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HomeMy WebLinkAbout2114 v ORDINANCE NO. 2114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REVISING IN ITS ENTIRETY, ARTICLE IX, CHAPTER 2, PART 5, DIVISIONS 1 AND 2 OF THE ARCADIA MUNICIPAL CODE RELATING TO THE R-O AND R-1 SINGLE FAMILY ZONES WHEREAS, this text amendment (TA 99-004) 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 in addition to incorporate all sections of the Arcadia Municipal Code relating to R-O and R-1 single-family development into comprehensive Divisions that address all residential requirements. WHEREAS, public hearings were held on April 13, May 11 and June 8 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 July 20, 1999, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council recognized that many dwellings are being constructed in the community which are significantly larger and more massive than the traditional ranch-style homes that are the predominant architectural style throughout the City, and that although some regulations adopted in the past have been effective in increasing the setbacks and building heights of new dwellings, the proposed regulations should further help to reduce the mass and scale of single-family dwellings to provide more compatibility within neighborhoods; and WHEREAS, the City Council hereby finds that the proposed regulations should address the issue of reducing mass, scale and bulk of buildings without significantly restricting property owners' rights; and -1- 2114 WHEREAS, the City Council determines that based upon the evidence presented, the public necessity, convenience and general welfare justifies the proposed text change. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Article IX, Chapter 2, Part 5, Divisions 1 And 2 of the Arcadia Municipal Code relating to the R-O And R-1 Single Family Zones shall be revised in their entirety as set forth in attached Exhibits A and B. Section 2. 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 7th day of Seotember , 1999. ATTEST: h ia Approved as to Form: J:f.iM(,l c~ - 2- 2114 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. 2114 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 7th day of September, 1999 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Harbicht, Marshall, Kovacic, Roncelli and Chandler NOES: None ABSENT: None A 3 2114 EXHIBIT A 2114 R-O Regulations ARTICLE IX CHAPTER 2 PART 5 DIVISION 1. R-O 30,000, 22,000, 15,000, 12,500 FIRST ONE-FAMILY ZONE TITLE 1. USES PERMITTED 9251.1. GENERAL. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the uses specified in the following subsections. 9251.1.1. SINGLE-FAMILY DWELLINGS. Every dwelling hereafter erected shall be located on a lot as defined in Part 2 of this Chapter. There shall be no more than one (I) single-family dwelling and private garages, accessory buildings and carports of a permanent character and placed In a permanent location on one such lot. Said dwelling shall contain not less than one thousand two hundred (1,200) square feet of floor area, exclusive of porches, garages, entries, patios and basements. EXCEPTION. One temporary or portable structure, 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. 9251.1.2. ACCESSORY LIVING QUARTERS/ GUEST HOUSE. On lots containing fifteen thousand (15,000) or more square feet there may be an accessory living quarters/guest house contained in only one (1) freestanding accessory building. 9251.1.3. CROPS. Private greenhouses and horticultural collections (grown in the ground); fruit and vegetable gardens, fruit trees, nut trees; sale of only the products produced on the premises. 9251.1.4. SMALL ANIMALS AND FOWL. Small animals and fowl shall include rabbits, poultry, domestic fowl, goats and sheep. The raising or keeping for domestic noncommercial use of not to exceed a total of ten (10) fowl or birds; the raising or keeping of homing pigeons under such regulations as may be imposed elsewhere in the Code; and total of not to exceed five (5) small animals (and the offspring of each thereof until such offspring is capable of being raised or maintained separately from and independently of full grown members of the same species); provided that the keeping -1- Exhibit A - Ordinance 2114 R-O Regulations of all small animals provided for herein shall conform to other provisions of law .governing same. 9251.1.4.1. EQUINE ANIMALS. The keeping of not more than two (2) equine animals for the use of the family occupying the lot on sites having an area of not less than sixteen thousand (16,000) square feet entirely within the boundary lines of a single lot as such lot is shown on the subdivision map recorded in the office of the County Recorder. One (I) additional equine animal may be kept for each additional five thousand (5,000) square feet over the minimum sixteen thousand (16,000) square feet. Not more than a total of five (5) equine animals of any age shall be kept on anyone lot. The keeping of such equine animals provided for herein shall conform to other provisions of law governing same. For the purpose of this Section "Equine Animals" shall also include llamas and alpacas. 9251.1.5. SIGNS. No signs, sign structures or sign devices of any character shall be permitted in any R-O First One-Family Zone, except unlighted signs as hereinafter specified in this Title. 9251.1.5.1. IDENTIFICATION SIGNS. Each dwelling unit shall have its street number posted so as to be easily seen from the street. One (I) sign of not to exceed one (1) square feet in area and containing only the name and address of the occupant shall be allowed. 