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HomeMy WebLinkAbout1597 ORDINANCE NO. 1597 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW SECTION 9231.19 TO ARTICLE IX, CHAPTER 2, PART 3, DIVISION 1, THEREOF, BY AMENDING SECTION 9233 THEREOF AND BY ADDING TO PART 5 THEREOF, DIVISION 0, ENTITLED "R-M RESIDENTIAL MOUN- TAINOUS SINGLE FAMILY ZONE", IN ORDER TO ESTABLISH AN R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE, TO SET FORTH PURPOSES THEREFOR, USES ALLOWED THEREUNDER, DEVELOPMENT AND DESIGN REGULATIONS AND A DEVELOPMENT PERMIT THEREFOR THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. amended by adding a That the Arcadia Municipal Code is new Section 9231.19 to Article IX, hereby Chapter 2, Part 3, Division 1, thereto to read as follows: "9231.19. R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE" SECTION 2. That Section 9233 of the Arcadia Municipal Code is hereby amended by adding to the Table of Zone Classification Symbols immediately preceding the R-O symbol the following: "R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE" SECTION 3. The Arcadia Municipal Code is hereby amended by adding Division 0 to Article IX, Chapter 2/ Part 5, to read as follows: "ARTICLE IX. CHAPTER 2. PART 5. DIVISION O. TITLE 1. DIVISION AND USE OF LAND ZONING REGULATIONS RESIDENTIAL ZONES R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE PURPOSE 9250.1 PURPOSE. The City of Arcadia finds and declares that it is necessary to adopt this Division to promote the public hea1th, safety, and general welfare of the City as they relate to the hillside and valley areas of the City. Where this Division is in conflict with any other city ordinance, the most restrictive shall apply. ARTICLE IX. CHAPTER 2. PART 5. DIVISION O. TITLE 2. DIVISION AND USE OF LAND ZONING REGULATIONS RESIDENTIAL ZONES R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE USES PERMITTED -1- 1597 9250.2. GENERAL. No building or land shall be used and no building shall hereafter be erected, constructed or established ln a R-M Residential Mountainous Single Family Zone except for the uses specified in the following subsections with an approved deve- lopment permit as required by this Division. 9250.2.1 SINGLE-FAMILY DWELLINGS. One (1) single-family dwelling of a permanent character and placed in a permanent location containing not less than one hundred and ten (110) square meters (1,184 square feet) of floor area, exclusive of porches, garages, entries, patios and basements; private garages; accessory buildings and carports. 9250.2.2. CROPS. Private flower greenhouses and horticultural collections fruit trees and nut trees. and vegetable (grown in the gardens; ground) , 9250.2.3. SMALL ANIMAL AND FOWLS. The raising or keeping for domestic, non-commercial use of not to exceed a total of ten (10) fowl or birds; the raising or keeping of racing homing pigeons under such regulations as may be imposed elsewhere in the Code; and total of not to exceed five (5) small animals (and the offspring of each thereof until such offspring is capable of being raised or maintained separately from and independently of full grown members of the same species); provided that the keeping of all poultry and small animals provided for herein shall conform to other provisions of law governing same. 9250.2.4. SIGNS. No signs, sign structures or sign devices of any character shall be permitted in any R-M Residential Mountain- ous Single Family Zone, except unlighted signs as hereinafter in this Title specified. 9250.2.4.1. Identification Signs. Each dwelling unit shall have its street number posted so as to be easily seen from the street. One sign of not to exceed one-tenth (.1) square meter (1 square foot) in area and containing only the name of the occupant shall be allowed. 9250.2.4.2. Temporary Signs. The following signs shall be permitted on a temporary basis only and shall be located at least -2- 1597 three (3) meters (9.8 feet) from adjoining premises and at least one and five-tenths (1.5) meters (4.9 feet) from a paved roadway, provided that where any sidewalk exists, the location shall be at least one (1) meter (39.4 inches) from the sidewalk in the direc- tion of the residence. 'If a wall or hedge prevents a sign from being located as provided in this Division, the sign may be placed immediately adjacent to the wall or hedge. 