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HomeMy WebLinkAbout1694 . ! ORDINANCE NO. 1694 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTIONS 9220.22.1 AND 9255.2.21 DEFINING COOPERATIVE MULTIPLE FAMILY DWELLING AND REQUIRING MASONRY WALLS IN R-3 ZONES AND AMENDING SECTIONS 9255.1, 9255.2.2, 9255.2.6, 9255.2.8, 9255,2.9, 9255.2.10, 9255.2.11, 9255.2.12, AND 9255.2.18 PERTAINING TO REGULATIONS IN THE R-3 ZONE. THE CITY COUNCIL OF THE CITY OF ARCADIA HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by adding thereto Section o22n.22.l to read as follows: "9220.22.1. DWELLING, COOPERATIVE MULTIPLE. A cooperative multiple dwelling shall mean any multiple dwelling, existing or pro- posed to be constructed, where persons possess or it is proposed persons will possess, an undivided equitable or legal, right or interest, including but not limited to shares, stock or beneficial interest in trust, in a multiple dwelling in the City of Arcadia coupled with an exclusive right or interest to possess, occupy or use one or more dwelling unit in such multiple dwelling, and shall also mean a condominium, as defined in California Civil Section 1350, and a community apartment project as defined in California Business and Professional Code Section 11004." SECTION 2. The Arcadia Municipal Code is hereby amended by amending Sections 9255.1, 9255.2.2, 9255.2.6, 9255.2.8, 9255.2.9, 9255.2.10, 9255.2.11, 9255.2.12, and 9255.2.18 to read respectively as follows: "9255.1. GENERAL. No building or land shall be used and no building shall be hereafter erected, constructed, established, or converted into a cooperative multiple dwelling except for the uses specified in the following subsections, and in compliance with the regulations of this Division 5." "9255.2.2. BUILDING HEIGHT. No building hereafter erected, constructed, or established shall exceed two (2) stories or thirty- five feet (35') in height." - 1 - 1694 :., "9255.2.6. PROJECTIONS. The following regulations shall apply to projections: A. Cornices, eaves, belt courses, sills and buttresses or other features may extend or project into a required front, rear, or side yard not more than four inches (4") for each one foot (1') of the width of such yard, provided that such projection shall not exceed a maximum of thirty-six inches (36"). B. No fire escapes or open stairways shall project into any required front. rear or side yard. C. Balconies may extend or project into a required front, rear or side yard not more than one inch (1") for each one inch (1") of the width of such yard, provided that such projection shall not exceed a maximum of sixty inches (60") nor shall such projection be closer than sixty inches (&0") from any property line. D. Trellis structures, patio covers, or awnings not exceeding eight feet (8') in height may extend or project into a required rear or side yard provided that such projection shall comply with the pro- visions of the Building Code." "9255.2.8. FLOOR AREA. Exclusive of porches, garages. entries, patios and basements, a studio dwelling unit shall combine sleeping, living, kitchen, and dining facilities into one (1) habitable room and shall contain not less than six hundred (600) square feet; a one-bedroom dwelling unit shall contain not less than eight hundred (800) square feet; a two-bedroom dwelling unit not less than eleven hundred (1,100) square feet; and a three or more bedroom dwelling unit not less than thirteen hundred (1,300) square feet." "9255.2.9. PARKING. The following regulations shall apply to parking. A. A garage with at least two (2) parking spaces shall be pro- vided and assigned to each dwelling unit, both of which shall be attached to and within fifty (50') of the said unit. All required parking spaces shall be provided with a garage door for complete enclosure. - 2 - 1694 B. Guest parking shall be provided at the rate of one (1) park- ing space for every two (2) dwelling units. When a fractional figure is found as a remainder in computations made to determine the amount of guest parking, such fraction shall be construed to be the next largest whole number. C. Structures used principally for parking shall not be higher than one (1) story. D. Each parking space shall have a clear dimension of ten feet (10') in width by twenty feet (20') in depth. E. Safe ingress and egress shall be provided for each parking space by a thirty foot (30') turning radius and/or a minimum of thirty feet (30') of back-out space directly adjacent to said parking space. F. No portion of any required driveway may be used to fulfill any such parking space requirements other than providing for ingress or egress or temporary loading and unloading. G. General storage cabinets with a minimum of sixty (60) cubic feet capacity per car space shall be provided within each garage or conveniently-located thereto and shall not interfere with the garage use for automobile parking. H. Adequate bumper guards shall be provided to protect the interior wall of garages from danage. I. Exposed parking facilities shall be screened from adjacent properties, from living and recreational-leisure areas and from adjacent streets by a five foot (5') high solid fence or masonry wall. J. A five foot (5') wide planting area shall be landscaped and so maintained between any open parking spaces and adjoining property lines or buildings. K. No parking shall be permitted within the required front yard. L. The required guest parking spaces shall be located together and shall be no greater than two-thirds the longest dimension of the property from the furthermost unit to be served. M. For projects requiring more than ten (10) guest parking spaces, said spaces may be grouped into units of five (5) or more - 3 - 1694 spaces and may be located no greater than one quarter the longest dimension of the property from the furthermost unit to be served. N. Each required guest parking space shall have a clear dimen- sion of ten feet (10') in width by twenty feet (20') in depth. O. 