SUBJECT: TEXT AMENDMENT 00-2

 

• PURPOSE: to clarify the definition of lot coverage
• INITIATED BY THE PLANNING COMMISSION

Recommendation

To introduce the attached ordinance to amend the definition of "lot coverage" in the Zoning Ordinance.

Background

At their meeting of February 15, 2000, the Planning Commission voted to recommend the proposed clarification of the lot coverage definition. The Planning Commission initiated this clarification to resolve a code interpretation issue presented by staff at their meeting of December 1, 1999.

The Zoning Ordinance definition of lot coverage is as follows;

"Lot coverage" includes the footprint of the building plus cantilevers and decks higher than thirty (30) inches above grade. Exceptions, not to be included when calculating lot coverage are: architectural projections, eaves, and open and unenclosed balconies that project from the face of the building, not exceeding a five-foot projection.

The definition has become an issue as builders seek to maximize building coverage on the site. City staff and builders can have differing perceptions of "footprint of the building" and "grade," which leads to different conclusions. Also, the exceptions were discussed for possible elimination in connection with the amendments being considered to residential development standards. The Commission did not find it appropriate to eliminate the exceptions, because they felt they contribute to the architecture of buildings.

Footprint is most obviously the area of the building covering the ground, but it might also be interpreted to include stairs and stair landings on grade, walkways, patios, pools, or other features which are generally on grade and not part of the building footprint . The only accessory and appurtenant structures specifically identified in the definition are "decks higher than 30 inches above grade", leaving out structures such as accessory buildings or other structures that may not have foundations (tool sheds, storage sheds), or wood or metal stair structures, which probably should be included.

The definition also does not distinguish between existing or finished grade relating to the phrase decks higher than 30 inches above grade. This can make a significant difference in determining whether a deck (or the stairs leading to it) is higher that 30 inches above grade and whether it should be included in lot coverage. In the absence of any reference to finished grade, staff has assumed that it refers to existing grade.

Further, at their meeting of June 20th the Commission interpreted the exception for " open and unenclosed balconies" to not include stacked balconies, since the top balcony covers the lower balcony. After reviewing this interpretation, the Council may consider additional language to clarify this exception.

Analysis

The Commission recommended a text amendment to the definition section of the Zoning Ordinance to clarify that "footprint of the building," includes the portion of the building with a foundation, cantilevers as specified, and other structures that cover the ground such as accessory buildings, or structural stairs (but not fences or walls). Further, the exceptions from lot coverage is proposed to be revised to clearly state that changes to finished grade as surface for stairs, patios, walkways, planters, etc . are not included in lot coverage .

The Commission also agreed that the threshold of 30" above grade, as it applies to "decks" should be clearly stated as a measurement relating to existing grade, determined the same way grade is determined for measuring building height.

In regards to the interpretation of the exception for open and unenclosed balconies the Commission interpreted that a balcony covered by another balcony is not "open and unenclosed" and thus must count towards lot coverage. This differs from past interpretations made by staff. If the Council supports the Commission’s interpretation, staff would recommend that the phrase be amended to say open, uncovered, and unenclosed balconies.

 

 

Current Text

P.C. Recommended

"Lot coverage" includes the footprint of the building plus cantilevers and decks higher than thirty (30) inches above grade. Exceptions, not to be included when calculating lot coverage are: architectural projections, eaves, and open and unenclosed balconies that project from the face of the building, not exceeding a five-foot projection

"Lot coverage" includes the footprint of all buildings on the site (footprint is the area of the building located on a foundation); cantilevers projecting from the building; the area covered by appurtenant structures such as decks and stairs if higher than 30 inches above grade as defined herein for determining building height; and accessory buildings such as garages, storage sheds, batthouses, etc. Exceptions, not to be included when calculating lot coverage are: architectural projections; eaves; open, uncovered*, and unenclosed balconies that project five feet or less from the face of the building; non structural stairs, patios, walkways, and planters which establish finished grade; and fences and walls.

* recommended added change if Council supports P.C. interpretation regarding stacked balconies.

 

 

ORDINANCE 00-

AN ORDINANCE OF CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO CLARIFY THE DEFINITION OF LOT COVERAGE

 

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

 

Section 1 . The City Council held a duly noticed public hearing on August 8, 2000, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance to amend and clarify the definition of "lot coverage."

 

Section 2 . The Planning Commission held a duly noticed public hearing on February 15, 2000, and recommended amending the Zoning Ordinance to amend and clarify the definition of "lot coverage."

 

Section 3 . Based on the evidence considered at the public hearing, and the record of the decision of the Planning Commission, the City Council makes the following finding:

 

1. The definition of lot coverage is somewhat ambiguous, allowing for differing perceptions of "footprint of the building" and "grade," which leads to different conclusions as to what part of the building and accessory structures are considered in the maximum lot coverage.

 

Section 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17-Zoning, be amended as follows:

Amend the definition of "lot coverage" as contained in Section 17.04.040 to read as follows:

"Lot coverage" includes the footprint of all buildings on the site (footprint is the area of the building located on a foundation); cantilevers projecting from the building; the area covered by appurtenant structures such as decks and stairs if higher than 30 inches above grade as defined herein for determining building height; and accessory buildings such as garages, storage sheds, batthouses, etc.

Exceptions, not to be included when calculating lot coverage are: architectural projections; eaves; open, uncovered, and unenclosed balconies that project five feet or less from the face of the building; non-structural stairs, patios, walkways, and planters which establish finished grade; and fences and walls."

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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