9250.2.4.2.1. SAME. One (I) sign not to exceed one (1) meter (39.4 inches) in height nor four-tenths (.4) square meters (4 square feet) in area per face for the purpose of advertising the property for sale, lease or rent, except corner property may have two (2) such signs. In lieu of such sign, one (1) sign not exceeding four-tenths (.4) square meters (4 square feet) in area per facer may be mounted on a decorative post and arm not exceeding one and eight-tenths (1.8) meters (6 feet) in height and of a design approved by the Planning Department. 9250.2.4.2.2. SAME. Under each "For Sale" sign, three (3) smaller signs not to exceed fifteen and two-tenths (15.2) centimeters by sixty-one (61) centimeters (6 inches by 24 inches) may be placed on the sign support. 9250.2.4.2.3. SAME. One (1) directional arrow-type sign not to exceed thirty and five-tenths (30.5) centimeters by sixty-one (61) centimeters (1 foot by 2 feet) pointing to the premises for sa1e, lease or rent. The sign may contain the words "Open House". 9250.2.4.2.4. SAME. Where property is located on a cul-de-sac, one (1) directional arrow-type sign not to exceed thirty and five- tenths (30.5) centimeters by sixty-one (61) centimeters (1 foot by 2 feet) may be placed on private property located at the next through street intersection pointing toward the "Open House" during daylight hours. This sign shall only be permitted if: (1) the owner of said property consents to such use of his property, and (2) the house offered for sale is open and attended by the owner or an authorized representative of the owner during any time the sign is in place. 9250.2.4.2.5. SAME. Advertising copy may be placed on both sides of "For Sale" and arrow-type signs. -3- 1597 9250.2.4.2.6. SAME. Two (2) temporary signs each not to exceed two and nine-tenths (2.9) square meters (32 square feet) in area per face, advertising the property for sale, erected and main- tained in a new subdivision during the period an active sales campaign is being conducted for such subdivision but in no event for a period longer than six (6) months. 9250.2.4.2.7. SAME. One temporary sign of not to exceed two and two-tenths (2.2) square meters (4 square feet) in area per face giving the names of the contractors, engineers and architects during the period of construction on the premises. 9250.2.5. ACCESSORY LIVING QUARTERS PROHIBITED. No acces- sory living quarters shall be permitted in the R-M Residential Mountainous Single Family Zone. ARTICLE IX. DIVISION AND USE OF LAND CHAPTER 2. ZONING REGULATIONS PART 5. RESIDENTIAL ZONES DIVISION O. R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE TITLE 3. DEVELOPMENT REGULATIONS 9250.3. GENERAL. The regulations set forth in this Title shall apply in the R-M Residential Mountainous Single Family Zone unless otherwise provided in this Chapter. 9250.3.1. BUILDING HEIGHT. No building or structure shall exceed ten (10) meters (32.8 feet) in height. Height shall be de- termined by an average of the mean height of all sides of the building measured from the finish grade at the exterior wall line. 9250.3.2. FRONT YARD. There shall be a front yard of not less than eight (8) meters (26.3 feet). 9250.3.3. SIDE YARD. There shall be a side yard on each side of a building of not less than three (3) meters (9.8 feet). 9250.3.4. REAR YARD. There shall be a rear yard of not less than eight (8) meters (26 feet). 9250.3.5. ACCESSORY BUILDINGS. A. Accessory buildings shall be located not less than three ( 3) meters (9.8 feet) from the rear lot line. B. Accessory buildings shall be located not less than three ( 3) meters (9.8 feet) from a side lot line. -4- 1597 c. On corner and reverse corner lots, accessory buildings shall be located not less than six (6) meters (19.7 feet) from the street side lot line. D. Accessory buildings shall not occupy more than twenty- five percent (25%) of a required rear yard. E. Accessory buildings shall not exceed fifty percent (50%) of the floor area of the main building. F. Accessory buildings shall not be located less than three (3) meters (9.8 feet) of another building. G. Accessory buildings shall not exceed five (5) meters (16.4 feet) in height. Height shall be determined by an average of the mean height of all sides of the building measured from the finish grade at the exterior wall line. H. Accessory buildings shall not contain more than one story. 9250.3.6. PARKING. A. At least two (2) covered off-street parking spaces measuring not less than three (3) meters by six (6) meters (9.8 feet by 19.7 feet) each with adequate individual access shall be provided for each dwelling unit. B. A garage or carport opening directly upon a side street shall be located not less than six (6) meters (19.7 feet) from the street side lot line. C. The required off-street parking area shall be paved. 