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HomeMy WebLinkAbout1472 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. -1- 1472 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. -2- 1472 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 -3- 1472 '" ..~,. . ',. ,-" , ". I "- .. 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 -4- 1472 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. -5- 1472 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 -6- 1472 , Commission on the day following the Modification Committee's action - - 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 -7- 1472 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 -8- 1472 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. -9- 1472 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. -10- 1472 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 -11- 1472 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. Jl~~.~n~ Ci ty ,C:terk, ---: ------ - -- ---.......:_~- ~::.-- ~-'(SEJ\L) ~ - ........... - - , " ':' , " -12- 1472