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HomeMy WebLinkAbout1202 ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 9255.1.2, 9255.1.3 AND 9255.2.9; BY AMENDING SECTIONS 9255.1.1, 9255.1.4, 9255.1.6, 9255.1.7, 9255.1.8, 9255.1.9, 9255.2, 9255.2.1, p 9255.2.2, 9255.2.3, 9255.2.5, 9255.2.6, 9255.2.7, 9255.2.8, 9255.2.10, 9292.1 AND 9292.1.5 THEREOF; BY ADDING TO TITLE 1 OF DIVISION 5 OF PART 5 THEREOF A NEW SECTION 9255.1.10; BY ADDING TO TITLE 2 OF DIVISION 5 OF PART 5 THEREOF NEW SECTIONS 9255.2.10.1, 9255.2.10.2, 9255.2.10.3, 9255.2.11, 9255.2.12, 9255.2.13, 9255.2.14, 9255.2.15, 9255.2.16, 9255.2.17, AND 9255.2.18; BY ADDING TO DIVISION 5 OF I I PART 5 THEREOF A NEW TITLE 3 ENTITLED "PLAN PROCEDURE" CONTAINING SECTIONS 9255.3 THROUGH 9255.3.4; AND BY ADDING TO DIVISION 5 OF PART 7 THEREOF NEW SECTIONS 9275.1.28, 9275.1.29, 9275.1.30 AND 9275.1. 31. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 9255.1.2, 9255.1.3 and 9255.2.9 of Chapter 2 of Article IX of the Arcadia Municipal Code are hereby repealed. SECTION 2. That Sections 9255.1.1, 9255.1.4, 9255.1.6, 9255.l.7, 9255.1.8, 9255.1.9, 9255.2, 9255.2.1, 9255.2.2, 9255.2.3, 9255.2.5, 9255.2.6, 9255.2.7, 9255.2.8, 9255.2.10, 9292.1 and 9292.1.5 are hereby amended to read respectively as follows: 9255.1.1. APARTMENT BUILDINGS. Apartment buildings con- taining not less than two (2) dwelling units. 9255.l.4. ACCESSORY BUILDINGS AND USES. Accessory build- ings and uses necessary for and customarily incidental to any of the uses described in the preceding Sections of this Title, when located on the same lot and not involving the conduct of a business. 9255.l.6. SAME. Not more than six (6) temporary signs, not exceeding six (6) square feet each. The location of such signs shall be shown on the building plans. All such signs shall be removed prior to the issuance of a certificate of occupancy for the premises. 9255.1.7. SAME. One (l) sign of not to exceed four (4) square feet in area advertising the premises for sale, lease or rent, located not nearer than ten (lO) feet to adjoining premises nor nearer than five (5) feet to any property line. 9255.1.8. SAME. One (l) sign of not more than ten (10) square feet in area attached to and parallel with the front wall of the front main building for the sole purpose of identifying the same. -l- l202 9255.1.90 TRANSITIONAL PARKING USEo Transitional use for a public parking area'where the'side of'a 'lot in the R-3multiple family zone' abuts upon a lot zoned for commercial or industrial pur- poseso ~n'no case shall such transitional use extend further than seventy-five (75) feet from the property in the less restrictive zone nor beyond the lot which immediately abuts upon property in the less restrictive zone. 9255.2. GENERAL. The regulations set forth in this Part shall apply in the R-3 multiple family zone unless otherwise provided in this Chapter. For the purpose of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, or bathrooms, shall be deemed to be a bedroom whether so designated or not. 9255.2.10 BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed two (2) stories, or thirty- five (35) feet in height except as provided in Division 2 of Part 8 of this Chapter 0 A basement designed or used to provide only required parking space, laundry rooms, storage rooms and other incidental pur- poses other than living quarters, shall not constitute a story if no portion of the surface of the floor next above such basement, or if there be no floor above it then if the ceiling next above it, is more than" two (2) feet above the top of the street curb at any point ad- Jacent to.the lot, or if there be no curb in the street adJacent thereto, then more than two (2) feet above the established grade of the center line of the street at any point adjacent to the loto Be- yond one hundred (100) feet from the front property line the two (2) feet may be above_the,approved finished gradeo 925502020 FRONT YARD. There shall be a front yard of not less than twenty-five percent (25%) of the depth of the lot, provided such' front yard need not exceed twenty-five (25) feet. Where lots comprising sixty percent (60%) or more of the improved frontage on one side of a street between intersecting streets are developed with buildings having a front yard different than herein prescribed, the required front yard shall be the average of those having a variation of not more than six (6) feet from the standard front yard herein prescribedo Where exceptionally deep lots or exceptionally shallow lots prevail, an appropriate special front yard depth