9251.1.5.2. TEMPORARY SIGNS. The following signs shall be permitted on a temporary basis only and shall be located at least ten (10) feet from adjoining premises and at least five (5) feet from a paved roadway, provided that where any sidewalk exists, the location shall be at least three (3) feet from the sidewalk in the direction of the residence. 1 f a wall or hedge prevents a sign from being located as provided in this Division, the sign may be placed immediately adjacent to the wall or hedge. No sign shall be placed in a location that interferes with the visibility of vehicular ingress or egress to the property or adjoining properties as per the standards provided in the Community Development Division or where such signs may interfere with or be confused with any traffic signal or device. 9251.1.5.2.1. TEMPORARY SIGNS FOR ADVERTISING PROPERTY FOR SALE, LEASE OR RENT. (a) One (I) sign not to exceed three (3) feet in height nor four (4) square feet in -2- Exhibit A - Ordinance 2114 R-O Regulations . area per face for the purpose of advertising the property for sale, lease or rent, except corner property may have two (2) such signs. In lieu of such sign, one (I) sign not exceeding four (4) square feet in area per face may be mounted on a decorative post and arm not exceeding six (6) feet in height and of a design approved by the Community Development Division. Flags, banners pennants, balloons, streamers and similar attention attracting displays are not permitted. (b) Under each "For Sale" sign, three (3) smaller signs not to exceed six inches by twenty-four inches (6" x 24") may be attached to the sign or sign support. (c) One (I) directional arrow-type sIgn not to exceed three (3) square feet pointing to the premises for sale, lease or rent. The sign may contain the words "Open House", on both sign faces. (d) One (I) directional arrow-type sign not to exceed three (3) square feet in area may be placed at a street intersection pointing toward the "Open House" during daylight hours, provided that the house offered for sale is open and attended by the owner or an authorized representative of the owner during any time the sign is in place. Such directional arrow-type sign may be placed in the public parkway area adjacent to private property or may be placed on private property if the owner of said property consents to such use of his property. Any such directional arrow-type sign shall be located at least ten (10) feet from adjoining premises and at least three (3) feet from the sidewalk in the direction of the residence, or if no sidewalk exists, then at least five (5) feet from a paved roadway. Signs are not permitted in median strips. Advertising copy may be placed on both sign faces. (e) Two (2) temporary signs of not to exceed a total thirty-two square feet in area each, advertising the property for sale, erected and maintained in a new subdivision during the period an active sales campaign is being conducted for such subdivision but in no event for a period longer than six (6) months. (f) Six (6) temporary signs of not to exceed a total of four (4) square feet in area each giving the names of the contractors, engineers, architects and lending institution during the period of construction on the premises. The location of such signs shall be shown on the building plans and shall be -3- Exhibit A - Ordinance 2114 R-O Regulations removed prior to issuance of a certificate of occupancy for the premises. 9251.1.5.2.2. TEMPORARY ELECTION SIGNS. Temporary election signs shall be permitted in addition to other permitted signs subject to the following: (a) Any person who displays a temporary election sign or any person who owns or possesses the property on which a temporary sign is located shall not display such sign(s) earlier than forty-five days prior to the scheduled election date and shall be removed within ten (IO) calendar days after the date of the scheduled date to which it relates. (b) No person shall erect, maintain or display a temporary election sign in excess of thirty-two (32) square feet in total area, or sixteen (I6) square feet in area per face whichever is less. No person shall erect, maintain or display temporary election signs with a total aggregate area on a given lot in excess of eighty (80) square feet. (c) No person shall erect, maintain or display a temporary election sign which interferes with the visibility of vehicular ingress or egress to any lot. All temporary election signs shall comply with the visibility standards for driveways and intersections on file with the Community Development Division. No person shall erect, maintain or display a temporary election sign which interferes with or can be confused with any traffic signal or device. (d) After twenty-four (24) hours' written notice is personally served on a candidate, proponent or to a person who owns or possesses property to remove an illegally displayed, erected or maintained temporary election sign, the Building Official or his designee may summarily remove said sign. DIVISION 1. R-O 30,000, 22,000, 15,000, 12,500 FIRST ONE-FAMILY ZONE TITLE 2. REGULATIONS 9251.2. GENERAL. The regulations set forth in this Title shall apply in the R-O First One-Family Zone unless otherwise provided in this Chapter. EXCEPTION. Nonconforming buildings and structures for which construction was commenced and completed in conformance with the Arcadia Municipal Code under the authority of a valid building permit need not be brought into conformance -4- Exhibit A - Ordinance 2114 R-O Regulations with the following regulations unless destroyed and/or altered to the extent of more than fifty percent (50%) of its gross floor area. All additions to aforesaid nonconforming buildings and structures shall comply with the regulations set forth in this title. 