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HomeMy WebLinkAbout1734 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW DIVISION 6 TO PART 5, CHAPTER 2, ARTICLE IX THEREOF, ESTAB- LISHING TENNIS AND PADDLE TENNIS COURT CONSTRUCTION AND OPERATION STANDARDS IN RESIDENTIAL ZONES, AND AMENDING SECTION 9292.1.4 AUTHORIZING THE GRANTING OF MODIFICATIONS FROM THOSE STANDARDS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Arcadia MUnicipal Code is hereby amended by add- ing thereto a new Division 6 to Part 5, Chapter 2, Article IX thereof to read as follows: "ARTICLE IX. CHAPTER 2. PART 5. DIVISION 6. DIVISION AND USE OF LAND ZONING REGULATIONS RESIDENTIAL ZONES TENNIS AND PADDLE TENNIS COURTS- CONSTRUCTION AND OPERA TION STANDARDS. "9256. PURPOSE. To establish construction and operation stondords and regulations for tennis and paddle tennis courts constructed in ony residential zone which are accessory to the primary residentiol use of the subject lots. Such standards and regulotions moy include but are not limited to: hours of use, type and intensity of lighting, and the height and type of windscreens. Such standards and regulations shall be such as to reasonably restrict and minimize ony detrimentol effect of the location and design and use of such courts on the occupants of adjoining properties and the neighborhood." 9256.1. DEFINITIONS. For purposes of this Division, a "tennis court" is hereby defined as a game court with an acceptoble hard surface typically divided by a low net. A "paddle tennis court" is defined as a tennis court but opproximotely one-half the standard size of a tennis court. The use of the term "tennis court" in this Division shall include "paddle tennis court" unless otherwise indicoted in the context of its use. The term "tennis court" shall include fences and overhead lighting fixtures accessory to the same. -1- 1734 res~a~ zone without filing for and receiving a tennis court permit from the Building Division. No tennis court permit shall be issued for a tennis court in a residential zone unless its use is accessory to primary residential use of a residentially-zoned lot and is to be located on said lot and conform to the require- ments of this Division. 9256.3. CONSTRUCTION AND OPERATION STANDARDS. Tennis courts, including slabs, fences and light standards which are accessory to the primary residential use on the same lot in any residential zone, shall comply with all of the following subsections: 9256.3.1. SETBACK FROM PROPERTY LINES FOR R7M, R-O, AND R-l ZONES. In the R~, R-O and R-l zones: A. Tennis courts, including slabs, fences, and light standards accessory thereto, shall be subject to the same side and front yards required for a one-story main building in the zone in which they are located. B. Courts, including slabs, fences, accessory thereto, shall be located not less from the rear lot line. and light than five standards feet (5') 9256.3.2. SETBACK FROM PROPERTY LINES FOR R-2 AND R-3 ZONES. In the R-2 and R-3 zones tennis courts, including slabs and fences, shall be subject to the same front, side, and rear yards required for a two-story building in the zone in which they are located. 9256.3.3. GRADE. The grade for a tennis court proposed on sloping terrain shall be established at the surface level of the court at the lowest elevation of the natural terrain. 9256.3.4. FENCING. A. Height. The height of any fence enclosing the tennis court shall not exceed twelve feet (12') above the finished surface of the tennis court and all portions of such fence which exeed six feet (6') above the finished surface of the court shall be open, mesh, chain link type fencing. -2- 1734 ~. VV1ndscreens. Windscreens of plostic, canvos, or similar material may be attoched to the fence enclosing 0 tennis court provided such windscreens do not extend to 0 height greater thon six feet (6') obove the finished surface of the court. ,However, where the entire tennis court is locoted twenty-five feet (25') or more from all property I ines, the windscreens may extend to the height of the court fence. 9256.3.5. LIGHTING. A. Height. Light standords shall not exceed twenty feet (20') in height, meosured from the finished surfoce of the tennis court. B. Type. Lomps shall be metal hallide type of not more than 1000 wotts eoch. Lomps sholl be horizontally mounted, rectilineor-type, sharp cutoff fi xtures. C. Number. Tennis courts shall be lighted by 0 moximum of eight (8) lomps. Poddle tennis courts shall be lighted by a maximum of four (4) lamps. D. Hours of illumination. No person or persons shall turn on, leave on, or allow to be left on or turned on, tennis court lights between 11 P.M. Sunday through Thursday, and 6 A.M. of the following day, and between 12 P.M. mid- night Friday and Saturday and 6 A.M. of the following day. " E. Intensity level. It shall be unlawful for ony person to install, use or maintain ony light facilities within the City of Arcadia which creote an intensi tyof light greoter than one (I) footcandle obove the ambient on a residentialiof "Yithin the City, other thon the lot on which the light source is located. All permitted lighting shall be so arranged as to be directed onto the property from which the light originates and not to directly reflect upon ony other residentially zoned lot. F. Agreement required. Each property owner and contractor , . install ing I ight fixtures, shall execute an agreement avoi loble at the Planning Deportment, agreeing that the tennis court lights shall be installed and shielded so that the light source shall not be visible beyond the property line and that the light intensity .shall not exceed one (I) footcandle obove ambient at the property line and that if it does, the tennis court permit issued. pursuant to this Uivision may be revokec;l by the Planning Department in oddition to other remedies ovailable -3- '1734 9256.3.6 LANDSCAPE PLAN. A landscape pion shall be submitted and approved by the Planning Deportment for the oreas between the tennis court ond adjacent properties. 