SUBJECT: TEXT AMENDMENT 99-1

PURPOSE: Eliminate the maximum of two stories in the R-1, R-1A, R-2, and R-2B zones, and codify the procedure for calculating, measuring and enforcing building height requirements.

INITIATED BY THE CITY COUNCIL

 

Planning Commission Recommendation

That the City Council amend the Zoning Ordinance text as proposed in the attached Ordinance.

 

Background

At the City Council special meeting of February 29, 2000, regarding residential development standards, several proposed amendments to residential development standards were discussed and considered. The Council directed staff to proceed with the specific recommendation to eliminate number of stories and to codify height measurement methods, while the remaining issues are to be discussed at another special meeting scheduled for May 2, 2000.

The study on residential development standards was initiated and discussed by the City Council in March of 1999. At that time one of the recommendations of the Council was to eliminate the story requirements and to precisely define the method for determining and measuring building height.

At the meeting of September 21, 1999, the Planning Commission recommended amending the Zoning Ordinance to eliminate the maximum of two stories in the R-1 and R-2 zones, and to eliminate the Zoning Ordinance definitions of "story" and "basement" which are inconsistent with Uniform Building Code definitions. The recommended amendments also include text to codify the procedure for calculating, measuring and enforcing building height requirements.

 

Analysis

Sections 17.08.030, 17.10.020, 17.12.020, and 17.14.020 of the Zoning Ordinance establish the height limits for the R-1, R-1A, R-2, and R-2B zones. In each section, it also states that "any building may have a maximum of two stories."

Most buildings are built with two stories and a basement pursuant to the definition of basement and stories under the Uniform Building Code. The ground level is designed to qualify as a basement and the floors above are the first and second story. Most developers seek to maximize building area and height, and locate the primary living area at the view level. The factor that effectively guides the height and appearance of building is the building height maximum, not the number of stories. As such, under current building conditions, the story limitation does not serve any real purpose and actually is misleading and confusing.

In some cases the "story" limitation actually encourages the "artificial" raising of grades around a building to qualify the ground floor as a basement. If the two story maximum is eliminated this practice would no longer be necessary for a project to comply with Zoning requirements. Instead, a developer would have a choice to either construct a three-story building (which under the U.B.C. requires two sets of stairways), or construct a two-story building with a basement placed partially below finished grade.

In sum, the proposed amendment will eliminate the misleading "story" limitation, and eliminate inconsistency between the Zoning Ordinance and the Uniform Building Code relative to "basement" and "story". Further, while it will have no impact on the height or volume of residential buildings, it may reduce the amount of unnecessary raising of grades around the perimeter of buildings, which is sometimes done to make buildings comply with the Zoning Code story limitations.

The proposed language for calculating, measuring and enforcing building height describes the City’s current practice, which is based on the definition of building height contained in Section 17.04 of the Zoning Ordinance. Codifying this method and process will eliminate any confusion in the Zoning Ordinance and in methods used by staff. Precisely defining this method in the code will ensure consistent application of this practice.

 

ORDINANCE 00-

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ELIMINATE THE TWO STORY MAXIMUM IN THE R-1, R-1A, R-2 AND R-2B ZONES, TO ELIMINATE DEFINITIONS OF STORY AND BASEMENT, AND TO CODIFY THE PROCEDURE FOR CALCULATING, MEASURING, AND ENFORCING BUILDING HEIGHT.

 

The City Council of the City of Hermosa Beach does hereby resolve as follows:

 

Section 1 . The Planning Commission held a duly noticed public hearing on September 21, 1999, to consider amendments to the Zoning Ordinance regarding maximum number of stories, and the height measurement procedure 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 April 25, 2000, to consider the recommendation of the Planning Commission to approve the text amendments, 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. Most residential buildings are built with three levels; the ground level designed to qualify as a basement; and the floors above as the first and second story.

2. Most developers seek to maximize the building area and height, and to locate the primary living area at the view level.

3. The factor that effectively guides the height and appearance of building is the building height maximum, not the number of stories.

4. Therefore, under the current building conditions, the story limitation does not serve any real purpose and actually is misleading and confusing.

5. In some cases the "story" limitation actually encourages the "artificial" raising of grades around a building to qualify the ground floor as a basement. If the two story maximum is eliminated this practice would no longer be necessary for a project to comply with Zoning requirements, providing the option to either construct a three-story building (which under the U.B.C. requires two sets of stairways), or construct a two-story building with a basement placed partially below finished grade.

6. The proposed amendment will eliminate the misleading "story" limitation, and eliminate inconsistency between the Zoning Ordinance and the Uniform Building Code relative to "basement" and "story, and codify current practice for calculating, measuring and enforcing building height.

7. The subject text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that these modifications to the zoning ordinance may have a significant effect on the environment.

 

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 Chapter 17.08, R-1 Single-Family Residential Zone, Section 17.08.030(A) pertaining to building height, as follows:

"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 . "

2. Amend Chapter 17.10, R-1A Two Dwelling Units Per Lot Zone, Section 17.10.020(A) pertaining to building height, as follows:

"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 . " Refer to Chapter 17.22 for additional height requirements for condominiums.

3. Amend Chapter 17.12, R-2 Two -Family Residential Zone, Section 17.12.020(A) pertaining to building height, as follows:

"A. Building Height. Any building may have a maximum of two stories, but shall not exceed in any case a maximum of thirty (30) feet in height . " Refer to Chapter 17.22 for additional height requirements for condominiums.

4. Amend Chapter 17.14, R-2B Limited Multi-Family Residential Zone, Section 17.14.020(A) pertaining to building height, as follows:

"A. Building Height. Any building may have a maximum of two stories, but shall not exceed in any case a maximum of thirty (30) feet in height . " Refer to Chapter 17.22 for additional height requirements for condominiums.

5. Amend Chapter 17.04, Definitions, Section 17.04.04 to eliminate the definitions for "Basement" and "Story"

" 17.46.015 Calculating, Measuring, and Enforcing Maximum Building Height

The allowed building height is set forth in each specific zone. Determining maximum building height for any building in any zone is based on the definition for "building height" as contained in Chapter 17.04. The procedure for calculating, measuring, and enforcing building height requirements is as follows:

1. A detailed topographic survey, prepared and certified by a licensed surveyor or civil engineer, indicating all corner point elevations of a property shall be the basis for calculating building height.
2. Maximum building height at critical points of the building shall be calculated by interpolating from the elevation points indicated on the survey.
3. The maximum allowable building height shall be indicated at each critical point on the roof plan and building elevation plans.
4. The building, while under construction and at the roof framing inspection stage, shall be surveyed to determine building heights at critical points on the roof (or uppermost portion of the building) corresponding to approved plans. The survey shall be conducted and certified by a licensed surveyor or civil engineer.
5. A building height verification letter shall be submitted indicating that the building is at or below the calculated maximum building height at the critical points before the roof framing final inspection is approved by the City.
6. Alterations and expansions to existing one-story buildings not resulting in additional stories, and minor alterations to any building which are clearly below maximum height limits, may be excepted from these procedures at the discretion of the Director of the Community Development Department."

 

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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