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ORDINANCE NO. 1472
AN ORDINANCE OF THE CITY "cOUNciL OF THE
CITY OF ARCADIA AMENDING.THE MODIFICATIONS
REGULATIONS OF THE ZONING ORDINANCE.
".,-'l)
THE CITY COUNCIL OF.THE CITY OF ARCADIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Division 2 of Part 9, Chapter 2, Article IX
of the Arcadia Municipal Code is hereby amended to read as follows:
"ARTICLE IX.
CHAPTER 2.
PART 9.
DIVISION 2.
TITLE 1.
DIVISION AND USE OF LAND
ZONING REGULATIONS
VARIANCES, MODIFICATIONS, AMENDMENTS,
ZONE CHANGES AND ANNEXATIONS
MODIFICATIONS
MODIFICATION COMMITTEE
9292.1.1. PURPOSE. The purpose of the Modification
Committee procedure is to secure an appropriate improvement of a
lot, to prevent unreasonable hardship or to promote uniformity of
development.
,... .'
9292.1.2. CREATION. There is hereby created a Modifica-
tion Committee composed of the following persons:
1. The Chairman of the Planning Commission or such
member of the Planning Commission as the Chairman may from time to
time designate.
2. The. Planning Director or his designated deputy.
3. The City Manager or his designated deputy.
The Chairman of the Modification Committee shall be the
Planning Commission member thereon.
The Building Superintendent or his designated deputy
shall serve as Secretary to the Modification Committee.
9292.1.3. MEETINGS; The Modification Committee shall
meet at the call of the Chairman.
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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:
l.
2.
3.
4.
5.
6.
7.
8.
9.
10. 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 (2) stories or two (2)
.stories of living quarters over one (1) story of parking.
11. Height of noncommercial structures.
12. 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 greacer 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.
Driveway and parking stall size requirements.
Apartment unit size.
Building length.
Distance between buildings.
Usable open space regulations.
Fence, wall and hedge regulations.
Sign regulations.
Utility and storage space requirements.
Swimming pool regulations.
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9292.1.5. REFERRAL TO PLANNING COMMISSION. The Modifica-
tion Committee may, at its discretion, refer any modification appli-
cation to the Planning Commission for its decision without further
fee to the applicant.
9292.1.6. ADMINISTRATIVE ACT. All acts performed by City
officers under the provisions of this Division shall be construed
as administrative acts performed for the purpose of assuring that
the intent and purpose of this Chapter shall apply in special cases
as provided in this Division and shall not be construed as amend-
ments to the provisions of this Chapter or the Zoning Map of the City.
9292.1.7. APPLICATION FORMS. Application forms for
modifications shall be obtained from the Building Division. Said
forms shall be designed by and meet the approval of the Building
Division and the Planning Department..
9292.L8. FILING OF APPLICATIONSo Modification appli-
cations shall, be made in writing to the Building Division on the
prescribed application formso Incomplete application forms shall
not be accepted. All filed applications shall be consecutively
,. numbered, shall become part of the permanent official records of
the City and shall contain copies of all notices and actions per-
taining thereto.
9292.1.9. INFORMATION REQUIRED. A modification applica-
tion shall be accompanied by the following:
1. Completed application forms.
2. Reference to the provisions of the Code section
from which said property is sought to be excepted.
3. A scaled plot plan and description of the subject
property, description of the proposed use of the property with
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plot plans, floor plans and elevations for all proposed buildings
drawn to scale.
4. In those residential areas of the City having
architectural review boards, the report of said boards indicating
their actions. relative to the proposed modification request.
9292.1.10. FILING FEE. Before accepting for filing any
application under this title, the City shall charge and collect
a fee in accordance with the applicable fee schedule adopted by
resolution of the City CounciL
9292.1.11. INVESTIGATION. The Building Division staff
shall investigate and report on each modification application pro-
viding information necessary for the Committee's full and complete
!; I
consideration of' the application, The members of the Modification
Committee may also undertake such investigation of each modification
application as they deem necessary for their full and complete
consideration of the application.
9292,1.12. SCHEDULING FOR PUBLIC HEARING. Upon the
receipt in proper form of a modification application, the secretary
of the Modification Committee shall fix a time and place for public
hearing thereon to be held not less than ten calendar days nor more
than forty calendar days thereafter.
9292.1.13. NOTICES. Not less than ten calendar days
before the date of such public hearing, a notice shall be mailed,
postage prepaid, to the applicant and'to all property owners within
100 feet of the subject property. The notice shall state the
nature of the request, the location of the property and the time
and place of the hearing. In addition, signs at least 8" x 10"
shall be posted on the subject property by the Building Division
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staff and shall set forth substantially the same information included
in the mailed notice. There shall be at least one such sign for each
100 feet of street frontage of the subject property. Said signs
shall be posted at least ten calendar days prior to the public
hearing.