9251.2.1. BUILDING HEIGHT. Building height for a single family dwelling or an accessory structure is measured from the average of the lowest and highest existing grade elevation points of that portion of the site to be covered by a building, to the highest portion of the roof (excluding chimneys). See illustration below: r I Ill.lildlf11 Htl&h.1 I l..Mo<l'l~ld'lt:1li (I~ad. pUrll .4.,'tR8...i,ti:"l!l: gUldcdn"Alior, ~led.lll'l!l: pdlpotnt The above mentioned points of the existing grade are to be clearly shown on the grading and drainage plan that is required to be submitted with the structural plans for new single family developments or substantial additions or alterations. No dwelling shall contain more than two (2) stories nor shall any dwelling, including flagpoles, chimneys, smokestacks, 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) pursuant to the modification regulations: Maximum Bui/din!!. Height 25 feet 30 feet Lot Width Less than 75 feet 75 feet or greater Exceptions: I. No dwelling set back less than seventy-five (75) feet from the front property line shall have an entry exceeding a building height offourteen feet (14' -0"). 2. On anyone lot, only one wireless radio antenna and its mast or tower may have an overall maximum height of thirty-five (35) feet when attached to and an integral part of the main dwelling. 3. Chimneys, including the required spark arrestor and any decorative caps may be allowed to extend a maximum of three (3) feet above the roofline if necessary for -5- Exhibit A - Ordinance 2114 R-O Regulations compliance with Building Code requirements, but in no case shall a chimney be less than the minimum height required by the Building Code. 9251.2.1.1. EQUIPMENT AND FACILITIES. Mechanical and plumbing equipment including but not limited to ventilating fans, heating, cooling and air conditioning equipment, any water heaters, spa and pool equipment and other similar equipment shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front or side yard setback, and shall not be set back less than three (3) feet from a rear lot line. 9251.2.2. FRONT YARD. There shall be a front yard of not less thirty-five (35) feet; provided that where lots comprising sixty percent (60%) or more of the frontage in a block are developed with larger front yards, the front yard for a lot proposed for development shall be 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. 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 defined in this Chapter) 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 (IS) 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 75'-0" or greater as measured at the front property line, any portion of a gable roof and wall -6- Exhibit A - Ordinance 2114 R-O Regulations 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. 9251.2.3.1. SIDE YARD. CORNER LOT. On comer 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 comer lot shall be not less than twenty (20) feet. 9251.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse comer 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 comer lot shaH be not less than twenty (20) feet. 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 not less than twenty (20) feet from the street side lot line 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. 9251.2.4. REAR YARD. There shall be a rear yard of not less than thirty-five (35) feet. 9251.2.5. LOT COVERAGE. DEFINITION. 1. Lot coverage is the lot area covered by all permanent buildings and structures including but not limited to: covered porches and patios (including trellis covers) carports, porte-cocheres, storage sheds, playhouses, etc., on anyone lot measured from the outside walls exclusive of architectural features Exception: The following uses and features shall not count toward "lot coverage": -7- Exhibit A - Ordinance 2114 R-O Regulations (a) Uncovered swimming pools and spas, tennis courts and other athletic and/or recreational surfaces that are not more than eighteen (18) inches above the adjacent finished grade at any point. (b) Basements that do not extend above the level of the first floor of the building nor eighteen (18) inches above the adjacent finished grade at any point. (c) Open and uncovered porches, platforms landing places, decks, steps and/or stairways, and walkways that are not more than eighteen (18) inches above the adjacent finished grade at any point. 2. If ambiguity exists with reference to the interpretation of what is to be counted toward lot coverage, it shall be the duty of the Community Development Administrator to ascertain all pertinent facts and make a final determination thereof consistent with applicable criteria. 9251.2.5.1. LOT COVERAGE. LIMITS. The combined ground floor area of all buildings on anyone lot shall not exceed forty-five percent (45%) of the total area of the lot for single-story homes. The combined ground floor area of all buildings on anyone lot shall not exceed thirty-five percent (35%) of the total area of the lot for two-story homes. 9251.2.6. PARKING. There shall be not less than two (2) parking spaces on the same site as the main building in an enclosed garage. For new dwellings or rebuilds having five (5) or more bedrooms, one additional parking space shall be provided within an enclosed garage. Each required parking space shall be not less than ten (10) feet wide, nor less than twenty (20) feet long. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) foot turning radius and/or a minimum of twenty- five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of 75 degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway not less than nine (9) feet in width. All areas intended for vehicular use shall be paved with asphalt cement or concrete. -8- Exhibit A - Ordinance 2114 R-O Regulations On lots less than 100'-0" in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots 100' -0" or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and/or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant. to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage. 9251.2.7. ARCHITECTURAL FEATURES DEFINITION. Architectural features are items attached to a building or structure to enhance its appearance but do not provide floor space. Architectural features include belt courses, buttresses, chimneys, cornices, eaves, fireplaces, pilasters, pillars, sills, and window seats. 9251.2.7.1. ARCHITECTURAL FEATURES. FRONT YARD SETBACK. Architectural features may extend or project into a required front yard setback not more than thirty (30) inches. 9251.2.7.2. ARCHITECTURAL FEATURES. SIDE YARD SETBACKS. FIRST FLOOR. I. Architectural features (excepting chimneys, eaves, fireplaces and pillars) may extend or project into a side yard setback not more than two (2) inches for each one (1) foot of the width of such side yard. 2. Eaves may extend or project a maximum of thirty (30) inches beyond the required setback on the first floor. 3. Fireplaces not exceeding eight (8) feet in width and their chimneys not exceeding four (4) feet in width at any point may project two (2) feet into a required side yard setback provided the overall height does not exceed the height limit prescribed in this Chapter and that there is a minimum distance of five (5) feet between said fireplace and the adjacent property line. Exception: On lots less than fifty (50) feet wide, fireplaces not exceeding eight (8) feet in width and their chimneys not exceeding four (4) feet in width at any point may project two (2) feet into a required side yard setback provided the overall height does -9- Exhibit A - Ordinance 2114 R-O Regulations not exceed the height limit prescribed in this Chapter, and provided that there IS maintained a minimum distance of three (3) feet between the chimney and the property line. 4. Pillars may not encroach into any required side yard setback. 9251.2.7.3. ARCHITECTURAL FEATURES. SIDE YARD SETBACKS. SECOND FLOOR. 1. Architectural features (not including chimneys, eaves, and fireplaces) may not encroach into any required second floor side yard setback. 2. Eaves may extend or project a maximum of thirty (30) inches into the required setback on the second floor. 3. Fireplaces not exceeding eight (8) feet in width and their chimneys not exceeding two (2) feet in width at any point may project one (I) foot into a required second floor side yard setback provided the overall height does not exceed the height limit prescribed in this Chapter. 9251.2.7.4. ARCHITECTURAL FEATURES. REAR YARD SETBACK. Architectural features may extend or project into a required rear yard setback not more than thirty (30) inches. 9251.2.8. OPEN AND UNCOVERED PORCHES, LANDINGS, STEPS AND/OR ST AIRWAYS, DECKS, PLATFORMS AND WALKWAYS. Open and uncovered porches, platforms, landing places, decks, steps and/or stairways, and walkways attached to the main building which do not extend above the level of the first floor of the building nor eighteen (18) inches above the adjacent finished grade may extend into any front, side or rear yard not more than six (6) feet; provided, however, that any such porch, platform, landing place, deck, steps and/or stairways, or walkway is set back a minimum of five (5) feet from any property line. An openwork railing of the minimum height required by the Building Code may be installed on any such porch, platform, landing place, deck, steps and/or stairways, or walkway. 9251.2.9. ACCESSORY BUILDINGS. DEFINITION. Accessory means a building, part of a building or structure, or a use which IS subordinate to and the use of which IS incidental to that of the main dwelling or use on the same lot. Where the wall of an accessory building is a part of or joined to the wall of the main dwelling, such accessory building shall be counted as part ofthe main dwelling. -10- Exhibit A - Ordinance 2114 R-O Regulations 9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings shall not occupy more than 25% of a required rear yard and shall not be located within three (3) feet of a rear lot line nor within ten (10) feet of another building. Accessory buildings utilized for occupancy shall not be located within ten (10) feet of a rear lot line, nor within ten (10) feet of another building. An accessory building shall not have more than one story, contain no more than one room and a bathroom, and shall not exceed sixteen (16) feet in height. Bathroom facilities for accessory buildings shall be limited to one , three-quarter (3/4) bathroom (i.e., one toilet, one lavatory and one stall shower). On comer lots an accessory portion of a main dwelling that does not exceed one (I) story and 16 feet in height may be located not less than twenty-five (25) feet from the rear property line. The required side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division. The total floor area of accessory building, including, accessory living quarters/guest houses and accessory portions of a main dwelling shall not exceed 50% of the ground floor living area of the main dwelling. 