established in the manner provided for in Divisions 1 or 2 of Part 9 of this Chap- ter shall governo If a front yard depth other than that herein pre- scribed is now or may hereafter be established by Part 2 of Chapter 3 of this Article, the required front yard depths shall be as pre- scribed by such Part; provided, however, that the Modification Com- mittee on'its own motion may, if necessary to secure the appropriate improvement of a lot in relationship to the area in which it is located and the present and prospective development thereof, reduce the required front yard to a depth of not less than fifteen (15) feet in accordance with provisions of Sections 929202.4 through 92920208 of this Code. Unless permitted after proceedings pursuant to Part 9 of this Chapter, no parking spaces or parking areas, whether required or not, shall be located within the required front yard or in front of the front main bui1dingo 925502.3. SIDE YARD. There shall be a side yard on each side of every building of a width not less than one-half (~) the height of Such building, provided that the side yard need,not ex- ceed ten (10) feet. , 9255.2050 REAR YARDo There shall be a rear yard not less than ten (10) feet in width and commencing at the rear lot line, which rear yard shall be accessible to other portions of the lot and shall be landscaped and thereafter' so maintained. Garages constructed -2- 1202 completely underground may be located within such required rear yard. When the rear yard line of the property abuts only property zoned less restrictively than Zone R-l, garages or carports may occupy any portion of the required rear yard. ' 9255.2.6. LOT AREA. Every dwelling hereafter erected or structurally altered shall have a lot area of not less than two thousand (2000) square feet per family. 9255.2.7. FLOOR AREA. No one-bedroom dwelling unit shall contain less than eight hundred (800) square feet. No two-bedroom dwelling unit shall contain d~~~lf~~n eleven hundred (llOO) square feet. No three or more bedroomlunl~ shall contain less than thirteen hundred (1300) square feet. Porches, garages, entries, terraces, patios and basements shall not constitute a portion of a dwelling unit for the purpose of fulfilling any of the area requirements speci- fied in this Section. 9255.2.8. PARKING REQUIREMENTS. At least two (2) parking spaces, one of which shall be in a roofed carport or garage, shall be provided on the same site for each dwelling unit. Each such park- ing space shall contain a gross area of two hundred (200) square feet, shall be not less than ten (10) feet wide nor less than twenty (20) feet long and shall have adequate individual access including a turning radius of not less than twenty-five (25) feet. At least one (1) open parking space for service vehicles shall be provided for each building containing dwelling units. No portion of any required driveway may be used to fulfill any such parking space requirements. Every parking space, driveway and turning area and all other areas intended for vehicular use shall be paved with asphaltic or cement concrete. 9255.2.10. DRIVEWAYS. WIDTH. Each driveway to a garage or parking space shall ,be at least twelve and one-half (12t) feet wide and shall be totally unobstructed from the pavement upward. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty-five (125) feet long shall be not less than twenty (20) feet wide and shall be totally unobstructed from the pavement upward. Two (2) twelve and one-half (12t) foot driveways may be provided in lieu of one (1) twenty (20) foot driveway. Community driveways shall be permitted provided that a covenant in recordable form by its terms to be for the benefit of, enforceable by, and to be released only by the City, is'executed by the owners of all property affected thereby. The covenant shall state that such community driveway shall be useab1e by the tenants and owners of the properties proposed to be served by the driveway. Recordation of this instrument shall be completed prior to the issuance of a building permit. 