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HomeMy WebLinkAbout2173 ORDINANCE NO. 2173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING DIVISIONS 1 AND 2 OF ARTICLE IX, CHAPTER 2, PART 5 OF THE ARCADIA MUNICIPAL CODE REGARDING R-O AND R-1 RESIDENTIAL ZONES WHEREAS, this text amendment (TA 02-004) was initiated by the Development Services Department at the direction of the City Council to address revisions to the Arcadia Municipal Code relating to the scale, mass and bulk of residential dwellings; and WHEREAS, public hearings were held on October 22 and December 10 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 recommended approval of this text amendment subject to specific changes; and WHEREAS, a public hearing was held before the City Council on February 4, 2003, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council recognized that since adoption of new R-O and R-1 zoning regulations in 1999, there has been an observable change in the overall mass of dwellings at the front elevation from the street; however, the Code needs to be further refined to better address entries, architectural projections and street side yard setbacks; and WHEREAS, the City Council hereby finds that the proposed regulations should further address the issue of reducing mass, scale and bulk of buildings without significantly restricting property owners' rights; and WHEREAS, the City Council determines that based upon the evidence presented, the public necessity, convenience and general welfare justifies the proposed text change; and WHEREAS, The proposed text amendment will not have a potential for causing a significant effect on the environment and is, therefore, categorically exempt from the 2173 California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, Sections 15061(b)(3) and 15378(b)(2). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: Section 1. Exception 1 of Section 9252.2.1 of the Arcadia Municipal Code is amended to read: 1. No building shall have an entry exceeding a building height of fourteen (14) feet. "Entry" is defined as any portion of a building that provides access to the building, including any and all portions of the building directly above a porch and/or doorway, whether or not it is usable floor space, including, but not limited to, balconies, open air space, enclosed air space, attic space, decorative railings, columns and finials and dormers or vents. There shall be no vertical or architectural elements located above the entry that emphasize the scale and massing of the structure. Section 2. Section 9252.2.2 of the Arcadia Municipal Code is amended to read: 9252.2.2. FRONT YARD There shall be a front yard setback of not less than twenty-five (25) feet; provided that, where lots comprising sixty percent (60%) or more of the frontage in a city block are developed with larger front yard setbacks, the front yard setback for a lot proposed for development shall be the greater of (a) twenty-five (25) feet and (b) the average of the two (2) nearest developed lots at the time a building permit is issued, unless a greater setback is specified in Chapter 3 of this Article. No portion of any structure shall encroach through a plane projected from an angle of thirty (30) degrees as measured at the ground level along the front property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the front property line. Architectural features and projections, with the exception of roof eaves, shall not project into the required setback. There shall be no vertical or architectural elements located above the entry that emphasize the scale and massing of the structure. Section 3. Section 9252.2.3 of the Arcadia Municipal Code is amended to read: -2- 2173 9252.2.3. SIDE YARDS. There shall be a side yard on each side of a every building of not less than five (5) feet or ten percent (10%) of the lot width as measured at the front property line, whichever is greater. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and/or any portion of a second story including second story architectural features and wall shall be set back not less than ten (10) feet or twenty percent (20%) of the lot width, whichever is greater. 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. On lots having a width of seventy-five (75) feet or greater as measured at the front property line, any portion of a gable roof and wall thereunder which does not exceed a maximum height of twenty (20) feet and which encloses a portion of the first floor living area and/or interior stairwells which has no window(s) facing the side yard shall be permitted to encroach into the above-required setback. 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) feet and providing that there is maintained a minimum distance of five (5) feet between said fireplace and the side property line. Section 4. Section 9252.2.3.1 of the Arcadia Municipal Code is amended to read: 9252.2.3.1. SIDE YARD. CORNER LOT. On corner lots the required side yard setback adjoining the interior lot shall be as specified in Section 9252.2.3. The required side yard setback on the street side of a corner lot shall be not less than fifteen (15) feet, unless a greater setback is specified in Chapter 3 of this Article. Any garage opening directly upon a side street shall be located not less than twenty (20) feet from the side street line, unless a greater setback is specified in Chapter 3 of this Article. 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 .3- 2173 features and walls shall be set back 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 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. The second story or any portion of a first story in excess of 12'-0" high as measured from the finished grade level to the top plate shall be set back a minimum of five feet (5'-0") from the first story when facing the side yard on the street side of a corner lot. Expanses of flat building walls facing the side yard on the street side of a corner lot shall not exceed twenty-five (25) feet in width without providing architectural indentations and/or projections with a minimum depth of two (2) feet and a minimum width of six (6) feet so as to provide an opportunity for shade, shadow and visual relief. No architectural features shall be allowed within the street side yard set back. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback. Section 5. Section 9252.2.3.2 of the Arcadia Municipal Code is amended to read: 9252.