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HomeMy WebLinkAbout1927 ORDINANCE NO. 1927 AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA APPROVING TEXT AMENDMENT 90-006 AMENDING THE BUILDING HEIGHT AND SIDE YARD SETBACK REQUIREMENTS IN THE R-M, R-O, AND R-1 ZONES AND AMENDING THE ADMINISTRATIVE MODIFICATION AND REGULAR MODIFICATION PROCEDURES WHEREAS, this text amendment was initiated by the City for the considera- tion of amending the building height and side yard setback regulations in the R-O, R-1 and R-M zones and amending the Administrative Modification and regular Modification procedures. WHEREAS, a public hearing was held on June 26, 1990, before the Planning Commission at which time all interested persons were given full opportunity to be heard and to present evidence, and WHEREAS, the Planning Commission of the City of Arcadia recommended approval of subject text amendment to the City Council, and WHEREAS, the City Council conducted a public hearing concerning the text amendment on August 7, 1990 and approved the amendment. WHEREAS, the City Council determines that the provisions of this ordinance as set forth herein are an effective method to reducing the mass and bulk of a house and lessen the visual impact of houses and provide for the construction and remod- eling of houses which are more in proportion to the lot size, The Council further determines that because of the impact large homes have on the neighborhood and the community it is more appropriate to require certain modifications for single- family dwellings to be reviewed by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1, That Section 9250,3,1. be amended to read as follows: 9250,3.1, BUILDING HEIGHT, No building or structure shall contain more than two (2) stories nor shall any building or structure, including flag poles, television masts, chimneys, smoke stacks, architectural features and similar structures which are attached to and an integral part of the main dwelling exceed the limit as set forth in the following table except as may be approved by the Planning Commission or City Council (upon appeal) pur- suant to the modification regulations: -1- 1927 Lot Width at Required Building Setback Line Maximum Height Less than 71' 25' 71' or greater but less than 72' 26' 72' or greater but less than 73' 27' 73' or greater but less than 74' 28' 74' or greater but less than 75' 29' 75' or greater but less than 80' 30' 80' or greater but less than 85' 31' 85' or greater but less than 90' 32' 90' or greater but less than 95' 33' 95' or greater but less than 100' 34' 100' or greater 35' Exceptions: 1. Wireless radio masts, towers or antennas (not including dish antennas) may be a maximum of thirty-five feet (35'-0") when attached to and an integral part of the main dwelling. 2, Chimneys may be allowed to extend a maximum of two feet (2'-0") above the roof line if necessary for compliance with the Building Code requirements. Section 2, That Sections 9251.2,1 and 9252,2.1 shall be amended to read as follows: 9251,2.1 and 9252,2.1. BUILDING HEIGHT, No building or structure shall contain more than two (2) stories nor shall any building or structure, including flag poles, chimneys, smoke stacks, architectural fea- tures and similar structures which are attached to and an integral part of the main dwelling exceed the limit as set forth in the following table except as may be approved by the Planning Commission or City Council (upon appeal) pursuant to the modification regulations: Lot Width at Required Building Setback Line Less than 75'-0" 75' or greater Exceptions: 1. Wireless radio masts, towers or antennas (not including dish antennas) may be a maximum of thirty-five feet (35'-0") when attached to and an integral part of the main dwelling, 2, Chimneys may be allowed to extend a maximum of two feet (2'-0") above the roof line if necessary for compliance with the Building Code requirements. Maximum Height 25' 30' -2- 1927 Section 3, That Sections 9252.2,4" 9252.2.5., 9252.2.11.1, and 9252,2,11.2. be amended to read as follows: 9252.2.4. SIDE YARD. There shall be a side yard on each side of a building of not less than five (5) feet or ten percent (10%) of the width of the lot as measured at the front property line, whichever is greater. Any portion of a single-story in excess of twelve (12) feet high and/or any portion of a second story including second story architectural features and walls shall be not less than ten (10) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater. The maximum setback requirement for a single story portion of a main dwelling shall be ten (10) feet and the maximum setback requirement for a second story shall be twenty (20) feet. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required building setback line, Exceptions: 1, A portion of a gable roof and walls thereunder which do not exceed a max- imum height of twenty (20) feet and which enclose a portion of the first floor living area andlor interior stairwells which have no window(s) facing the side yard, may encroach into the above-required setback but in no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations. 