9292.1. CREATION. There is hereby created a Modification committee composed of three persons, to wit: 1. . The Chairman of the Planning Commission, or such member of the Planning Commision as the Chairman may from time to time designate; , 2. The Building Official, or during his absence, disability or disqualification, his deputy so designated by him; 3. The City Manager, or during his absence, disability or disqualification, his deputy so designated by him; 9292.1.5. SAME. The Modification Committee may permit such modification of the yard, lot area, driveway, parking stall size, apartment unit size, building length and open useab1e space require- ments as may be necessary to secure an appropriate improvement of a lot, to prevent unreasonable hardship, or to promote uniformity of improvement. -3- 1202 SECTION 3. That to Title 1 of Division 5 of Part 5 of Chapter 2 of Article IX of the Arcadia Municipal Code is hereby added a new Section 9255.1.10 to read as follows: 9255.1.10. NONCONFORMING USES AND STRUCTURES. Notwith- standing the provisions of Section 9244, no building permit shall be issued for any structure and no structure shall be erected upon any property regulated by this Division unless all nonconforming uses of the property be discontinued and abandoned and a statement of com- pliance with this provision be signed by applicant for any building permit. No building permit shall be issued for any structure to be erected upon property regulated by this Division unless the plans for which building permit application is made include the removal or remodeling to conform to the provisions of this Division of all non- conforming structures and buildings on the property. SECTION 4. That to Title 2 of Division '5 of Part 5 of Chapter 2 of Article IX of the Arcadia Municipal Code are' hereby added new Sections 9235.2.l0.1,s9255.2.l0.2, 9255.2.10.3, 9255.2.11, 9255.2.12, 9255.2.13, 9255.2.14, 9255.2.15, 9255.2.16, 9255.2.17 and 9255.2.18, the same to read respectively as follows: ,9255.2.10.1. SAME. SAME. EXCEPTION. A fence or wall located at the property line may occupy not more than six (6) inches of the required driveway width, and utility poles, guy wires and anchors may be located within two (2) feet of the property line. Eaves, no portion of which are less than thirteen (13) feet above the pavement, may overhang any such driveway a distance of not more than three (3) feet. Utility pole cross-arms and utility service wires may be located not less than thirteen (13) feet in height above the paved surface of any such driveway. 9255.2.10.2. SAME. LANDSCAPED AREAS. Whenever a drive- way is located within a required side yard, a landscaped area at least five (5) feet in width shall be maintained between such drive- way and the apartment building; provided, however, that when a driveway is constructed at less than the natural grade of the lot, such five (5) foot landscaped area shall be located between the property line and such driveway. No change in natural grade result- ing from driveway construction shall result in a slope greater than one (1) foot to one (1) foot. 9255.2.l0.3. SAME. REGULATIONS. "No Parking" signs with lettering not less than two (2) incles in height shall be placed con- spicuously at the entrance to and at intervals of not less than one hundred (100) feet along every required driveway. No person shall park, stand or leave any vehicle in any portion of a required drive- way except for the purpose of and during the process of loading or unloading passengers or merchandise and only while such vehicle is attended by the operator thereof. 9255.2.ll. OPEN USEABLE SPACE. At least 400 square feet of useable open space shall be provided for each dwelling unit. Use- able open space shall mean any area designed for and to be used for outdoor living, recreation, or landscaping located on the ground or on an~~nclosed balcony, deck or porch and shall include patios and -4- 1202 deck areas of swimming pools. No portion of off-street parking space, driveways, rooftops, swimming pools, accessory buildings, required front or rear yards, side yards when any portion thereof is used for a driveway, or covered pedestrian access ways between structures or dwelling units, shall constitute useable open spaces. 9255.2.12. SAME. The minimum distance between swimming pools and other structures which have openings shall be fifteen (15) feet. 9255.2.13. PARKING. Structures used principally for parking shall not be higher than one story. 9255.2.14. LENGTH. one hundred sixty (160) feet. (15) feet of another building No building shall No building shall on the same lot. exceed'a length of be within fifteen 9255.2.15. STORAGE SPACE. Sixty (60) cubic feet of en- closed storage space shall be provided for each dwelling unit. 9255.2.16. each building for the laundry facilities. UTILITY SPACE. Space shall be provided within storage of building maintenance tools and 9255.2.17. TRASH AREAS. All outside trash and garbage collection areas shall be enclosed on at lea"t three (3) sides by a five (5) foot block wall. Provisions for adequate vehicular access to and from such areas for collection of trash and garbage shall be provided. 