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots the required side yard adjoining the interior lot shall be as specified in Section 9252.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty-five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and/or any portion of a second story including second story architectural features and wall shall be setback twenty (20) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. -4- 2173 The second story or any portion of a first story in excess of 12'-0" high as measured from the finished grade level to the top plate shall be set back a minimum of five feet (5'-0") from the first story when facing the side yard on the street side of a reverse corner lot. Expanses of fiat building walls facing the side yard on the street side of a corner lot shall not exceed twenty-five (25) feet in width without providing architectural indentations and/or projections with a minimum depth of two (2) feet and a minimum width of six (6) feet so as to provide an opportunity for shade, shadow and visual relief. No architectural features shall be allowed within the street side yard set back. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback. 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 front building setback line. Section 6. Section 9252.2.6.1 is added to the Arcadia Municipal Code to read: 9252.2.6.1. CIRCULAR DRIVEWAYS Lots with street frontage of 75'-0" or greater are eligible for circular driveways. On lots with more than one (1) street frontage, a circular driveway shall be located on the street frontage that is 75'-0" or greater; provided, however, that not more than one circular driveway shall be allowed for anyone lot. The circular driveway shall not have a width greater than fifteen (15) feet and the furthest point from the street of the circular driveway measured from the side of the circular driveway closest to the street shall be a minimum of twenty-five (25) feet measured perpendicular from the property line on the street to the furthest distance of the inside edge of the circular driveway. Pedestrian walkways and vehicular accessways shall not occupy more than forty percent (40%) of the required front yard or street side yard setback. -5- 2173 Exception: The Modification Committee upon appeal, pursuant to the modification regulations may grant a modification to allow a circular driveway on a lot with street frontage of less than 75'-0". Section 7. The Exception set forth In Section 9252.1.1 of the Arcadia Municipal Code is amended to read: 9252.1.1. SINGLE-FAMILY DWELLINGS. EXCEPTION. One (1) temporary or portable structure, with the exception of tents and canopies, not exceeding one hundred twenty (120) square feet in area and eight feet six inches (8'-6") in height is permitted. Said structure must comply with all setback requirements and, if applicable, be approved by the City's established Homeowners' Associations. Section 8. Section 9252.1.1.1 is added to the Arcadia Municipal Code to read: 9252.1.1.1 Tents and Canopies It shall be unlawful for any person, to erect, put in place or maintain in place, any tent, tent-house, canvas house or structure constructed of canvas, cloth or other fabric; any canopy or canopy structure constructed of canvas, cloth or other fabric or material. Exceptions: The provisions of this section shall not apply as follows: 1. Decorative canopies and awnings constructed as a component or feature of an overall architectural design. 2. Picnic umbrellas not in excess of ten (10) feet in diameter. 3. Temporary tents and canopies. Temporary tents and canopies of any size may be erected in any location with the exception of the front yard and/or street side yard setback areas on a parcel or lot for a period that is not in excess of three (3) days. Section 9. The Exception 1 of Section 9251.2.1 of the Arcadia Municipal Code is amended to read: 1. No building shall have an entry exceeding a building height of fourteen (14) feet. "Entry" is defined as any portion of a building that provides access to the building, including any and all portions of the building directly above a porch, and/or doorway, whether or not it is usable floor space, including, but not limited to, balconies, open air space, enclosed air space, attic space, decorative railings, columns and finials and -6- 2173 dormers or vents. There shall be no vertical or architectural elements located above the entry that emphasize the scale and massing of the structure. Section 10. Section 9251.2.2 of the Arcadia Municipal Code is amended to read: 9251.2.2. FRONT YARD There shall be a front yard setback of not less than thirty-five (35) feet; provided that, where lots comprising sixty percent (60%) or more of the frontage in a city block are developed with larger front yard setbacks, the front yard setback for a lot proposed for development shall be the greater of (a) thirty five (35) feet; and (b) the average of the two (2) nearest developed lots at the time a building permit is issued, unless a greater setback is specified in Chapter 3 of this Article. No portion of any structure shall encroach through a plane projected from an angle of thirty (30) degrees as measured at the ground level along the front property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the front property line. Architectural features and projections, with the exception of roof eaves, shall not project into the required setback. There shall be no vertical or architectural elements located above the entry that emphasize the scale and massing of the structure. Section 11. Section 9251.2.3 of the Arcadia Municipal Code is amended to read: 9251.2.3. SIDE YARDS. There shall be a side yard on each side of a every building of not less than ten (10) feet or ten percent (10%) of the lot width as measured at the front property line, whichever is greater. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and/or any portion of a second story including second story architectural features and wall shall be set back not less than fifteen (15) feet or twenty percent (20%) of the lot width whichever is greater. 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: -7- 2173 1. On lots having a width of seventy-five (75) feet or greater as measured at the front property line, any portion of a gable roof and wall thereunder which does not exceed a maximum height of twenty (20) feet and which encloses a portion of the first floor living area and/or interior stairwells which has no window(s) facing the side yard shall be permitted to encroach into the above-required setback. 