9251.2.9.2. ACCESSORY LIVING QUARTERS/GUEST HOUSE. DEFINITION. Accessory living quarters/guest houses are living quarters within an accessory building for the sole use of members of the family occupying the main building; persons employed by and rendering services exclusively to the family occupying the main building and rendering such services primarily on the property; and/or the temporary use by guests of the family occupying the main building. 9251.2.10.3. ACCESSORY LIVING QUARTERS/GUEST HOUSE. REGULATIONS. Accessory living quarters/guest houses shall comply with the following regulations: I. Accessory living quarters/guest houses may be temporarily used by guests of the family occupying the main building; provided, that such use shall not exceed a total of thirty (30) days during each calendar year. 2. Accessory living quarters/guest houses shall not contain a separate room for the preparation of food, and shall not contain facilities for the heating or cooking of food. 3. Plumbing facilities for accessory living quarters/guest houses shall be limited -11- Exhibit A - Ordinance 2114 R-O Regulations to one bathroom comprised of one toilet, one lavatory & one bathtub with or without a shower head; a water heater not to exceed a capacity of 40 gallons, a gas line for a wall or forced-air heating unit, and a single-basin bar-type sink. 4. Accessory living quarters/guest houses shall not exceed six hundred (600) square feet of gross floor area and shall not contain more than one (1) bedroom, one living room and one bathroom. Every room within an accessory living quarters/guest house other than a living room and a bathroom shall be deemed to be a bedroom whether so designated or not. 5. Every accessory living quarters/guest house shall comply with the space and occupancy standards of the Uniform Housing Code, in addition to the other applicable regulations. 6. Accessory living quarters/guest houses shall not be rented or otherwise used as separate dwelling units. 7. A covenant in a form approved by the City Attorney shall be required to be filed for each accessory living quarters/guest house, acknowledging that the accessory living quarters/guest house IS not an additional dwelling unit, and is not to be rented. The property owner is responsible for providing any and all documents and fees necessary for the drafting, execution, and recordation of the covenant. 8. Accessory living quarters/guest houses shall not be attached to any other accessory use or structure and shall not be within ten (10) feet of another building, shall not have more than one (1) story and shall not exceed sixteen (16) feet in height, and shall comply with all of the yard and setback requirements of a main dwelling. 9251.2.11. SWIMMING POOLS AND SPAS. Private swimming pools and spas may not be constructed and maintained in any required front yard, nor within five (5) feet of any side or rear lot line, nor within twenty (20) feet of the property line on the street side of a corner lot. The open and uncovered portions of such pools or spas shall be deemed as open and unobstructed areas for the purposes of computing yard and area requirements. 9251.2.12 MODIFICA nONS FOR NEW DWELLINGS AND REBUILDS. Any side, front or rear yard setback modification requests for a new dwelling and/or a rebuild or any second story side yard setback modification request for an existing dwelling shall be subject to the -12- Exhibil A - Ordinance 2114 R-O Regulations approval of the Planning Commission or the City Council (upon appeal) pursuant to the modification regulations. 9251.2.13. FENCES, WALLS AND GATES. SAFETY PROTECTION. Openwork (i.e., a minimum of four [4] inches between vertical or horizontal members) fences, or guard railings for safety protection around ramps, stairs, changes in grade, etc., of the minimum height required by the Building Code may be located in any front yard, side or rear yard, except within the areas limited by the vehicular visibility standards provided for elsewhere in this Division. 9251.2.13.1 FENCES, WALLS AND GATES. FRONT YARD. Decorative fences and decorative columns with caps located in the front yard area shall not exceed four (4) feet in height. Said fences and walls shall be set back not less than three (3) feet from the front property line. The area between the property line and the fence shall be planted with decorative landscaping. Chain link or wire type fencing shall not be allowed in the front yard or street side yard areas, unless used as a temporary construction fence. No solid decorative walls greater than two (2) feet in height shall be allowed in the front yard area. Decorative shall mean aesthetically significant in design and construction with a non-detracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties. A column is the vertical supporting member located between fencing or which flanks a gate entrance. A decorative column IS a vertical supporting member with an aesthetically significant textured surface, including, but not limited to stucco, split- face, stone4 veneer, brick veneer, wood veneer, solid stone, solid brick, solid wood and glass block. A cap is the horizontal surface atop a column. All decorative fences, walls, gates, columns, posts and caps shall be subject to Community Development Division review and approval. EXCEPTIONS: (a) Any arched or curving portions of a decorative fence/gate shall not exceed six (6) inches in height above the four (4) feet height maximum for fence/column height. (b) Decorative front gate entrances with decorative columns shall not exceed five (5) feet in height. 