9255.2.18. OFF-STREET PARKING AREAS. All off-street parking areas not under cover shall be screened from adjacent prop- erties by shrubs, bushes or other approved screening devices not less than four (4) feet in height. SECTION 5. That to Division 5 of Part 5 of Chapter 2 of Article IX of the Arcadia Municipal Code is hereby added a new Title 3 entitled "Plan Procedure" containing Sections 9255.3 through 9255.3.11, the same to read as follows: ARTICLE IX. CHAPTER 2. PART 5. DIVISION 5. TITLE 3. DIVISION AND USE OF LAND ZONING REGULATIONS RESIDENTIAL ZONES R-3 MULTIPLE-FAMILY ZONE PLAN PROCEDURE 9255.3. PRELIMINARY PLANS. Prior to the submission of building plans for plan review or application for issuance of a building permit for any structure to be erected in Zone R-3, accurately dimensioned architectural drawings and plot plans for all proposed construction shall first be submitted to the Planning Department. Such plans shall show the elevation and location of all proposed buildings; the location and type of landscaping; the proposed use and treatment of the land area of the lot around such buildings and structures, including off-street parking, trees, hydrants, tele- phone poles, floodlights, driveways, fences, signs, proposed drainage facilities and any other proposed improvements required by the Plan- ning Department. -5- 1202 9255,3.1. SAME. show to scale the location areas on each lot abutting Such preliminary plans shall likewise of all structures, driveways and parking any portion of the proposed building site. 9255.3.2. PLAN REVIEW. The Planning Department shall re- view all plans submitted pursuant to the preceding Sections, and shall endorse its approval on a copy thereof if jot determines that the same comply with all of the provisions of this Division; If it determines that the plans thus submitted do not conform with one or more pro- visions of this Division, it shall endorse its disapproval thereof together with a statement of the Sections of this Division with which such plans do not conform. 9255.3.3. SAME. The Planning Department shall transmit to the Department of Public Works a copy of all such preliminary plans. The plans thus submitted shall be reviewed by the Department of Public Works and a written report thereon prepared and returned to the Plan- ning Department. The Department of Public vlorks shall evaluate such plans as to drainage, grading, curb cuts, driveways, street dedica- tions and improvements and may require additional engineering plans to be submitted and approved prior to its approval of such prelimi- nary plans. The conditions of approval of preliminary plans by the Planning Department shall include the reco~nendations of the Depart- ment of Public Works required to be made by said Department by the terms of this Section. 9255.3.4. SAME. APPEAL. Any person aggrieved by the decision of the Planning Department made pursuant to the preceding Sections may in writing appeal any such decision to the Planning Commission. Any person aggrieved by the decision of the Planning Commission on any such appeal may in writing appeal the same to the City Council. The decision of the City Council in any such appeal shall be final. The decision of the Planning Department and of the Planning Commission on any such matter shall be final unless an appeal in writing be taken therefrom within ten (10) days after written notice of any such decislon by the Planning Department or Planning Corr~ission. SECTION 6. That to Divlsion 5 of Part 7 of Chapter 2 of Article IX of the Arcadia Municipal Code are added new Sections 9275.1.28,9275.1.29,92'75.1.30 and 9275.1.3l, the same to read re- spectively as follows: 9275.1.28. SAME. Private clubs, fraternities, sorori- ties and lodges, excepting those the chief activity of which is a service customarily carried on as a business. 9275.1.29. SAME. Community buildings and libraries in any zone less restrictive than Zone R-2. 9275.l.30. SAME. Schools and churches. 9275.l.3l. SAME. Clubs. SECTION 7. The City Clerk shall certify to the adoption of this ordinance. -6- l202 I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 4th day of June , 1963, by the affirmative vote of at least three Councilmen, to wit: AYES: BALSER, BUTTERWORTH, REIBOLD and PHILLIPS NOES: TURNER ABSENT: NONE &u~;'rvxJ~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 4th day of June , 1963. dia ATTEST :.::--:, -:: /: . ..... --- . ~,.. . /7 '-;,- ~;~~ City_Clerk . ,.'- ~' ~ ~ - --:.: ,,' .J'::' (SEAL): . .' ~ ~- , . - ~. -7- 1202