9250.3.7. DRIVEWAY. A. A paved driveway shall be provided to the required parking areas. B. Said driveway shall have not less than three (3) meters (9.8 feet) of unobstructed vertical clearance. C. Said driveway shall not exceed a maximum slope of ten percent (10%). 9250.3.8. LANDSCAPING REQUIREMENTS. All cut or fill slopes exceeding two (2) meters (6.6 feet) in vertical height be- tween two or more contiguous lots shall be planted with adequate plant material to protect the slope against erosion. Said planting -5- 1597 shall cover the bank within two years from the time of planting. The permittee, owner or developer shall water the planted slopes at sufficient time intervals to promote growth. 9250.3.9. MAINTENANCE. The owner of any property, or any other person or agent in control of such property, on which lS located any retaining walls, cribbing, drainage structures, planted slopes and other protective devices, required pursuant to a permit granted under this Division or required pursuant to the issuance of a grading permit, shall maintain said retaining walls, cribbing, drainage structures, planted slopes and other protective devices In good condition and repair at all times. ARTICLE IX. DIVISION AND USE OF LAND CHAPTER 2. ZONING REGULATIONS PART 5. RESIDENTIAL ZONES DIVISION O. R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE TITLE 4. DESIGN REGULATIONS 9250.4. GENERAL. The regulations set forth in this Title shall apply in the R-M Residential Mountainous Single Family Zone unless otherwise provided in this Chapter. 9250.4.1. DESIGN OF LOTS. A. Each lot shall contain not less than one thousand, three hundred and eighty (1,380) square meters (15,000 square feet). B. Each lot shall have a minimum of thirty (30) meters (98.4 feet) of street frontager unless said lot is situated on a cul-de-sac terminus in which case each lot shall have a minimum of fourteen (14) meters (45.9 feet) of street frontage. 9250.4.2. DESIGN OF STREETS. A. Each street shall have a minimum right-of-way of fifteen (15) meters (49.2 feet). B. Curb-to-curb width shall not be less than eleven (11) meters (36.1 feet). C. Cul-de-sac streets shall not exceed ninety-two (92) meters (301.8 feet) in length. D. Maximum grade of streets shall not exceed six percent (6%) provided, however, that the maximum grade of transition roads shall not exceed ten percent (10%), and further provided that no -6- 1597 meters from the entrance to or exit from any existing or proposed driveway unless that portion of the transition road within the sixty (60) meter radius has a grade that does not exceed six per- cent (6%). For purposes of this section, a transition road is defined as a street or part of a street which is at least five hundred (500) meters (1640.5 feet) in length, and on which driveway access to any lot is at least five hundred (500) meters (1640.5 feet) from any other such driveway access or the intersection of any other street. E. Roads for automobi1es, trucks, buses or motorcycles shall not be developed except upon the securing of an approved development permit required by this Division. The City shall not grant approval except upon finding that the proposed design will be compatible with the terrain. The use of all private roads which roads are in existence on September 16, 1977 and nonconforming with this Division, and which have been established without prior ap- provals, shall be terminated and said roads shall be returned to natural terrain unless given approval in accordance with the pro- visions set forth in this Division. The use of fire breaks and fire access roads shall be subject to the review and approval of the Fire Departmen t. 9250.4.3. MODIFICATIONS. The City Council, in the exercise of sound reasonable judgment and by express findings entered in the Council minutes that proof of necessity has been presented that a modification to the requirements of this title is necessary by reason of the size, shape, topography, or other conditions of the property or of adjacent property, may, by majority vote, grant such modifications to this title as are not in violation of the Subdivision Map Act, and as are not inconsistent with the General Plan. ARTICLE IX. DIVISION AND USE OF LAND CHAPTER 2. ZONING REGULATIONS PART 5. RESIDENTIAL ZONES DIVISION O. R-M RESIDENTIAL MOUNTAINOUS SINGLE FAMILY ZONE TITLE 5. DEVELOPMENT PERMIT 9250.5 DEVELOPMENT PERMIT REQUIRED. No person shall grade, excavate or fill in the R-M Residential Mountainous Single Family Zone without a development permit from the Planning Commission if such grading, excavating or filling will result in anyone of the following: -7- 1597 A. of fifteen B. An excavation, fill or combination thereof In excess (15) cubic meters (11.5 cubic yards). Any other excavation or fill which requires a grading permit. 