qualifying open space on roof decks to 100 square feet per unit.

 

ORDINANCE 00-

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 order 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 hearing, 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.

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 floor 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. Eliminate Section 17.22.060(E) pertaining to recreation space requirement for condominiums, as follows:

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    day of              , 2000, by the following vote:

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