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HomeMy WebLinkAbout1897 ORDINANCE NO. 1897 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE R-l REGULATIONS TO ALLOW A MAXIMUM FIREPLACE ENCROACHMENT IN THE SIDE YARD SETBACK OF 1'-0" (T.A. 88-003). WHEREAS, text amendment 88-003 was initiated by the City for the consid- eration of amending the setback regulations in the R-l zone to allow a maximum encroachment of fireplaces into the side yard setback of 1'-0" and requiring a minimum of 3'-0" of open space between the fireplace and any adjacent wall, fence or structure. WHEREAS, a public hearing was held on September 27,1988, before the Planning Commission at which time all interested persons were given full oppor- tunity 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 November 1, 1988 and approved the amendment. WHEREAS, the City Council determines that the provisions of this ordinance as set forth herein provides more open space between fireplaces and adjacent walls, fences or structures and lessens the visual impact of fireplace encroachment into the side yard setback. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That "Exception 3" of Sections 9252.2.4, 9252.2.5, 9252.2.11.1 and 9252.2.11.2 of the R-l zone should be amended to read: "3) Fireplaces not exceeding eight (8) feet in width which do not project more than one (1) foot from the building wall and providing that there is maintained a minimum distance of three (3) feet between said fireplace and any adjacent wall, fence or structure." Section 2. That Section 9283.8.3. be amended to read as follows: "EXCEPTION. Within the R-M and R-O zones fireplaces may project into the side yard a greater distance than set forth above, provided that a minimum side yard setback of thirty-six inches (36") is maintained to said -1- 1897 fireplace and that said fireplace does not project more than twenty-four inches (24") into said side yard." "EXCEPTION. Within the R-l Zone, fireplaces may project a maximum of twelve inches (12") provided that a minimum side yard setback of thirty-six inches (36") is maintained between said fireplace and any adjacent wall, fence or structure. " Section 3. APPLICATION OF ORDINANCE REQUIREMENTS. a. To assure fairness and predictability for the processing of projects pending the effective date of this Ordinance, to minimize the cost effect on pending projects and to provide an orderly and expeditious transition for the benefit of the public by avoiding the abrupt denial of building permits for submitted but unapproved plans as subject Ordinance takes effect, subsection b (below) shall apply to provide a reasonable transition for application of this Ordinance. b. The new (revised) requirements of the City of Arcadia as set forth in Ordinance No. 1897 shall not apply to projects and developments (new homes and additions or alterations to existing homes) for which proper plans have been submitted to the City Building Department or a Homeowner Association Architectural Review Board on or before midnight December 6, 1988. Section 14. 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 6th day of December 1988. L~d/~ Mayor of the City of Arcadia ATTEST: J. ia -2- 1897 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1897 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 6th day of December 1988, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Gilb, Lojeski, Young and Harbicht NOES: None ABSENT: None J -3- 1897