9250.5.1. A separate development permit is required for each separate noncontiguous site (parcel map or tract map) . 9250.5.2. FILING APPLICATION. An application for a develop- ment permit shall be filed with the Director of Planning by one or / / ./' / / L- -7A- 1597 more record owners of property or their authorized agents. In order for an application for a development permit to be considered as "filed," all information required by the Director of Planning must be complete and accepted by the Director of Planning. In the event that the Director of Planning determines that additional in- formation is required for the preparation of environmental docu- ments, the filing of the application for a development permit shall be deemed to be incomplete until said information has been provided to the Director of Planning. In the event that the Di- rector of Planning determines within 30 days that an environmental impact report is required, the filing of the application shall be deemed to be incomplete until the draft of said report has been prepared. 9250.5.3. CONTENTS OF APPLICATION. Every application for a development permit shall contain all of the following information: A. The legal description of the property on which the work is to be performed. B. The name and address and phone number of the owner of the property. C. The street address at the point of access to the property where the work is to be performed. D. The purpose of the work, and a statement as to whether the purpose of the excavation is to prepare the site for a subdivi- sion under the State Subdivision Map Act. E. The estimated amount of material proposed to be exca- vated and the estimated amount of fill in cubic meters (cubic yards) and the general nature of fill. F. If materials are to be removed from the site, a statement of their destination, proposed route of travel and approximate time needed. G. A report of an engineering geological investigation per- formed by a registered engineer and registered geologist, based on the plan for the work proposed under the permit. The engineering and geological report shall include an adequate description of the -8- 1597 geology of the site and conclusions and recommendations regarding the effect of the geologic conditions, including consideration of seismic hazards and slope stability in natural materials on the proposed development. All reports shall be subject to approval by the City Engineer, and supplemental reports and data may be re- quired as the City Engineer may deem necessary. Recommendations included in the report and approved by the City Engineer shall be incorporated in the grading plan. These requirements may be waived by the City Engineer when it appears from the conditions of the property that such a report is not necessary. H. Scale plans or drawings to show all of the following: 1. Property lines of the property on which the work is to be performed. 2. Location of any existing buildings, swimming pools or other structures on the property where the work is to be performed, and the location of any existing building or struc- ture on land of adjacent property owners which is within five (5) meters (16.4 feet) of the property on which the work is to be performed. 3. Contour maps, cross sections or other means showing elevations, dimensions, location, extent and the slopes of all work (including proposed roads, pads, etc.) proposed to be done, and showing existing contours of the land. 4. Preliminary plans showing the locations and extent of all walls, cribs, drains, dams, erosion control planting or other protective devices proposed to be constructed in connec- tion with, or as a part of, the proposed work. 5. A map showing the drainage area and estimated cubic meters per second runoff of the area served by any drain. 6. Preliminary plans showing the areas proposed to be landscaped and irrigated and listing planting materials pro- posed to be utilized. 7. Preliminary plans showing proposed accessways and/or easements for fire equipment access. -9- 1597 9250.5.4. In special circumstances, the Director may re- quire further applicable information in the form of plans, drawings, scaled model or other information as necessary to present the ap- plication for the review and/or appropriate action of the Planning Commission and City Council. 