2, Fireplaces not exceeding eight (8) feet in width which do not project from the building wall more than one (1) foot and providing that there is maintained a minimum distance of three (3) feet between said fireplace and any adjacent wall, fence or structure. 3. Architectural features (not including eaves) on the first floor which do not project more than two (2) inches for each one (1) foot of the width of such side yard. 4. Eaves may extend or project a maximum of two (2) feet beyond the required setback on both the first and second floor, 9252.2.5 SAME, CORNER LOT, On corner lots the required side yard adjoining the interior lot shall be not less than five (5) feet or ten percent (10%) of the width of the lot as measured at the front property line, whichever is greater. The required side yard on the street side of a corner lot shall be not less than ten (10) feet. Any garage opening directly upon a side street shall be located not less than twenty (20) feet from the side street lot line. Any portion of a single-story in excess of twelve (12) feet high and lor any portion of a -3- 1927 second story including second story architectural features and walls shall be not less than ten (10) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater. The maximum setback requirement for a single story portion of a main dwelling shall be ten (10) feet and the maximum set- back requirement for a second story shall be twenty (20) feet. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cuI-de- sac terminus shall be measured at the required building setback line. Exceptions: 1. A portion of a gable roof and walls thereunder which do not exceed a max- imum height of twenty (20) feet and which enclose a portion of the first floor living area andlor interior stairwells which have no window(s) facing the side yard, may encroach into the above-required setback but in no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations. 2. Fireplaces not exceeding eight (8) feet in width which do not project from the building wall more than one (1) foot and providing that there is maintained a minimum distance of three (3) feet between said fireplace and any adjacent wall, fence or structure, 3, Architectural features (not including eaves) on the first floor which do not project more than two (2) inches for each one (1) foot of the width of such side yard. 4, Eaves may extend or project a maximum of two (2) feet beyond the required setback on both the first and second floor. 9252.2,11.1. SAME. SAME, CORNER LOTS. On corner lots no accessory building shall be located less than twenty (20) feet from the street side lot line or l~ss than five (5) feet from the rear lot line. The required interior side yard setback on accessory buildings and an accessory portion of a main building shall be as specified in Section 9252.2.4. An accessory portion of a main building not exceeding one (1) story in height may be located not less than ten (10) feet from the street side lot line and not less than ten (10) feet from the rear lot line; provided, that any garage opening directly upon a side street shall be located not less than twenty (20) feet from the street side lot line. The interior and street side yard setback for any portion of a single story in excess of twelve (12) feet high shall be a minimum of ten (10) feet or twenty percent (20%) of the width of the lot as mea- sured at the front property line, whichever is greater. The maximum setback requirement shall be twenty (20) feet. The lot width for determining setbacks on lots -4- 1927 with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be mea- sured at the required building setback line, Exceptions: 1. A portion of a gable roof and walls thereunder which do not exceed a max- imum height of twenty (20) feet and which enclose a portion of the first floor living area andlor interior stairwells which have no window(s) facing the side yard, may encroach into the above-required setback but in no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations, 2, Fireplaces not exceeding eight (8) feet in width which do not project from the building wall more than one (1) foot and providing that there is maintained a minimum distance of three (3) feet between said fireplace and any adjacent wall, fence or structure, 3. Architectural features (not including eaves) on the first floor which do not project more than two (2) inches for each one (1) foot of the width of such side yard. 4. Eaves may extend or project a maximum of two (2) feet beyond the required setback on both the first and second floor. 9252.2,11.2, SAME. SAME, REVERSE CORNER LOTS, On reverse corner lots no accessory building shall be located less than twenty (20) feet from the street side lot line or less than five (5) feet from the rear lot line, The required interior side yard setback on accessory buildings and an accessory por- tion of a main building shall be as specified in Section 9252,2.4, An accessory portion of a main building not exceeding one (1) story in height may be located not less than twenty (20) feet from the street side lot line and not less than ten (10) feet from the rear lot line. The interior side yard setback for any portion of a single story in excess of twelve (12) feet high shall be a minimum of ten (10) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater, The maximum setback requirement shall be twenty (20) feet. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cui-de- sac terminus shall be measured at the required building setback line. Exceptions: 1. A portion of a gable roof and walls thereunder which do not exceed a max- imum height of twenty (20) feet and which enclose a portion of the first floor living area andlor interior stairwells which have no window(s) facing the side yard, may encroach into the above-required setback but in no event shall such encroachment be -5- 1927 less than the required first floor setback except as may be approved pursuant to the modification regulations. 2, Fireplaces not exceeding eight (8) feet in width which do not project from the building wall more than one (1) foot and providing that there is maintained a minimum distance of three (3) feet between said fireplace and any adjacent wall, fence or structure, 3, Architectural features (not including eaves) on the first floor which do not project more than two (2) inches for each one (1) foot of the width of such side yard, 4, Eaves may extend or project a maximum of two (2) feet beyond the required setback on both the first and second floor. Section 4, That Sections 9251.2.4, 9251.2,5, 9251.2.8.1. and 9251.2,8,2 be amended to read as follows: 9251.2.4. SIDE YARD. There shall be a side yard on each side of every building of not less than ten (10) feet or ten percent (10%) of the width of the lot as measured at the front property line, whichever is greater. Any portion of a single-story in excess of twelve (12) feet high andlor any portion of a second story including second story architectural fea- tures and walls shall be not less than fifteen (15) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater, The maximum setback requirement for a single story portion of a main dwelling shall be fifteen (15) feet and the maximum setback requirement for a second story portion of a main dwelling shall be twenty (20) feet. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required building setback line. Exceptions: 1, A portion of a gable roof and walls thereunder which do not exceed a max- imum height of twenty (20) feet and which enclose a portion of the first floor living area andlor interior stairwells which have no window(s) facing the side yard, may encroach into the above-required setback but in no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations. 2, Fireplaces not exceeding eight (8) feet in width which do not project from the building wall more than two (2) inches for each one (1) foot of the width of such side yard. 3, Architectural features (not including eaves) on the first floor which do not project more than two (2) inches for each one (1) foot of the width of such side yard. -6- 1927 4. Eaves may extend or project a maximum of two (2) feet beyond the required setback on both the first and second floor, 9251.2.5. CORNER LOTS. On corner lots the required side yard adjoining the interior lot shall be not less than ten (10) feet or ten percent (10%) of the width of the lot as measured at the front property line, whichever is greater. The required side yard on the street side of a corner lot shall be not less than twenty (20) feet, Any portion of a single-story in excess of twelve (12) feet high andlor any portion of a second story including second story architectural featUres and walls shall be not less than fifteen (15) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater. The maximum setback requirement for a single story portion of a main dwelling shall be fifteen (15) feet and the maximum setback requirement for a second story shall be twenty (20) feet. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required building setback line, Exceptions: 1. A portion of a gable roof and walls thereunder which do not exceed a max- imum height of twenty (20) feet and which enclose a portion of the first floor living area andlor interior stairwells which have no window(s) facing the side yard, may encroach into the above-required setback but in no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations. 2. Fireplaces not exceeding eight (8) feet in width which do not project from the building wall more than two (2) inches for each one (1) foot of the width of such side yard, 3. Architectural features (not including eaves) on the first floor which do not project more than two (2) inches for each one (1) foot of the width of such side yard, 4. Eaves may extend or project a maximum of two (2) feet beyond the required setback on both the first and second floor, 9251.2.8,1. SAME, SAME, CORNER LOTS, On corner lots no accessory building shall be located less than twenty (20) feet from the street side lot line or less than five (5) feet from the rear lot line, The required interior side yard setback for an accessory building or an accessory portion of a main building shall be as specified in Section 9251.2,4. An accessory portion of a main building not exceeding one (1) story in height may be located not less than twenty (20) feet from the street side lot line and not less than ten (10) feet from the -7- 1927 rear lot line, The interior side yard setback for any portion of a single story in excess of twelve (12) feet high shall be a minimum of fifteen (15) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater. The maximum setback requirement shall be twenty (20) feet. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul- de-sac terminus shall be measured at the required building setback line, Exceptions: 1. A portion of a gable roof and walls thereunder which do not exceed a max- imum height of twenty (20) feet and which enclose a portion of the first floor living area andlor interior stairwells which have no window(s) facing the side yard, may encroach into the above-required setback but in no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations. 2, Fireplaces not exceeding eight (8) feet in width which do not project from the building wall more than two (2) inches for each one (1) foot of the width of such side yard. 3. Architectural features (not including eaves) on the first floor which do not project more than two (2) inches for each one (1) foot of the width of such side yard, 4, Eaves may extend or project a maximum of two (2) feet beyond the required setback on both the first and second floor. 9251.2,8.2, SAME. SAME. REVERSE CORNER LOTS, On reverse corner lots no accessory building shall be located less than twenty (20) feet from the street side lot line or less than ten (10) feet from the rear lot line. The required interior side yard setback for an accessory building or an accessory por- tion of a main building shall be as specified in Section 9251.2,4. An accessory portion of a main building not exceeding one (1) story in height may be located not less than twenty (20) feet from the side street lot line and not less than ten (10) feet from the rear lot line, The interior side yard setback for any portion of a single story in excess of twelve (12) feet high shall be a minimum of fifteen (15) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater. The maximum setback requirement shall be twenty (20) feet. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul- de-sac terminus shall be measured at the required building setback line. Exceptions: 1. A portion of a gable roof and walls thereunder which do not exceed a max- imum height of twenty (20) feet and which enclose a portion of the first floor living -8- 1927 area and/or interior stairwells which have no window(s) facing the side yard, may encroach into the above-required setback but in no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations. 2. Fireplaces not exceeding eight (8) feet in width which do not project from the building wall more than two (2) inches for each one (1) foot of the width of such side yard, 3, Architectural features (not including eaves) on the first floor which do not project more than two (2) inches for each one (1) foot of the width of such side yard. 4, Eaves may extend or project a maximum of two (2) feet beyond the required setback on both the first and second floor. Section 5, That Section 9250,3.3. be amended to read as follows: 9250.3,3. SIDE YARD, There shall be a side yard on each side of a building of not less than ten (10) feet or ten percent (10%) of the width of the lot as measured at the front property line, whichever is greater. Any portion of a single-story in excess of twelve (12) feet high andlor any portion of a second story including second story architectural features and walls shall be not less than fifteen (15) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater, The maximum setback requirement for a single story portion of a main dwelling shall be fifteen (15) feet and the maximum setback requirement for a second story shall be twenty (20) feet. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required building setback line. Exceptions: 1, A portion of a gable roof and walls thereunder which do not exceed a max- imum height of twenty (20) feet and which enclose a portion of the first floor living area andlor interior stairwells which have no window(s) facing the side yard, may encroach into the above-required setback but in no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations, 2. Fireplaces not exceeding eight (8) feet in width which do not project from the building wall more than two (2) inches for each one (1) foot of the width of such side yard. 3. Architectural features (not including eaves) on the first floor which do not project more than two (2) inches for each one (1) foot of the width of such side yard, -9- 1927 4. Eaves may extend or project a maximum of two (2) feet, beyond the required setback on both the first and second floor, Section 6, That Sections 9251.2.9., 9252,2,13, and 9250,3.15. be added to the code as follows: 9251.2.9.,9252.2.13 and 9250.3.15. MODIFICATIONS FOR SIDE YARD SETBACKS. Any first or second story side yard setback modification request for a new dwelling or any second story side yard setback modification request to an exist- ing dwelling shall be subject to the approval of the Planning Commission or the City Council (upon appeal) pursuant to the modification regulations. Section 7. That Sections 9292.1.4., 9292.2.2. and 9292.2,3. be amended to read as follows: 9292.1.4, AUTHORITY. In order to secure an appropriate improvement, prevent unreasonable hard- ship or to promote uniformity of development, the Modification Committee shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Driveway and parking stall size requirements, 2. Apartment unit size 3. Building length 4. Distance between buildings 5. Usable open space regulations 6. Fence, wall and hedge regulations 7. Sign regulations 8. Utility and storage space requirements, 9. Swimming pool regulations 10. Height of noncommercial structures, 11. Number of required parking spaces. 