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HomeMy WebLinkAbout1420 ORDINANCE NO, 1420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADDING DIVISION 7 TO PART 7 OF CHAPTER 2, ARTICLE IX OF THE ARCADIA MUNICIPAL CODE PROVIDING FOR THE ESTABLISHMENT AND REGULATION OF RESIDENTIAL PLANNED DEVELOPMENTS, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Division 7 is hereby added to Part 7 of Chapter 2, Article IX of the Arcadia Municipal Code to read as follows: DIVISION 7. RESIDENTIAL PLANNED DEVELOPMENTS 9277. DECLARATION OF POLICY, The purpose of these regula- tions is to provide for the establishment and control of Residential Planned Developments. The intent is to encourage well-planned develop- ments by providing the means for greater creativity and flexibility in environmental design than is provided under the strict application of the Zoning Ordinance and the subdivision regulations of this Code, while at the same time promoting and preserving the public interest, health, safety, welfare, and property values. 9277.1. CONDITIONAL USE PERMIT. A. A residential planned development shall be subject to the regulations of this Division and shall be established by means of a conditional use permit pursuant to Division 5 of this Part, Sections 9275.1, et seq., as modified by these regulations. B. Each application for the establishment of a residential planned development shall be accompanied by a preliminary plot plan of the proposed development, and such related plans and data as may be prescribed from time to time by resolution of the Planning Commission. -1- 1420 C. Before final action of approval, the applicant shall make and file with the Commission any amendments to the plans which are necessary in order to have plans on file with the Commission which comply with the conditions proposed by the Commission. D. In addition to the findings required by the conditional use permit procedure, the Planning Commission shall not approve an application unless it finds that the proposed development is well related to, and will harmonize with, existing and planned use and circulation patterns on adjoining properties, and that the develop- ment will not constitute a disrupting element in the neighborhood; and that the residential planned development will provide a better environmental design than would be possible under standard subdivi- sion procedures. E. A condition of each permit shall be that final, precise plans for the project shall be subject to approval of the Commission. The Commission shall disapproverndd plans if they do not substantially conform with the terms of the conditional use permit. F. A conditional use permit which has been approved by the Planning Commission shall not become effective until after it has been reviewed and approved by the City Council. G. A conditional use permit shall expire, unless extended by the City Council for good cause shown, 18 months after its effec- tive date unless final, precise plans have been submitted to and approved by the Commission, and unless work commences within one year after said plans have been approved. 9277.2. CONDITIONS. In addition to the conditions established by these regulations, the Planning Commission may impose conditions which it deems necessary or desirable in carrying out the general purpose and intent of this Division. -2- 1420 9277.3. SUBDIVISION. A tentative subdivision map and a final map may be approved for a residential planned development which does not comply with all of the subdivision regulations of this Code, Sections 9111.1, et seq., provided that a condition of such approval is that the subdivision shall be subject to all of the terms of the conditional use permit for the residential planned development, which condition shall be endorsed on the final map. All of the subdivision regulations which are not inconsistent with these regulations or any conditions of the conditional use permit shall be complied with. 9277.4. SUBDIVISION FINAL MAP. A. After the final subdivision map has been recorded, no work shall be done on any property within the development except in full compliance with the final development plans. B. The final subdivision map shall not be approved unless final development plans have been approved and satisfactory evidence is presented that all of the land within the proposed development is under a single ownership. 9277.5. CONSENT OF OWNERS. An application for a condi- tional use permit shall not be accepted unless the applicant submits satisfactory proof that the owners of all of the land proposed for a residential planned development have consented to the filing of the application. 9277.6. USES. ZONES. Residential planned developments shall be permitted only for one-family dwellings in the F.-O, R-l, and R-2 zones. NJ more than one dwelling shall be permitted on any one lot. 9277.7. DENSITY. The number of lots within a residential planned development shall be no greater than the number of lots which would be permitted if the development were subdivided as a standard subdivision pursuant to the provisions of Article IX, Chapter 1 of this Code. -3- ~~ 9277.8. MINIMUM AREA. The land to be developed shall be not less than three acres in area. 9277.9. LOT AREA. The minimum lot area shall be no less than the area occupied by the dwelling located thereon. 9277.10. COMMON AREAS. All land within the development which is not subdivided into separate lots or dedicated for streets or other public purposes shall be shown as "common area" on the final subdivision map and shall be for the common use of the owners of lots within the development, and each owner of a lot shall own an inseparable, undivided interest in the common area. Said interest may be through shares of stock or voting membership in an owners association. 9277.11. COMMON AREAS. HILLSIDES. At least one-half of the common area shall be approximately level. 9277.12. SITE COVERAGE. Buildings and structures shall occupy no more than 45 per cent of the land within a development, excluding streets, common drives, and areas dedicated for public use. 9277.13. HEIGHT. Buildings and structures shall not exceed two stories nor 35 feet in height. 9277.14. SETBACKS. No building shall be constructed within 25 feet of the perimeter property line of the development, provided that no building or structure shall be located closer to a peripheral public street than the depth of the front yard that would otherwise be required. 9277.15. STREETS. Dedicated public streets shall be constructed in accordance with the subdivision regulations of this Code, Sections 9114.1, et seq. Private streets and drives need not meet the requirements of this Code which would otherwise be applicable if the Planning Commission, after recommendation of the -4- 1420 Fire Chief, Chief of Police, and Director of Public Works, finds that the design of the proposed streets and common vehicular ways is adequate to protect the public health, safety, and welfare and will promote the purpose and intent of this Division. 9277.16. PARKING. At least four parking spaces, each designed for use with unobstructed access, shall be provided within the development for each dwelling unit. 9277.17. LANDSCAPING. A decorative masonry wall shall be placed on the perimeter of the development except where the perimeter is an existing public street. A minimum of five feet adjacent to said wall shall be landscaped with plantings and used for no other purpose. Landscaping and a permanent sprinkler system shall be installed in all common areas in accordance with plans prepared by a landscape architect and incorporated into the final plans. 9277.18. VARIANCE. A variance from the regulations of this Division, except the use (8 9277.6) and density (8 9277.7) regulations, may be permitted provided the Planning Commission finds at the time the conditional use permit is granted that such a variance will promote the purpose and intent of said regulations and will not detrimentally affect the development or adjacent pro- pertieso 9277.19. COMPLETION OF COMMON AREAS. The final develop- ment plans shall not be approved unless they contain provisions which the Commission finds will guarantee construction and comple- tion, within a reasonable time after the final subdivision map is recorded and work commences, of all work required under the rlan. 9277.20. OWNERSHIP. MANAGEMENT. OPERATION. The final plans shall contain provisions in the form of recorded covenants, -5- 1420 conditions, and restrictions or other devices, which guarantee to the satisfaction of the Commission that the provisions of Section 9277.10 are complied with and that the development in its entirety, including privately owned and common areas, shall be perpetually, or as long as legally possible, operated and maintained in good con- dition and that such provisions may be enforced by the City, and that the City may r~cover the cost of any such enforcement. The final subdivision map shall contain the following certificate executed by the owner: "We hereby dedicate ~o the City of Arcadia, the right to prohibit the construction of additional residential buildings on the area designated as the common area." SECTION 2. The City Council finds that the public necessity, convenience, general welfare, and good zoning practice justify the above regulations. SECTION 3. The City Clerk shall certify to the adoption of this ordinance. I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 15th day of September , 1970, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: Councilmen Arth, Considine, Hage, Helms, and Butterworth None None ~~~>>~V~ City Clerk of the City of Arcadia SIGNED AND APPROVED this (SEAL) r -0- 1420