9250.5.5. Environmental documents will be prepared con- sistent with the requirements of the California Environmental Quality Act and City of Arcadia. 9250.5.6. FILING FEE. Before accepting for filing any application for a development permit, the City shall, for the pur- pose of defraying the expenditures incidental to the proceedings described herein, charge and collect the following fees: SIZE OF PROPERTY-SINGLE USE FILING FEE Square Feet Square Meters Under 25,000 2,300 $200 25,000 - 34,999 2,300 - 3,219 250 35,000 - 44,999 3,220 - 4,139 300 45,000 - 54,999 4,140 - 5,059 350 55,000 - 64,999 5,060 - 5,979 400 65,000 - 74,999 5,980 - 6,899 450 75,000 - 84,999 6,900 - 7,819 500 85,000 - and over 7,820 and over 550 Extension fee 25 9250.5.7. SCHEDULING OF THE PUBLIC HEARING. Upon the filing of an application for a development permit pursuant to this Division, the Director of Planning shall fix a time and place for a public hearing thereon, to be held not less than 10 days or more than 60 days after such filing. 9250.5.8. NOTICE OF THE PUBLIC HEARING. Not less than 10 days before the date of the public hearing, notice thereof shall be given by mailing, postage prepaid, to the owners, as shown on the last available equalized assessment roll, of property within ninety-one and five-tenths (91.5) meters (300 feet) of all lots any portion of which is included in the application. Such notice -10- 1597 shall set forth the filing of the application, the location of the property included in the application, the nature of the re- quest, and the time and place of the public hearing thereon. 9250.5.9. EVALUATION. A. The following criteria shall be considered in assess- ing the application for a development permit: 1. Extent of grading required for the reasonable use of the property. 2. Visual impact of the proposed project. 3. Relationship of the proposed project to adjoining properties and/or structures. 4. Adequacy of proposed landscaped areas, drainage facilities, erosion control devices and other protective devices. 5. Adequacy of fire equipment access. 6. Extent of preservation of existing ridge and crestlines. 7. Extent of attempt to have roads follow existing contours. natural terrain tation; or Developability of sites. application shall be denied if, in the judgment of upon the purpose of this Division, the proposed of the lots and streets in the development would: Cause excessive or unnecessary scarring of the and landscape through grading or removal of vega- 8. B. An the City based work or design 1. 2. Cause unnecessary alteration of a ridge or crestline; or 3. Unnecessarily affect the view from neighboring sites; or 4. Would adversely affect existing development or retard future development in this zone; or 5. Be inconsistent with the provisions of this Division. C. In granting a development permit, the City may impose conditions which may be reasonably necessary to prevent danger to -11- 1597 public or private property or to prevent the operation from being conducted in a manner likely to create a nuisance. No person shall violate any conditions so imposed in said permit by the City of Arcadia. Such conditions may include but not be limited to any of the aforementioned requirements of this Division. The City Engineer or a designated alternate may issue a permit for any emergency hillside work that may be necessary to prevent danger to public or private property. 9250.5.10. PLANNING COMMISSION ACTION. Action on the ap- plication shall be taken by the Planning Commission within 125 days after receipt of a complete application by the Director of Planning. This time limitation may be extended from time to time by the Planning Commission. The Planning Commission shall approve, conditionally approve or deny the proposed development, or modifi- cation as requested in the application and as indicated ~n any required site plan, based upon findings drawn from the hearing and in accord with the conditions as provided in this Division. The Planning Commission shall render its decision by formal resolution', reciting the findings upon which such decision is based. The Planning commission action shall be final, subject to appeal to the City Council. 