9256.3.7 SOLID WALL. A six foot (6') high solid masonry wall sholl be installed on the property lines between the tennis court ond odjacent properties. In the R-J"/\, R-O ond R-I zones, where the entire side of 0 tennis court is a minimum distonce of twenty-five feet (25') from a property line, a six foot (6') high solid masonry woll shall not be required along said property line. 9256.3.8 COMMERCIAL USE PROHIBITED. A residential accessary tennis court sholl be used only by the occupants of the moin residential dwelling on the some lot. This shall not be construed to prohibit the use of the court by invited guests. However, no tennis court shall be rented nor used as a private club, nor far commercial tennis instruction of players other than occupants of the main residential dwelling on the some lot, nor used in ony woy for purely commercial purposes. 9256.3.9. MUL TIPLE-F AMIL Y ZONE OPEN SPACE. No more than thirty percent (30%) of the requirement for open space shall be devoted to tennis court development. SECTION 2. The Arcadia Municipal Code is hereby amend- ed by amending Section 9292.1.4 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 hove the authority to approve, conditionally approve or deny modificotions of the following: -4- 1734 ! \ \ I. Driveway and parking stoll size requirements. 2. Aportment unit size. 3. Building length. 4. Distance between bui Idings. 5. Usable open spoce regulotions. 6. Fence, wall and hedge regulations. 7. Sign regulations. 8. Ut i I i ty ond storage spoce requi rements. 9. Swimming pool regulations. 10. R-3 Building height regulations, provided that such regulotions, as modified, shall not permit 0 building to exceed thirty-five feet <35') in height nor two (2) stories or two (2) stories of living quorters over one (I) story of parking. II. Height of noncommercial structures. 12. Number of required porking spoces. 13. When the moximum number of units permitted in the R-2 ond R-3 zones has a fractional remainder greater than one-half, the Modificotion Committee moy allow t~e moximum number of units to be rounded off to the next highest whole number.! 141 Front, side or rear yard setbacks, provided thot 0 setbock from a street sholl be !nodified only with the unanimous approval of the Committee and a written decloration of the Director of Public Works thot the modifications, if granted, will not adversely offect any foreseeoblE! need for widening the street. 15. In the R-O First One-Family zone and the R-I Second One-Family zone for ony property with two or more one-fami Iy dwell ings which are nonconforming uses, structures or" buildings under Arcadio Municipol Code Sections 9251.1 ond 9252.1.1: (a) for five hundred (500 square feet of additionol floor area (cumulotive), including covered pati06 proposed to be added to the moin dwelling on the lot; (b) other alterations to the main dwelling which do not creote odditional space; (c) a swimming pool (d) required parking facilities for the main dwelling; provided that the application for a modification permit for subdivisions (a), (b), (c) or (d) above is accompanied by plans which provide for the removal or remodeling of 011 -5- 1734 Arcadia Municipal Code. In such a cose, the modificotion permit shall require as 0 condition of approval the removol or remodeling of 011 nonconforming uses, structures and buildings prior to or concurrent with the alteration or improvement specified in (a), (b), (c) or (d) above. (Amended by'Ord. 1665 odopted 1-16-79). 16. Tennis and Poddle Tennis Courts - Construction and Operotion Stondards. SECTION 3. 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 montha, 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 4. 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 5. If any section, subsection, sentence, clause, phrase or portion of thia 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, subaection, 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 6. 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 7. 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 (lS) days after its adoption. -6- 1734 PASSED AND ADOPTED BY THE ing held on the 1 7 t h day of CITY COUNCIL of the November, 1981. City of Arcadia at its re ATTEST: '"7/ ~~ City Clerk of the City of Arcadia I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 17th day of November, 1981, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: Councilmen Dring, Haltom, Counc ilman Saelid None Pellegrino and Gilb c....,; ~~ City Clerk ~...I~ - -7- 1734