9251.2.13.2 FENCES, WALLS AND GATES. CORNER LOTS. On comer lots, fences and walls within the required street side yard setback -13- Exhibit A - Ordinance 2114 R-O Regulations shall not exceed five (5) feet in height, measured at the street side property line. Said fences and walls shall be set back not less than eighteen (I 8) inches from the street side yard property line. The area between the property line and the fence shall be planted with decorative landscaping. 9251.2.13.3. FENCES, WALLS AND GATES. SIDE AND REAR YARDS. Fences, walls and gates not more than six (6) feet in height, may be located along the side or rear lot lines, provided such fence, wall or gate does not extend into the required front yard, nor into the side yard required along the side street on a comer lot, nor in the case of a comer lot into that portion of the rear yard abutting the intersecting street wherein accessory buildings are prohibited. 9251.2.13.4. FENCES, WALLS AND GATES SPECIAL SETBACKS. Fences, walls and gates within a front yard setback as specified in Arcadia Municipal Code Section 9320 if not more than four (4) feet in height, may be located not less than three (3) feet from the front property line provided that said fence or wall does not interfere with the visibility or vehicular ingress and egress to the property and adjoining properties as per the standards on file with the Community Development Division. The area between the property line and the fence shall be planted with decorative landscaping. EXCEPTION: Fences, walls and gates within a special setback along a street side property line may not exceed five (5) feet in height, measured at the street side property line. Said fences, walls and gates shall be set back not less than eighteen (I 8) inches from the front property line. The area between the property line and the fence shall be planted with decorative landscaping. 9251.2.13.5. FENCES, WALLS AND GATES. DESIGN ELEMENTS. (a) Decorative fences with decorative columns located in the front yard area shall be of open work design (i.e., a minimum of four (4) inches between vertical or horizontal members). Said fences with columns extending from the front property line along the side property line, shall not exceed four (4) feet in height and shall be a compatible continuation of the fence and columns along the front property line. (b) Columns including caps or posts shall not exceed four (4) feet in height and placed at horizontal intervals no less than seven (7) feet, six (6) inches apart measured between the columns. Said columns or posts shall not have any horizontal dimension -14- Exhibit A - Ordinance 2114 R-O Regulations greater than twenty-four (24) inches and caps atop said columns shall not have any horizontal dimension greater than thirty (30) inches. (c) Decorative lights may be attached to decorative columns, posts, walls or fences within the front yard or street side yard areas and shall be limited to entry points at driveways and pedestrian entrances only, and shall not exceed twelve (12) inches in height above the maximum fence/column height. (d) Solid decorative walls extending from the front property line, located along the front side property lines, shall not exceed two (2) feet in height above adjacent grade. Decorative open work fencing may be placed atop the solid decorative wall, not to exceed a combined total height of four (4) feet to four (4) feet, six (6) inches above adjacent grade. (e) Where a front property line abuts an existing sidewalk, proposed fences and walls shall be set back a minimum of three (3) feet from said sidewalk. The area between the property line and the fence shall be planted with decorative landscaping. (f) Where a street side yard property line abuts an existing sidewalk, proposed fences and walls shall be set back a minimum of eighteen (18) inches from said sidewalk. The area between the property line and the fence shall be planted with decorative landscaping. 9251.2.14. VEmCULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. Within twenty-five (25) feet of an intersection of a vehicular way with a vehicular and/or pedestrian way; no buildings, structures, fences, walls, shrubs, landscape architectural features or dense landscaping shall exceed a height of three (3) feet as measured from the surface of the vehicular ways. Exception: Open work fences as defined in this section may be 4' -0" in height. 9251.2.14.1. MOTOR VEHICLE LIMIT A TIONS - REQUIREMENTS. No more than four (4) motor vehicles shall be parked in the open, that is in a manner whereby the vehicles are visible from the adjacent public rights-of-way, on any single-family residential lot for more than five (5) consecutive days. The term "motor vehicles" as used in these Sections shall not include the following vehicles: trucks one ton or larger, registered commercial vehicles, motorcycles, -15- Exhibit A - Ordinance 2114 R-O Regulations motorbikes, buses, motorhomes, trailers, boats and housecars. 9251.2.14.2. MOTOR VEHICLE LIMITATIONS - REQUIREMENTS. COMMERCIAL VEHICLES. No commercial vehicles as defined by the California Vehicle Code which exceeds three (3) tons in unladen gross weight shall be parked or left standing from the hour of 7:00 p.m. of any day to 7:00 a.m. of the following day on any part of any property zoned or used for residential purposes. 