9250.5.11. APPEAL. The applicant or any interested person may appeal any action of the Planning commission with respect to a development permit, to the City Council. Any such appeal shall be filed with the City Clerk within 5 working days after the Planning Commission's adoption of its resolution from which the appeal is being taken. An appeal fee of one-half (1/2) the filing fee shall be paid to the City at the time of filing an appeal, by the person making such appeal. At the first non-adjourned regular meeting of the City Council following the City Clerk's receipt of an appeal, the City Council shall set the matter for a public hearing. At the first non-adjourned regular meeting of the City Council follow- ing the adoption of the resolution by the Planning Commission, the City Council may appeal the decision of the Planning Commission by the vote of a majority of its members without the payment of an -12- 1597 appeal fee. Such appeal hearing shall be held within 45 days after the regular meeting of the City Council at which the Council appeals or receives notification of an appeal. Such hearing shall be noticed as set forth in Section 9250.5.8. No permit or license shall be issued for any use involved in an application for a development permit until action on such appli- cation shall have become final by reason of the expiration of time to make an appeal herein provided. The City Council, by motion, may extend the time limitation provided herein. 9250.5.12. COUNCIL ACTION. Within 45 days following the conclusion of the public hearing, the City Council shall render its decision on the appeal. The City Council shall approve, condi- tionally approve, or deny the proposed use, development, or modi- fication as requested in the application and as indicated in any required site plan, based upon findings drawn from the hearing and in accordance with the conditions as provided in this Division. The City Council shall render its decision by formal resolution, recit~ng the fipdings upon which such decision is based. The Cit~ Counc~l, by mot~on, may extend the time limitation provided here~n. 9250.5.13. MODIFICATIONS TO THE APPLICATION. Modifica- tions to the submitted development permit application may be made by the applicant during the review and hearing process, upon the approval of the Director of Planning or the Planning Commission, providing such modifications do not expand the size or intensity of development and are not otherwise inconsistent with the informa- tion contained in the public notice. A development permit modified prior to action by the Planning Commission need not be re-noticed for public hearing. If a development permit application has been appealed to the City Council, that application shall not be modified and approved without first receiving a report from the Planning Commission. 9250.5.14. EXPIRATION. If, for a period of six months, any use authorized by a development permit is or has been abandoned or discontinued, or the conditions of approval have not been fully complied with, said development permit shall be deemed null and void and of no effect. -13- 1597 9250.5.15. EXTENSION. Upon application of the applicant, filed prior to the expiration of the approved or conditionally ap- proved development permit, the time at which said development permit expires may be extended by the Planning Commission for a period or periods not exceeding a total of one year beyond the initial expiration date. 9250.5.16. ADDITIONAL CONDITIONS. At the time of consi- deration of extensions, the Planning Commission may impose any additional conditions as it deems reasonable and appropriate to the development permit. 9250.5.17. REVOCATION. If, in the opinion of the Director of Planning, any condition of a development permit granted under this Division or any valid regulation of a proper supervisory agency including the City, has been violated, said Director of Planning shall cause to be initiated proceedings for the considera- tion of revoking the development permit. The Director of Planning shall schedule a public hearing before the Planning Commission. Written notice of said public hearing shall be mailed to the per- mittee at least 10 days prior to the date of such public hearing. No additional notification shall be required. If the Planning Commission finds upon evidence presented at such hearing that no condition of the development permit or any valid regulation of a proper supervisory agency, including the City, has been violated without justifiable excuse, said Commission shall not revoke said permit, and no further action shall be taken by the Commission. If the Planning Commission finds upon evidence presented at such hearing that any condition of development permit or any valid regulation of a proper supervisory agency, including the City, has been violated without justifiable excuse, the Commission may revoke the