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