9292.1.14. APPEALS.. Appeals from the Modification
Committee's decision shall be. made ,to the. Planning..Commission 0
Said appeal shall be made in writing and delivered to the Planning
Department within five working days of the Modification Committee's
d~cision and shall be accompanied by an appeal fee in accordance
with the applicable fee schedule adopted by resolution of the City
Council .
Upon notification of such an appeal, the applicant of
the original modification request shall provide and deliver to the
Planning Department an 8" x 10" clear film positive and negative
of the proposed development.
Upon receipt in proper form of an appeal from the
Modification Committee's decision, the secretary of the Planning
Commission shall fix a time and place for public hearing thereon to
be held not less than ten calendar days nor more than forty
calendar days thereafter. Public notice of the public hearing
shall be given in the same manner as set forth in Section 9292.1.13.
Appeals from the Planning Commission's decision shall be
'made to the City Council. Said appeal shall be made in writing
and delivered to the City Clerk within five working days of the
Pianning Commission's decision and shall be accompanied by an
appeal fee in accordance with the applicable fee schedule adopted
by resolution of the City Council.
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At its next regular meeting after the filing of such
appeal, the Council shall set a date for a public hearing thereon.
The matter of setting the hearing and giving of notice shall be the
same as prescribed for hearings before the Planning Commission.
9292.,1,15, EFFECTIVE DATE OF MODIFICATION. No permit
or license shall be issued for any use involved in an application
for a modification until action on such application shall have
become final by reason of the expiration of time to make an appeal
as herein provided.
9292.1.16. EXPIRATION OF MODIFICATION. If for a period
of six months any use authorized by any modification is or has been
unused, abandoned or discontinued or the conditions have not been
complied with, said modification shall become null and void and
of no effec t.
9292.1.17. EXTENSION OF MODIFICATION. An extension of
a modification may be granted by the Modification Committee upon
the written request of an interested person filed with the secre-
tary of the Modification Committee prior to the expiration of the
modification. Said request shall set forth reasons supported by
factual data why the modification has been unused, abandoned,
discontinued or the conditions not full;y complied with, No exten-
sion shall be granted unless the Modification Committee finds the
facts to be substantially as thus set forth and to constitute
justifiable cause for such extension. Extensions of' modifications
shall require the unanimous vote of the Modification Committee.
9292.1.18, REPORTING OF ACTIONS. A copy of the Modifica-
tion Committee's agenda noting the action taken by the Committee
shall be sent to the members of the City Council and Planning
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,
Commission on the day following the Modification Committee's action
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and that such notation shall contain, as a minimum, sufficient
information so that the reader may form an intelligent understanding
of the action taken.
The City Councilor Planning Commission or any member
thereof may, at their own discretion and without the filing of any
fee, appeal any decision of the Modification Committee within ten
working days after the date of said decision or at the next City
Council meeting, whichever is later.
ARTICLE IX.
CHAPTER 2.
PART 9.
DIVISION 2.
TITLE 2.
DIVISION AND USE OF LAND
ZONING REGULATIONS
VARIANCES s MODIFICATIONS s AMENDMENTS s
ZONE CHANGES AND ANNEXATIONS
MODIFICATIONS
ADMINISTRATI\~ MODIFICATIONS
9292.2.1. PURPOSE. The purpose of the Administrative
Modification is to provide a procedure whereby certain modifica-
tions may be administratively granted in order to secure an
appropriate improvement of a lot, to prevent unreasonable hardship
or to promote uniformity of development.
9292.2.2. CREATION. These is hereby created a procedure
whereby certain modifications to single-family residential struc-
tures or accessory buildings in Zones R-O and R-l may be granted
upon the joint approval of the Planning Department and Building
Divi'sion.
9292.2.3. AUTHORITY. Administrative modification may
be granted upon the joint approval of the Planning Department and
Building Division. Administrative modification may permit such
modification of the side yard, rear yard and distance between
buildings as may be necessary ~o secure an appropriate improvement
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of a lot, to prevent unreasonable hardship or to promote uniformity
of improvement.
9292.2.4. ADMINISTRATIVE ACT. All acts performed by City
officers under the provisions of this Division shall be construed
as administrative acts performed for the purpose of assuring that
the intent and purpose of this Chapter shall apply in special cases
as provided in this Division and shall not. be construed as amendments
to the provisions of this Chapter or the Zoning Map of the City.
9292.2.5. APPLICATION FORMS., Application forms for
administrative modification shall be obtained from the Building
Division. Said forms shall be designed by and meet the approval of
the Building Division and the Planning Department.
929202,6. FILING OF APPLICATIONS. Application for an
administrative modification shall be made in writing to the Building
Division on the prescribed application forms. Incomplete application
forms shall not be accepted. All filed applications shall be
consecutively numbered, shall become part of the permanent official
records of the City and shall contain copies of all notices and
actions pertaining thereto.
9292.2,7. INFORMATION REQUIRED. An application for an
administrative modification shall be accompanied by the following:
1. Completed application form which shall contain the
signature of all contiguous property owners indicating their
approval of the proposed modification.
2. Reference to the provisions of the Code section from
which said property is sought to be excepted.