development permit. If the Planning Commission's decision is to revoke the development permit, said decision shall be rendered by formal resolution, reciting the findings upon which such decision is based. The Planning Commission's action shall be final subject to appeal to the City Council. The permittee or any interested person may appeal from any action of the Planning Com- mission with respect to a development permit to the City Council. -14- 1597 after the Planning Commission's decision, from which the appeal ~s being taken. An appeal fee of one-half (1/2) the filing fee shall be paid to the City at the time of filing an appeal by the person making such appeal. Upon the filing of an appeal, the City Council shall set the matter for a public hearing. Such hearing shall be held within 45 days after the date of filing the appeal. Notice of the public hearing shall be given in writing to the permittee and to the person making the appeal not less than 10 days before the date of the public hearing. Within 10 days following the con- clusion of the public hearing, the City Council shall render its decision on the appeal. It may sustain, modify or reject the decision of the Planning Commission." 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 com- mitted, continued, or permitted by such person and shall be punishable accordingly. SECTION 5. 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 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 competent juriSdiction, such decision shall not affect the validi- ty of the remaining portions of this ordinance. The City Council -15- 1597 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 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 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 (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Arcadia at its regular meeting held on the 16th day of August, 1977. SIGNED AND APPROVED this 16th day of August, (1T' (. C d MAY! OF TH' em OF ca1/t~JJU:4-7~ CITY CLERK 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 16th day of August, 1977, by the affirma- tive vote of at least three Council members, to wit: -16- 1597 AYES: NOES: Council Members Gilb, Margett, Parry & Saelid None ABSENT: Council Member Lauber -17- ~.~ CIT CLERK OF THE CITY 1597 No. 'l' .A. 1/-'2 File CALIFORNIA ENVIRONMENTAL QUALITY ACT NEGATIVE DECLARATION CITY OF ARCADIA, CALIFORNIA A. Description of project: Proposed addition of a R-M (Residential- Mountainous) Zone B. Location of project: City of Arcadia C. Name of applicant or sponsor: City of Arcadia D. Finding: This project will have no significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970 for the reasons set forth in the attached Initial Study. E. Mitigation measures, if any, included in the project to avoid potentially significant effects: An initial study prepared for this project indicated no significant impact upon the environment. ~~~ Date:May 6, 1977 Date Posted: May 6, 1977 Associate Planner Title CALIFORNIA ENVIRONMENTAL QUALITY ACT A. Description of project: Addition oE R-M Residential NOTICE OF DETERMINATION CITY OF ARCADIA, CALIFORNIA Mountainous Single Family Zone B. Location of project: City of Arcadia This is to advise that the Lead Agency, M the Arcadia City Council, 0 the Arcadia City Planning Commission, has made the following determinations regarding the above-described project: 1. The project has been ~ o approved disapproved by the Lead Agency. 2. The project o will gr will not have a significant effect on the environment. No Environmental Impact Report was prepared pursuant to the provisions of the California Environmental Quality Act. A Negative Declaration was prepared for this project pursuant to the provisions of the California Environmental Quality Act. A copy of the Negative Declaration is attached. Date: August 19, 1977 ~co~ 9 u , Associate PLlIlner Title File No. .A f7i"]-2- ENVIRONMENTAL CHECKLIST FORM A. BACKGROUND B. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) !.Ch.ftq..l".ilt.t1on,d~lt101'1 or ero_lon which ...y .,di.!y elll ellannllolarl.,.roratrlu. c. Introduction of n_ apeel.. ot planta into an a"', orr..ult in. b.rrartoth.nol'1Ullnplenh~t at ."hUn... apeel..? !!! !!m! .. -:,;- / / I - / f. Altantlonof tlwdlrletlonor rltloffl"",olqroWld".tlral !!! !B!!! .!!9. / :l J! ~ j / .Ji -.J -./ J ,J J! ( v j I j II. SuhnlnUa! uductJ.on in th. ..ount of ..,tu oth11"ll1.1 Ivdlabla tor puhlic...t.er luppll..? 