12. When the maximum number of units permitted in the R-2 and R-3 zones has a fractional remainder greater than one half, the Modification Committee may allow the maximum number of units to be rounded off to the next highest whole number, 13, Front, or rear yard setbacks, provided that a setback from a street shall be modified only with a written declaration from the Director of Public Works that the modification, if granted, will not adversely affect any foreseeable need for widening the street. -10- 1927 14. Side yard setbacks in the multiple family, commercial and industrial zones provided that a setback from a street shall be modified only with a written declara- tion from the Director of Public Works that the modification, if granted, will not adversely affect any foreseeable need for widening the street. 15, Interior Side yard setbacks in the R-M, R-O and R-l zones for single-story additions to an existing dwelling or accessory building where said addition(s) totals more than thirty (30) linear feet. 16, Street side yard setbacks for first floor additions to existing dwellings or for accessory buildings, 17. In the R-O First One-Family zone and the R-l Second One-Family zone for any property with two or more one-family dwellings which are nonconforming uses, structures or buildings under Arcadia Municipal Code Sections 9251.1 and 9252.1.1: (a) For additional floor area, including covered patios to be added to the main dwelling on the lot: (b) Other alterations to the main dwelling which do not create additional space; (c) Required parking facilities for the main dwelling; (d) A swimming pool. There may be required as a condition of approval of the modification permit that plans be submitted for the removal or remodeling of any other nonconforming uses, structures and buildings to conform to the provisions of the Arcadia Municipal Code, In such case the condition may require the removal or remodeling of any such nonconforming use, structure and building prior to or concurrent with the alteration of improvement specified in (a), (b), (c) or (d) above. 18. Tennis and paddle Tennis Courts - construction and operations standards, 19. Window openings, balconies, decks and open stairways under Sections 9261,2.5,9262.2.5,9263,2,6. and 9265.2.4 of the Arcadia Municipal Code, 20, Accessory Living Quarters/Guest House - regulations pertaining to occu- pancy time limits, facilities for the preparation, heating or cooking of food, the number of bedrooms and the gross floor area, 9292,2,2. CREATION. There is hereby created a procedure whereby certain modifications to lots con- taining one single-family dwelling and accessory buildings in zones R-M, R-O, R-l and R-2 may be granted upon the approval of the Planning Division. 9292,2,3, AUTHORITY, Administrative modifications as may be necessary to secure an appropriate improvement may be granted upon the approval of the Planning Division, The -11- 1927 Planning Division shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Rear yard setbacks 2 Distance between buildings 3. Fence and wall heights along the side and rear property lines except along the street side of a corner lot. 4. Interior side yard setback(s) for single-story additions to an existing dwelling in the R-M, R-O and R-l zones, where the portion of said addition(s) which does not comply with the setback requirement consists of a total of thirty (30) linear feet or less and maintain(s) the same or greater setback than the existing building wall; and provided that a minimum interior side yard setback of three (3) feet in the R-l zone and five (5) feet in the R-M and R-O zones is maintained. Section 8, APPLICATION OF ORDINANCE. Plans submitted to the Homeowners Associations Architectural Review Boards (ARBs) by September 7, 1990 may be submitted under the existing code requirements, All plans submitted to the ARBs after September 7 are subject to the new regulations. Section 9, APPLICATION OF ORDINANCE. Plans submitted to the City of Arcadia Building Department (other than in the ARB areas) by October 4, 1990 may be submitted under the existing code requirements. All plans submitted to the City after October 4 are subject to the new regulations. Section 10, The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 4 t h day of Sep t errt:>e r 1990. ~tI~~. (l1U-/~r Mayor 0 e City f Arcadi ATTEST: " ~J -12- 1927 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE 0, ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No, 1927 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council on the 4 t h day of Sep t erme r 1990, and that said Ordinance was adopted by the following vote, to wit: AYES: Counci ImenDer Ciraulo, Fasching, Gi Ib and Young NOES: None ABSENT: Counci ImenDer Harbicht ~<"d~j~~~ Ci erk of the City :Arca ia -13- 1927