|
|
 City of Hermosa Beach --- 11-24-98
SUBJECT: TEXT AMENDMENT 98-3
PURPOSE: TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED.
INITIATED BY STAFF
Planning Commission Recommendation To introduce the attached amendment to the Zoning Ordinance as it pertains to stairway encroachment into required yards.
Background At their meeting of October 20, 1998, the Planning Commission recommended approval of the subject text amendment.
Many older buildings are constructed with the main living area above grade or on the second level, and entered from an exterior wooden stairway. Though legally constructed at the time, these stairs are located in required yards, and thus are considered "nonconforming.". Often these stairs provide the only access to a dwelling unit. Also, because they are constructed of wood and located on or near a property line, they may not comply with the fire safety requirements of the Uniform Building Code (U.B.C.)
The amendment was initiated to resolve a frequently occurring problem of these nonconforming stairs deteriorating beyond simple repair, and which are in need of complete reconstruction. While limited repair is allowed under the nonconforming provisions of the Zoning Ordinance and the U.B.C., in most cases major repair or complete replacement would be the safest and best option. However, it may not be possible to comply with the yard requirements of the Zoning Ordinance (as no other location on the lot is available), or the width requirements of the U.B.C., in order to build a new stairway.
Analysis The proposed amendment would resolves the above noted problem by allowing existing stairs located in required yards to be maintained and repaired, and in certain situations to be completely replaced if in compliance with the U.B.C. Replacement of nonconforming stairs is limited to situations where the stair provides legally required access and no other reasonable location is available that does not require major reconfiguration or alteration of the structure.
In order to make the amendment more useful and applicable, the Commission further is recommending that reconstruction also be allowed where stairs cannot be constructed to meet the 3-foot width requirements of the U.B.C, since many existing stairs are located in nonconforming yards of less than 3-feet. However, no exception would be granted to other U.B.C. requirements relating to the use of non-combustible materials, handrails, guardrails, tread depth and riser requirements.
Without the proposed exception, major and costly remodeling of many existing structures would be necessary to replace access to dwellings which may be lost because of a deteriorated or damaged stair. For example, a portion of the building may have to altered or removed to provide a stair to comply with current yard requirements, or the interior would have to be partially gutted to provide interior stair access. Further, without this exception there is no incentive to fully replace older exterior stairs with safer non-combustible stairs.
Return to Home Page | Return to Agenda | Top of Page
Zoning Ordinance Text Amendment Regarding Stairway Encroachment into Required Yards
Return to Home Page | Return to Agenda | Top of Page
ORDINANCE 98-
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 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:
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 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 steps uncovered leading from grade to the first floor level only 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
C. Existing nonconforming stairs: Existing legally permitted stairways that encroach into required yard areas, and which provide legally required access to existing legal dwelling units, shall be considered to legally encroach into required yard areas, and may be maintained and repaired. Said stairway may also be fully reconstructed as allowed under Section 17.52.020 as maintenance and 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 of non-combustible material in conformance with the Uniform Building Code 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 exceed 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 24th day of November, 1998, by the following vote:
Return to Home Page | Return to Agenda | Top of Page
|
||||
|
|
|||||