1. Expo.un of paople or pE"OJ"Irty to ...t.r rIL"t,d h...rd. luetl. U lloodinql L !!!1!!. lf1l1th.p~dr"\I1tln' .. UntUbla.utll condition. or 1n ch."qulnq.olOC)lc au))n.rlletur..? b. DhrvpUonl, dhplac_nu, e-=-- plCtion or oyu'eovlrin9 of till loil1 c. Cha,,'l" In lOpotJlnphy or 91"ovnd "ullca nU.1 hltlil"lI? 4. Plant Lit.. 11111 thol propou.l ....ult 1n: .. 1:111"911" t.M div.uHy ot .p.ci.., ornllllberot.ny.pllcll.otplant. (lnoludln'itr...,.br\lb., 9r..., or","" _lorotlouandlqu.Uoplanu)? b. R.ducUOt'l or t.n. nWlb.n ot .ny unlqu., ran or .ncLI"'9.r.d .pllol.. ot planu? d. Tl'Iad..tructlon, eovaorln90r .,dlUcaUOl'1 of any unlq.... 'i_LOIJlc arpl'ly.lcal rut.u.n.? .. MY inor.u.in.indor.at.r .rOllon of .OUI, dthar on or aU Ul. dU? 9. &xpoaun of peopl. or proparty to 'i.olOlJic huard. luch at .arthqUAl.l, la~li4a., sll<1.lidl., 9r'Ound !all...n, or IJ.ailar IInarda? ,. Anl..1 Llh. Will tM propo.l.l n....lt in, 2. lli. .111 tll. propo.ll nlult In: I. Sublunti.l air eal.ulonl or du.rionUcm or aabhnt I1r q...dit1'7 I. Chanq. in till dh.rdt.y or Ip4c1I1. or nllSban ot .ny Iplai.I ot Inl_h Ibirdl,land..ni...llinelud.lnqr.ptill., fi.hlnd.h.l1fl.b, t>antlliOO~lJIi_, in..eu or alc:roh\lAll? b. '1'1'1. er.ation of obj.etionabl. odort? b. ....d...ction ot th. n.-t>&n ot any uniq..... rar.or.ndan'l.r&<llpael.. ot aniaala? / / e. Alurationorl1rllO'l'_nt, _i.tur. or t.lllplr.tllr., or IJIY chl"'9. in cU_U, dUI.r loc.lly or reqlcmally? ). ~. .1l1thepropo..lr.....ltin: e. Introd""tlon of nIW .paei.. of .niaala Into.n .n.., or ra.ult in . barrilr to the .1'lraUon or .ova- Mnt ot .niaah? .. Chanq.. In c:urr.nta or the eour.. of dir.c:tlon ot ..t.r _v_u in tr.,h.at.n? d. Det.rlor..tion to ul.tln9",lldlU. Il&:>Hat.? ( 7 6. Noh.. 11111 the prope...l rllult In' b. Chanq.. in abaorptlon ut." d.raln.9.p.tt.rn., orth. rlt.and .-aunt of lurtae. ",.t.r r...noff? Incr..... in .d.tlnt nol.. 1&"la7 7 / 1 b. bpo.un at people to ....n noill lav.la7 e. Alt.r.tion. to till cour.. or flQOll of flood ",.un' 7. ~;~~nd~l~~;j,t :;l~l~::?proPoUl d, Chanq. In th. .-aunt ot .urfacI ..t.r in any "'It..r body? 1_ LAnd U... Will th. prcrpo.ad n.lIlt in i'""'iiiJiit...tl.1 alt.nUan of th. pr...ntorplannad.landu.otln.r.a? .. Di.chlrq. into aurf.c. "'.t.n, or in...y.lt.ratianof....rt.e....t.r quUty, i""h~din'l b...t not l1a1Ud to t.-par.t...ra, dillolvad axyq.n or turbidity? .. Nltur.lll..olUell, 11111 tloa propo.al r..lIlt In, a. Iner.... in th. rata ot ..... of I.I'lY nat.....al...aolU'c..? f I 9. Ch"''l..n tll. q....ntlty ot q..oun4 "ata"l, .ith... tllr'O....l'I diraet addition. or ..itlldr_d.. or tlIrouqh inUrc:tlpUon at any aq...lf.rby euu ar."e.v.tian.? b. Sub.tanH.l d.pl.Ucm of ...y nonr.n_abl. n.t.ur.l r..0lU'e.7 -1- File No. Cf4 117-7- ENVIRONMENTAL INFORMATION FORM A. Applicant's Name: en'! o~ AlcCA Ol~ Address: ....2.j() \AlliU~TIN(...,-rOI\l OR, Property Address (Location): ti( 1\ B. C. "'n.,., ,,~ "'.""'''00' ~S'-""'" "''"'' TI " "- Zone Classification: -12-_ --,,1:2lDB"--lII"'-L h\DJl'lT AINDLJ~ D. E. Proposed Use (State exactly what use is intended for the property, i.e., type, activities, employment): NO ~lY lie>1=: ~c;LbNI\T.:ED F. Square Footage of Site: G. Square Footage of Existing Buildings: 1. To ~W.. ~ 2. To Be Removed: 4 H. Square Footage of New Buildings: ~ A: I. Square Footage of Buildings to be Used for: 1. Commercial Activities: ~ ~ 2. Industrial Activities: --ill {\- 3. Residential Activities: ~ Number of Units: N.I ~ J. On a separate sheet, describe the following: 1. The environmental setting of the project site as ~t exists. N/A The proposed alterations to the project Sit!. Nf". The use and development of the surrounding properties N IA- -1- 2. 3. Environmental Information Form K. Check the appropriate answers to the fOllowing questions: 1. Will the proposed project result in a substantial alteration of ground contours and/or alteration of existing drainage pattern? Yes No V ~ V ~ l/ 2. Will the proposed project result in a change in groundwater quality and/or quantity? 3. Will the proposed project result in an increase in noise, vibration, dust, dirt, smoke, fumes, odor or solid waste? 4. Will the proposed project result in the use or disposal of potentially hazardous materials? 5. will the proposed project result in a substantial increase in demand for municipal services and/or energy consumption: Explain in detail any "YES" answers to the above questions on additional sheets. L. Provide any additional information which would elaborate on the potential environmental consequences resultant from the proposed project. M. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Date: MA <t ''::;J) \Q'1'l ignature of Applicant C\ Y c::Jr" M-cA01 ~ -2-