'Guest Parking Only' signs with letters not less than two inches (2") in height shall be properly located to designate guest parking spaces." "9255.2.10. DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Each driveway to a garage or parking space shall be at least twelve and one-half feet (12-1/2') wide and shall be totally unob- structed from the pavement upward. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty-five feet (125') long, shall be not less than twenty feet (20') wide and shall be totally unobstructed from the pavement upward. C. Two (2) twelve and one-half foot (12-1/2') driveways may be provided in lieu of one (1) twenty foot (20') driveway. D. Each driveway adjacent to a garage or parking space shall be a minimum of thirty feet (30') wide with a width of twenty feet (20') to be totally unobstructed from the pavement upward. E. Every driveway shall be paved for the required full width with asphaltic or cement concrete. All headers shall be in addition to the required width. F. 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 usable by the tenants and owners of the properties proposed to be served by the driveway. Recordation of this ~nstrument shall be complete prior to the issuance of a Building Permit. - 4 - 1694 G. A fence or wall located at the property line may occupy not more than six inches (6") of the required driveway width, and utility poles, guy wires and anchors may be located within two feet (2') of the property line. H. Eaves, no portion of which are less than thirteen feet (13') above the pavement, may overhang any such driveway a distance of not more than three feet (3 '). I. Utility pole cross-arms and utility service wires may be located not less than thirteen feet (13') in height above the paved surface of any such driveway. J. Whenever a driveway is located within a required side yard, a landscaped area at least five feet (5') in width shall be maintained between the property line and the building. K. 'No Parking' signs with letters not less than two inches (2") in height shall be placed conspicuously at the entrance to and at intervals of not less than one hundred feet (100') along every required driveway. L. No person shall park, stand or leave any vehicle in any portion of a required driveway 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." "9255.2.11. OPEN SPACE. The following regulations shall apply: A. At least two hundred (200) square feet of contiguous private open space shall be provided for each ground floor dwelling unit. When the principal means of ingress to a unit is gained through contiguous private open space, said contiguous private open space shall not be less thin two hundred thirty square feet (230). Contiguous private open space shall be enclosed on all sides by a wall, fence, dense landscaping or gates and shall be directly accessible from the unit which it serves and shall have a minimum dimension of ten feet (10'). Dwelling units without ground floor living areas shall have a private balcony or deck with a minimum area of one hundred (100) square feet which shall be directly accessible from the unit which it serves. - 5 - 1694 B. If a project contains ten (10) dwelling units or more, twenty-eight percent (28%) of the total lot area shall be in open space, in addition at least two percent (2%) of the total lot area shall be in a single common recreational/leisure area, the location of which shall be subject to the review and approval of the Planning Department. Not more than ten percent (10%) of the required open space may be in balconies or decks, provided said balconies or decks have a minimum depth of five feet (5'). C. At least fifty percent (50%) of the required open space shall be landscaped. The landscaped area shall be maintained and provided with a permanent irrigation system. II "9255.2.12. SWIMMING POOLS AND SPAS. The minimum distance between swimming pools or spas and the first floor access openings shall be as follows: A. When the diagonal dimension of a swimming pool or spa is less than nine feet (9'), said minimum distance shall be five feet (5') B. When the diagonal dimension of a swimming pool or spa is nine feet (9') or greater than, said minimum distance shall be fifteen feet (15') . " "9225.2.18. MECHANICAL EQUIPMENT. Mechanical equipment, includ- ing but not limited to heating and air conditioning devices. shall be located within the building or if mounted elsewhere, shall be screened from public view. Said mechanical equipment shall not be permitted in any required front, side, or rear yard." SECTION 3. The Arcadia Municipal Code is hereby amended by adding thereto Section 9255.2.21 to read as follows: "9255.2.21. MASONRY WALL. A solid masonry wall, the height and location of which shall be subject to the review and approval of the Planning Department, shall be constructed along interior side and rear lot lines of the project site." - 6 - 1694 SECTION 4. 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 provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 5. In addition to the penal ties 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 6. 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 com- petent 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 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 pro- visions 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. - 7 - 1694 SECTION 8 . 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 (l5) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the l8th day of March, 1980. 1979. SIGNED AND APPROVED this 18th day of March, 1980. A CJ.ty ATTEST: City Clerk of ?4.~ the c~ty of Arcadloa 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 18th day of March, 1980, ,1979, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Gilb, Parry, Pellegrino and Sae1id NOES: None ABSENT: Councilman Margett ~~ City Clerk of the City of Arcadia - 8 - 1694