Loading...
HomeMy WebLinkAbout1760 JEFFECTlVE ;1-q ~ r 3 . , ORDINANCE NO. 1760 AN ORDINANCE OF THE CITY COUNCIL AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 2, PART 6 AND SECTION 9292.l.4 THEREOF PERTAINING TO SIDE YARDS, REAR YARDS, WINDOW OPENINGS, BALCONIES, DECKS, OPEN STAIRWAYS AND MODIFICATION PROCE- DURES THEREFOR IN THE VARIOUS COMMERCIAL.ZONES THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the Arcadia Municipal Code is hereby amended by amending Section 9261.2.3 thereof to read as follows: "9261. 2.3. SIDE YARD. There shall be a side yard on each of every building in accordance with the following: a. Where the side property line abuts commercial or industrial zoned property, a minimum side yard of three (3l feet shall be maintained. b. Where the side property line abuts a dedicated alley which separates such side' property line from abutting commercial or industrial zoned property, no side yard set back shall be required. c. Where the side property line abuts residential zoned property, a minimum side yard setback of ten (lOl feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of forty-five (45l degrees as measured at the ground level along the side property ,line. d. Where the side property line abuts a dedicated alley which separates such side property line from abutting residential zoned property, the side yard shall have a minimum depth of ten (lOl feet, shall be measured from center line of said alley and the forty-five (45) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." SECTION 2. That the Arcadia Municipal Code is hereby amended by amending Section 9261.2.4 thereof to read as follows: -1- 1760 "926l.2.4. REAR YARD. There shall be on every lot or parcel of land a rear yard in accordance with the following: a. Where the rear property line abuts commercial or industrial zoned property, a minimum rear yard set- back of twenty (20l feet shall be maintained. b. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting commercial or industrial zoned property, the rear yard shall have a minimum depth of twenty (20l feet, and such rear yard may be measured at the ground level from the center line of said alley. c. Where the rear property line abuts residential zoned property a minimum rear yard setback of twenty (20l feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of forty-five (45) degrees as measured at the ground level along the rear property line. d. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting residential zoned property, the rear yard shall have a minimum depth of twenty (20) feet, shall be measured from the center line of said alley and the forty-five (45) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." SECTION .3. That the Arcadia Municipal Code is hereby amended by amending Section 926l.2.5 there of to read as follows: "926l.2.5. WINDOW OPENINGS, BALCONIES, DECKS, OPEN STAIRWAYS, ELEVATED WALKWAYS. No window openings, balconies, decks, open stairways, or elevated walkways shall be permitted facing abutting residentially zoned property. EXCEPTION. The aforementioned limitation shall not apply to window areas which are located more than six feet six inches (6'-6"l above the floor level or to fixed translucent areas." -2- 1760 SECTION 4. That the Arcadia Municipal Code is hereby amended by amending Section 9262.2.3 thereof to read as follows:- "9262.2.3. SIDE YARD. There shall be a side yard on each side of every building in accordance with the fOllowing: a. Where the side property line abuts commercial or industrial zoned property or where the side property line abuts a dedicated alley which separates such side property line from abutting commercial or industrial zoned property, no side yard setback shall be required. b. Where the side property line abuts residential zoned property a minimum side yard setback of ten (lOl feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of forty-five (45) degrees as measured at the ground level along the side property line. c. Where the side property line abuts a dedicated alley which separates such side property line from abutting residential zoned property, the side yard shall have a minimum depth of ten (10) feet, shall be measured from the center line of said alley and the forty-five (45) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." SECTION 5. That the Arcadia Municipal Code is hereby amended by amending Section 9262.2.4 thereof to read as follows: "9262.2.4. REAR YARD. There shall be on every lot or parcel of land a rear yard in accordance with the following: a. Where the rear property line abuts commercial or industrial zoned property, a minimum rear yard set- back of twenty (20) feet shall be maintained. b. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting commercial or industrial zoned property, the rear yard shall have a minimum depth of twenty (20) feet, and such rear yard may be measured at the ground -3- l76U level from the center line of said alley. c. Where the rear property line abuts residential zoned property a minimum rear yard setback of twenty (20) feet shall be maintained, except that no portion of any structure shall encroach through a plane pro- jected from an angle of forty-five (45l degrees as measured at the ground level along the rear property line. d. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting residential zoned property, the rear yard shall have a minimum depth of twenty (20) feet, and such rear yard and the forty-five (45) degree angle of aforedes- cribed plane may be measured at the ground level along the center line of said alley." SECTION 6. That the Arcadia Municipal Code is hereby amended by amending Section 9262.2.5 thereof to read as follows: "9262.2.5. WINDOW OPENINGS, BALCONIES, DECKS,. OPEN STAIRWAYS, ELEVATED WALKWAYS. No window openings, balconies, decks, open stairways, or elevated walkways shall be permitted facing abutting residentially zoned property. EXCEPTION. The aforementioned limitation shall not apply to window areas which are located more than six feet six inches (6'-6") above the floor level or to fixed translucent areas." SECTION 7. That the Arcadia Municipal Code is hereby amended by amending Section 9263.2.3 thereof to read as follows: "9263.2.3. SIDE YARD. There shall be a side yard on each side of every building in accordance with the following: a. Where the side property line abuts commercial or industrial zoned property, or where the side property line abuts a dedicated alley which separates such side property line from abutting commercial or industrial ~oned property, no side yard setback shall be required. -4- 1760 b. Where the side property line abuts residential zoned property a minimum side yard setback of ten (lOl feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of forty-five (45) degrees as measured at the ground level along the side property line.. c. Where the side property line abuts a dedicated alley which separates such side property line from abutting residential zoned property, the side yard shall have a minimum depth of ten (lOl feet, shall be measured from the center line of said alley and the forty-five (45) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." SECTION 8. That the Arcadia Municipal Code is hereby amended by amending Section 9263.2.4 thereof to read as follows: "9263.2.4. REAR YARD. There shall be on every lot or parcel of land a rear yard in accordance with the following: a. Where the rear property line abuts commercial or industrial zoned property, a minimum rear yard set- back of twenty (20l feet shall be maintained. b. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting commercial or industrial zoned property, the rear yard shall have a minimum depth of twenty (20l feet and such rear yard may be measured at the ground level from the center line of said alley. c. Where the rear property line abuts residential zoned property a minimum rear yard setback of twenty (20) feet shall be maintained, except .that no portion of any structure shall encroach through a plane projected from an angle of forty-five (45) degrees as measured at the ground level along the rear property line. -5- 1760 d. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting residential zoned property, the rear yard shall have a minimum depth of twenty (20) feet shall be mea- sured from the center line of said alley and the forty- five (45) degree angle of aforedescribed plane may be measured at the ground level alonq the center line of said alley." SECTION 9. That the Arcadia Municipal Code is hereby amended by amending Section 9263.2.6 thereof to read as follows: "9263.2.6. WINDOW OPENINGS, BALCONIES, DECKS, OPEN STAIR- WAYS, ELEVATED WALKWAYS. No window openings, balconies, decks, open stairways, or elevated walkways shall be permitted facing abutting residentially zoned property. EXCEPTION. The aforementioned limitation shall not apply to window areas which are located more than six feet six inches (6'-6") above the floor level or to fixed translucent areas." SECTION 10. That'the Arcadia Municipal Code is hereby amended by amending Section 9265.2.4 thereof to read as follows: "9265.2.4. WINDOW OPENINGS, BALCONIES, DECKS, OPEN STAIR- WAYS, ELEVATED WALKWAYS. No window openings, balconies, decks, open stairways, or elevated walkways shall be permitted facing abutting residentially zoned property. , EXCEPTION. The aforementioned limitation shall not apply to window areas which are located more than six feet six inches (6'-6") above the floor level or to fixed translucent areas." SECTION 11. That the Arcadia Municipal Code is hereby amended by amending Section 9292.1.4 thereof to read as follows: "9292.1.4. AUTHORITY. In order to Secure an appropriate improvement, prevent unreasonable hardship or to promote uniformity of development, the Modification Committee shall have the authority to approve, conditionally approve or deny modifications of the following~ -6- 1760 1. Driveway and parking stall size requirements. 2. Apartment unit size. 3. Building length. 4. Distance between buildings. 5. Usable open space regulations. 6. Fence, wall and hedge regulations. 7. Sign regulations. 8. Utility and storage space requirements. 9. Swimming pool regulations. lO. R-3 building height regulations, provided that such regulations, as modified, shall not permit a building to exceed thirty-five feet (35') in height nor two (2l stories or two (2l stories of living quarters over one (ll story of parking. 11. Height of noncommercial structures. l2. Number of required parking spaces. 13. When the maximum number of units permitted in the R-2. and R-3 zones has a fractional remainder greater than one half, the. Modification Committee may allow the maximum number of units to be rounded off to the next highest whole number. 14. Front, side or rear yard setbacks, provided that a setback from a street shall be modified only' with the unanimous approval of the Committee and a written declaration of the Director of Public Works that the modification, if granted, will not adversely affect any foreseeable need for widening the street. 15. In the R-O First One-Family zone and the R-l Second One-Family zone for any property with two or more one-family dwellings which are nonconforming uses, structures or buildings under Arcadia Municipal Code Sections 925l.l and 925~.l.1: (a) for five hundred (500) square feet of additional floor area (cumulativel, including covered patios proposed to be added to the main dwelling on the lot; (bl other alterations to the main dwelling which do not create additional space; (c) a swimming pool; (d) required parking facilities for the maln dwelling; -7- 1760 provided that the application for a modification permit for sub- divisions (al, (b), (c) or (d), above, is accompanied by plans which provide for the removal or remodeling of all nonconforming uses, structures and buildings to conform .to the provisions of the Arcadia Municipal Code. In such a case, the modification permit shall require as a condition of approval, the removal or remodeling .of all nonconforming uses, structures and buildings prior to or concurrent with the alteration or improvement specified in (al, (bl, (cl or (dl, above. 16. Tennis and Paddle Tennis Courts - Construction and Operation Standards. 17. Window Openings, balconies, decks and open stairways under Sections 926l.2.5, 9262.2.5, 9263.2.6 and 9265.2.4 of the Arcadia Municipal Code." -8- l760 SECTION l2. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any pro- vision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 13. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and'each day such condition continues shall be regarded as a new and separate offense. SECTION l4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 15. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 16. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. ' PASSED AND ing held on the ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meet- 4th day of January, 1983. ~ _. ~-:'--~:.I:'1";.:.."". I HEREBY CERTIFY that the-'f.9re~Oi;:;=g~6i~j:pa;e( was adopted at a regular meeting of the City Council of the City of.)Arc.,!Q.t~,: Cali,fo'~a, held on the 4th day of January, 1983, by the affirmative vote of at 'least::';three-Councilmen , to wit: "'~ '-.;-'- ~ / ~~~:cilmen Dring'~a?{Hannah & Lo~'eSki ~ Councilman Pellegrino '. r A A __ A _ / -~~ ~_.~ City Clerk , -', -"'--. Y'" --~.,- I~~ Mayor Pro ,. . '#.J/. .,'":, ----... or .I.; . ,< -=-- --- -."..... ,~ . the City of Arcadia AYES: NOES: ABSENT: -9- l760