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) feet and providing that there is maintained a minimum distance of five (5) feet between said fireplace and the side property line. Section 12. Section 9251.2.3.1 of the Arcadia Municipal Code is amended to read: 9251.2.3.1. SIDE YARD. CORNER LOT. On corner lots the required side yard setback adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard setback on the street side of a corner lot shall be not less than twenty (20), unless a greater setback is specified in Chapter 3 of this Article. 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 set back not less than twenty (20) feet or twenty percent (20%) of the width of the lot as measured at the front property line; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. 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. The second story or any portion of a first story in excess of 12'-0" high as measured from the finished grade level to the top plate shall be set back a minimum of five feet (5'-0") from the first story when facing the side yard on the street side of a corner lot. Expanses of flat building walls facing the side yard on the street side of a corner lot shall not exceed twenty-five (25) feet in width without providing architectural indentations and/or projections with a minimum depth of two (2) feet and a minimum width of six (6) feet so as to provide an opportunity for shade, shadow and visual relief. No architectural features shall be allowed within the street side yard set back. -8- 2173 No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback. Section 13. Section 9251.2.3.2 of the Arcadia Municipal Code is amended to read: 9251.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty-five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and/or any portion of a second story including second story architectural features and wall shall be setback twenty (20) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The second story or any portion of a first story in excess of 12'-0" high as measured from the finished grade level to the top plate shall be set back a minimum of five feet (5'-0") from the first story when facing the side yard on the street side of a reverse corner lot. Expanses of flat building walls facing the side yard on the street side of a corner lot shall not exceed twenty-five (25) feet in width without providing architectural indentations and/or projections with a minimum depth of two (2) feet and a minimum width of six (6) feet so as to provide an opportunity for shade, shadow and visual relief. No architectural features shall be allowed within the street side yard set back. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. -9- 2173 Architectural projections, with the exception of building eaves shall not project into the required setback. 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 front setback line. Section 14. Section 9251.2.6.1 is added to the Arcadia Municipal Code to read: 9251.2.6.1. CIRCULAR DRIVEWAYS Lots with street frontage of 75'-0" or greater are eligible for circular driveways. On lots with more than one (1) street frontage, a circular driveway shall be located on the street frontage that is 75'-0" or greater; provided, however, that not more than one circular driveway shall be allowed for anyone lot. The circular driveway shall not have a width greater than fifteen (15) feet and the furthest point from the street of the circular driveway measured from the side of the circular driveway closest to the street shall be a minimum of twenty-five (25) feet measured perpendicular from the property line on the street to the furthest distance of the inside edge of the circular driveway. Pedestrian walkways and vehicular accessways shall not occupy more than forty percent (40%) of the required front yard or street side yard setback. Exception: The Modification Committee, upon appeal, pursuant to the modification regulations may grant a modification to allow a circular driveway on a lot with street frontage of less than 75'-0". Section 15. The Exception to Section 9251.1.1 is amended to read: 9251.1.1. SINGLE-FAMILY DWELLINGS. EXCEPTION. One (1) temporary or portable structure, with the exception of tents and canopies, not exceeding one hundred twenty (120) square feet in area and eight feet six inches (8'-6") in height is permitted. Said structure must comply with all setback requirements and, if applicable, be approved by the City's established Homeowners' Associations. Section 16. Section 9251.1.1.1 is added to the Arcadia Municipal Code to read: 9251.1.1.1 Tents and Canopies -10- 2173 It shall be unlawful for any person, to erect, put in place or maintain in place, any tent, tent-house, canvas house or structure constructed of canvas, cloth or other fabric; any canopy or canopy structure constructed of canvas, cloth or other fabric or material. Exceptions: The provisions of this section shall not apply as follows: 1. Decorative canopies and awnings constructed as a component or feature of an overall architectural design. 2. Picnic umbrellas not in excess of ten (10) feet in diameter. 3. Temporary tents and canopies. Temporary tents and canopies of any size may be erected in any location with the exception of the front yard and/or street side yard setback areas on a parcel or lot for a period that is not in excess of three (3) days. Section 17. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy or summary of the same to be published in the official newspaper of said City within fifteen (5) days of its adoption. This ordinance shall take effect thirty-one (31) days after its adoption, in accordance with the provisions of California law. Passed, approved and adopted this 18th day of February ,2003. IiJ d. 'fr;Jde- /Mayor of the City of Arcadia ATTEST: ;j C APPROVED AS TO FOR,M: ~p~ City Attorney -11- 2173 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No.2 I 73 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 held on the 18th day of February, 2003 and that said Ordinance was adopted by the following vote, to wit: A YES: Councilmembers Chang, Kovacic, Segal, Wuo and Marshall NOES: None ABSENT: None / L><-'- /l~ -(- <~ g' y Clerk of the C' lof Arcadia 12 2173