3. A scaled plot plan and description of the subject
property, description of the proposed use of the property with plot
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plans, floor plans and elevations for all proposed buildings drawn
to scale.
4. In those residential areas of the City having archi-
tectural review boards, the report of said boards indicating their
actions relative to the proposed modification request.
9292.2.8. FILING FEE. Before accepting for filing any
application under this title, the City shall for the purpose of
defraying the. expenditures incidental to the proceedings charge and
collect a fee in accordance with the applicable fee schedule adopted
by resolution of the City Council.
9292.2,9. INVESTIGATION.. The staff of the Building
Division and Planning Department shall make such investigation
on each application as necessary for their full and complete consi-
deration of the application"
9292,2.10. DECISION. Within ten working days of the
receipt in proper form of a request for an administrative modifica-
tion, the Building Division and Planning Department shall render
their joint decision of approval, conditional approval or denial of
the request. Notice of said decision shall be made in writing to
the applicant.
9292.2.11. APPEALS. Appeals from the joint decision of
the Planning Department and Building Division shall be made to the
Modification Committee. Said appeal shall be made in writing and
delivered to the Building Division within five working days of
the joint decision and shall be accompanied by an ownership list
for all property owners within 100 feet of the subject property
and an appeal fee in accordance with the applicable fee schedule
adopted by resolution of the City Council.
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Upon receipt in proper form of an appeal the Building
Division shall fix a time and 'place for public hearing thereon to
be held not less than ten calendar days nor more than forty calendar
days thereafter. Public notice of the public hearing shall be
given in the same manner as set forth in Section 929201.13.
After action on appeal by the Modification Committee, an
appeal may be made to the Planning Commission. Said appeal shall be
made in writing and delivered to the Planning Department within
five working days of the Modification Committee's decision and
shall be accompanied by an appeal fee in accordance with the appli-
cable fee schedule adopted by resolution of the City Council.
Upon notification of such an appeal the applicant of the
original modification request shall provide and deliver to the
Planning Department an 8" x 10" clear film positive and negative of
the proposed development.
Upon receipt in proper form of an appeal from the Modifi-
cation Committee1s decision, the secretary of the Planning Commission
shall fix a time and place for public hearing thereon to be held
not less than ten calendar days nor more than forty calendar days
thereafter. Public notice of the public hearing shall be given
in the same manner as set forth in Section 9292.1.13.
Appeals from the Planning Commission's decision shall be
made to the City Council. Said appeal shall be made in writing
and delivered to the City Clerk within five working days of the
Planning Commission's decision and shall be acco~panied by an appeal
fee in accordance with the applicable fee schedule adopted by
resolution of the City Council.
At its next regular meeting after the filing of such
appeal, the Council shall set a date for a public hearing thereon.
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The matter of setting the' hearing and giving of notice shall be the
same prescribed for hearings. befor.e: the Planning Commission.
9292.2.12. EFFECTIVE. DATE OF MODIFICATION. No permit or
license shall be issued for any use involved in an application for
an administrative modification until action on such application shall
have become final by reason of the expiration of time to make an
appeal as herein provided.
9292.2.13. EXPIRATION OF MODIFICATION. If for a period
of six months any use authorized by any modification is or has
been unused, abandoned or discontinued or the conditions have not
been complied with, said modification shall become null and void
and of no effect.
9292.2.14.
EXTENSION OF MODIFICATION.
.
No extension of
an administrative modification may be granted. A new application
may be filed for any administrative modification which has expired.
9292.2.15. REPORTING OF ACTIONS. The secretary of the
Planning Commission shall report the actions taken under the pro-
visions for administrative modifications to the Planning Commission
at the Commission's first meeting following said actions.
The Planning Commission may at its own discretion and
without the filing of any fee, appeal any decision reached under
the administrative modification procedure within five working days
, of .the report to. the. Commission D:f .sai.d...decision. "
SECTION 2. Section 9291.2.8. of the Arcadia Municipal
Code is hereby'amended to read as follows:
"929102.8. APPEAL. Within ten days after such decision
by the Planning Commisslon, the applicant or any other person
aggrieved by such decision may appeal therefrom in writing to the
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Council by filing such with the City Clerk. A fee of One Hundred
Dollars ($100.00) shall be paid to the Treasurer concurrent with
the filing of any appeal concerning a variance.1I
SECTION 3. Section 9241.4 of the Arcadia Municipal Code
is hereby repealed,
SECTION 4. The City Council finds that the public
convenience, general welfare, and good zoning practice justify
the above changes.
SECTION 5. The City Clerk shall certify to the adoption
of this ordinance.
I HEREBY CERTIF'Y that the foregoing ordinance was adopted
at a regular meeting of the City Council of the City of Arcadia
held on the 20th day of February, 1973, by the affirmative vote
of at least three Councilmen, to wit:
AYES: Councilmen Arth, Butterworth, Helms, Scott
and Hage
NOES: None
ABSENT: None
"'--
the
SIGNED AND APPROVED this 20th day of February
, 1973.
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