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Home My WebLink About1628 ORDINANCE NO. 1628 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE C-O, C-1, C-2 AND C-M SECTIONS OF THE ARCADIA MUNICIPAL CODE RELATING TO BUILDING HEIGHTS, REAR YARD AND SIDE YARD SETBACKS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Sections 9261.2.1, 9262.2.1, 9263.2.1 and 9265.2.1 of the Arcadia Municipal Code are hereby amended to read respectively as follows: "9261.2.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet (12.19 meters) in height, except as provided in Division 6 of Part 7 or in Division 2 of Part 8 of this Chapter. "9262.2.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet (12.19 meters) in height, except as provided in Division 6 of Part 7 or in Division 2 of Part 8 of this Chapter. "9263.2.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet (12.19 meters) in height, except as provided in Division 6 of Part 7 or in Division 2 of Part 8 of this Chapter. "9265.2.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet (12.19 meters) in height, except as provided in Division 6 of Part 7 or in Division 2 of Part 8 of this Chapter." SECTION 2. That Section 9261.2.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9261.2.3. SIDE YARD. There shall be a side yard on each side of every building of a width not less than three (3) feet (.92 meters); provided, however, that when such side yard abuts a - 1 - 1628 residential zone, a minimum side yard of ten (10) feet (3.05 meters) shall be maintained, except thit no portion of any structure shall encroach through a plane projected from an angle of fifty-five (55) degrees as measured at the ground level along the rear property line. For the purpose of this Section, where the rear line of the lot abuts a dedicated alley, the rear yard shall have a minimum depth of twenty (20) feet (6.10 meters), .and such rear yard and the fifty-five (55) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." SECTION 3. That Sections Code are hereby 9262.2.3 and 9263.2.3 of the amended to read respectively as Arcadia Municipal follows: "9262.2.3. SIDE YARD. No side yard shall be required; provided, however, that,when such side yard abuts a residential zone, a minimum side yard of ten (10) feet (3.05 meters) shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of fifty-five (55) degrees as measured at the ground level along the side property line adjacent to the residential zone. "9263.2.3. SIDE YARD. No side yard shall be required; provided, however, that when side yard abuts a residential zone, a minimum side yard of ten (10) feet (3.05 meters) shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of fifty-five (55) degrees as measured at the ground level along the side property line adjacent to the residential zone." SECTION 4. That Sections 9261.2.4, 9262.2.4 and 9263.2.4 I of the Arcadia Municipal Code are hereby amended to read respectively as follows: "9261.2.4. REAR YARD. There shall be on ev.ery lot or parcel of land, a rear yard having a minimum depth of twenty (20) feet - 2 - 1628 ,..\' (6.10 meters): provided, however, that no portion of anr structure shall encroach through a plane projected from an angle of fifty- five (55) degrees as measured at the ground level along the rear property line. For the purpose of this Section, where the rear line of the lot abuts a dedicated alley, the rear yard shall have a minimum depth of twenty (20) feet (6.10 meters), and such rear yard and the fifty-five (55) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley. "9262.2.4. REAR YARD. There shall be on every lot or parcel of land, a rear yard having a minimum deptn of twenty (20) feet (6.10 meters): provided, however, that no portion of any structure shall encroach through a plane projected from an angle of fifty-five (55) degrees as measured at the ground level along the rear property line. For the purpose of this Section, where the rear line of the lot abuts a dedicated alley, the rear yard shall have a minimum depth of twenty (20) feet (6.10 meters), and such rear yard and the fifty-five (55) degree angle of afore described plane may be measured at the ground level along the center line of said alley. "9263.2.4. REAR YARD. There shall be on every lot or parcel of land, a rear yard having a minimum depth of twenty (20) feet (6.10 meters): provided, however, that no portion of any structure shall encroach through a plane projected from an angle of fifty-five (55) degrees as measured at the ground level along the rear property line. For the purpose of this Section, where the rear line of the lot abuts a dedicated alley, the rear yard shall have a minimum depth of twenty (20) feet (6.10 meters), and such rear yard and the fifty-five (55) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." - 3 - 1628 SECTION 5. That Section 9261.2.5 of the Arcadia Municipal Code is hereby repealed. SECTION 6. If any sect ion, subs'ection, sentence, clause, phrase or portion of thIs ordinance is, for any re~son, held to be invalid or unconstitutional by the decision of any court of compe- tent 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 7. Neither the adoption of this ordinance nor the repeal hereb~ of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effectiv~ 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 provlslons 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 8. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be publi~hed in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. * * * * - 4 - 1628 ... PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 2nd da~ of Ma~, 1978. SIGNED AND APPROVED this 2nd day of May, 1978. ATTEST: &di~~ ~"-M.-f~ CITY CLERK, CHRISTINE VAN MAANEN I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Aicadia, California, held on the 2nd 'da~ of May, 1978, by the affirmative vote of at least three Council Members. AYES: . Council Members Gi1b, Margett, Parry, Pellegrino and Saelid None None None NOES: ABSTAIN: ABSENT: tIh~~Z 5;tLd4LtWV CITY CLERK, CHRISTINE VAN MAANEN . :.~I .. .- 5 - 1628 ' ~. J - ~ ~/ " .---'l :' _ / - ------- -',