9251.2.15. LANDSCAPING REQUIREMENTS. REQUIRED YARDS AND SETBACK AREAS. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently maintained in a neat and orderly manner. Pedestrian walkways and vehicular accessways shall not occupy more than forty percent (40%) of the required front yard. 9251.2.16. EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted a maximum of fifteen feet (15') above the adjacent finished floor level on any exterior wall or structure. -16- Exhibit A - Ordinance 2114 EXHIBIT B 2114 R-l Regulations ARTICLE IX CHAPTER 2 PART 5 DIVISION 2. R-115,000, 12,500, 10,000,7,500 SECOND ONE-FAMILY ZONE TITLE 1. USES PERMITTED 9252.1. GENERAL. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the uses specified in the following subsections. 9252.1.1. SINGLE-FAMILY DWELLINGS. Every dwelling hereafter erected shall be located on a lot as defined in Part 2 of this Chapter. There shall be no more than one (I) single-family dwelling and private garages, accessory buildings and carports of a permanent character and placed In a permanent location on one such lot. Said dwelling shall contain not less than one thousand two hundred (1,200) square feet of floor area, exclusive of porches, garages, entries, patios and basements. EXCEPTION. One temporary or portable structure, 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. 9252.1.2. ACCESSORY LIVING QUARTERS/ GUEST HOUSE. On lots containing fifteen thousand (15,000) or more square feet there may be an accessory living quarters/guest house contained in only one (I) freestanding accessory building. 9252.1.3. CROPS. Private greenhouses and horticultural collections (grown in the ground); fruit and vegetable gardens, fruit trees, nut trees; sale of only the products produced on the premtses. 9252.1.4. SMALL ANIMALS AND FOWL. Small animals and fowl shall include rabbits, poultry, domestic fowl, goats and sheep. The raising or keeping for domestic noncommercial use of not to exceed a total of ten (10) fowl or birds; the raising or keeping of homing pigeons under such regulations as may be imposed elsewhere in the Code; and a total of not to exceed five (5) small animals (and the offspring of each thereof until such offspring is capable of being raised or maintained separately from and independently of full grown members of the same species); provided that the keeping -1- Exhibit B - Ordinance 2114 R-l Regulations of all small animals provided for herein shall conform to other provIsIOns of law governing same. 9252.1.4.1. EQUINE ANIMALS. The keeping of not more than two (2) equine animals for the use of the family occupying the lot on sites having an area of not less than sixteen thousand (16,000) square feet entirely within the boundary lines of a single lot as such lot is shown on the subdivision map recorded in the office of the County Recorder. One (1) additional equine animal may be kept for each additional five thousand (5,000) square feet over the minimum sixteen thousand (16,000) square feet. Not more than a total of five (5) equine animals of any age shall be kept on anyone lot. The keeping of such equine animals provided for herein shall conform to other provisions of law governing same. For the purpose of this Section "Equine Animals" shall also include llamas and alpacas. 9252.1.5. SIGNS. No signs, sign structures or sign devices of any character shall be permitted in any R-l Second One-Family Zone, except unlighted signs as hereinafter specified in this Title. 9252.1.5.1. IDENTIFICATION SIGNS. Each dwelling unit shall have its street number posted so as to be easily seen from the street. One (1) sign of not to exceed one (1) square feet in area and containing only the name and address of the occupant shall be allowed. 9252.1.5.2. TEMPORARY SIGNS. The following signs shall be permitted on a temporary basis only and shall be located at least ten (10) feet from adjoining premises and at least five (5) feet from a paved roadway, provided that where any sidewalk exists, the location shall be at least three (3) feet from the sidewalk in the direction of the residence. If a wall or hedge prevents a sign from being located as provided in this Division, the sign may be placed immediately adjacent to the wall or hedge. No sign shall be placed in a location that interferes with the visibility of vehicular ingress or egress to the property or adjoining properties as per the standards provided in the Community Development Division or where such signs may interfere with or be confused with any traffic signal or device. 9252.1.5.2.1. TEMPORARY SIGNS FOR ADVERTISING PROPERTY FOR SALE, LEASE OR RENT. (a) One (1) sign not to exceed three (3) feet in height nor four (4) square feet in -2- Exhibil B - Ordinance 2114 R-l Regulations area per face for the purpose of advertising the property for sale, lease or rent, except comer property may have two (2) such signs. In lieu of such sign, one (1) sign not exceeding four (4) square feet in area per face may be mounted on a decorative post and ann not exceeding six (6) feet in height and of a design approved by the Community Development Division. Flags, banners pennants, balloons, streamers and similar attention attracting displays are not permitted. (b) Under each "For Sale" sign, three (3) smaller signs not to exceed six inches by twenty-four inches (6" x 24") may be attached to the sign or sign support. (c) One (I) directional arrow-type sign not to exceed three (3) square feet pointing to the premises for sale, lease or rent. The sign may contain the words "Open House", on both sign faces. (d) One (1) directional arrow-type sign not to exceed three (3) square feet in area may be placed at a street intersection pointing toward the "Open House" during daylight hours, provided that the house offered for sale is open and attended by the owner or an authorized representative of the owner during any time the sign is in place. Such directional arrow-type sign may be placed in the public parkway area adjacent to private property or may be placed on private property if the owner of said property consents to such use of his property. Any such directional arrow-type sign shall be located at least ten (10) feet from adjoining premises and at least three (3) feet from the sidewalk in the direction of the residence, or if no sidewalk exists, then at least five (5) feet from a paved roadway. Signs are not permitted in median strips. Advertising copy may be placed on both sign faces. (e) Two (2) temporary signs of not to exceed a total thirty-two (32) square feet in area each, advertising the property for sale, erected and maintained in a new subdivision during the period an active sales campaign is being conducted for such subdivision but in no event for a period longer than six (6) months. (f) Six (6) temporary signs of not to exceed a total of four (4) square feet in area each giving the names of the contractors, engineers, architects and lending institution during the period of construction on the premises. The location of such signs shall be shown on the building plans and shall be -3- Exhibit B - Ordinance 2114 R-l Regulations removed prior to issuance of a certificate of occupancy for the premises. 9252.1.5.2.2. TEMPORARY ELECTION SIGNS. Temporary election signs shall be permitted in addition to other permitted signs subject to the following: (a) Any person who displays a temporary election sign or any person who owns or possesses the property on which a temporary sign is located shall not display such sign(s) earlier than forty-five days prior to the scheduled election date and shall be removed within ten (10) calendar days after the date of the scheduled date to which it relates. (b) No person shall erect, maintain or display a temporary election sign in excess of thirty-two (32) square feet in total area, or sixteen (16) square feet in area per face whichever is less. No person shall erect, maintain or display temporary election signs with a total aggregate area on a given lot in excess of eighty (80) square feet. (c) No person shall erect, maintain or display a temporary election sign which interferes with the visibility of vehicular ingress or egress to any lot. All temporary election signs shall comply with the visibility standards for driveways and intersections on file with the Community Development Division. No person shall erect, maintain or display a temporary election sign which interferes with or can be confused with any traffic signal or device. (d) After twenty-four (24) hours' written notice is personally served on a candidate, proponent or on a person who owns or possesses property to remove an illegally displayed, erected or maintained temporary election sign, the Building Official or his designee may summarily remove said sign. DIVISION 2. R-115,OOO, 12,500, 10,000, 7,500 SECOND ONE-FAMILY ZONE TITLE 2. REGULATIONS 9252.2. GENERAL. The regulations set forth in this Title shall apply in the R-l Second One-Family Zone unless otherwise provided in this Chapter. EXCEPTION. Nonconforming buildings and structures for which construction was commenced and completed in conformance with the Arcadia Municipal Code under the authority of a valid building permit need not be brought into conformance -4- Exhibit B - Ordinance 2114 R-l Regulations with the following regulations unless destroyed and/or altered to the extent of more than fifty percent (50%) of its gross floor area. However, all additions to aforesaid nonconforming buildings and structures shall comply with the regulations set forth in this title. 9252.2.1. BUILDING HEIGHT. Building height for a single family dwelling or an accessory structure is measured from the average of the lowest and highest existing grade elevation points of that portion of the site to be covered by a building, to the highest portion of the roof (excluding chimneys). See illustration below: I I thaildLn,: Hlrlllll I U."~"I t".dItClc ~l..d'~Wlt -..''ef;lS....illL''lJ IPdtuv&lion H'l;h"'I<:llI.II"J p.d.poin.t The above mentioned points of the existing grade are to be clearly shown on the grading and drainage plan that is required to be submitted with the structural plans for new single family developments or substantial additions or alterations. No dwelling shall contain more than two (2) stories nor shall any dwelling, including flagpoles, chimneys, smokestacks, 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) pursuant to the modification regulations: Lot Width Less than 75 feet 75 feet or greater Maximum Building Height 25 feet 30 feet Exceptions: 1. No dwelling set back less than seventy-five (75) feet from the front property line shall have an entry exceeding a building height offourteen feet (14'-0"). 2. On anyone lot, only one wireless radio antenna and its mast or tower may have an overall maximum height of thirty-five (35) feet when attached to and an integral part of the main dwelling. 3. Chimneys, including the required spark arrestor and any decorative caps may be allowed to extend a maximum of three (3) feet above the roofline if necessary for compliance with Building Code requirements, but in no case shall a chimney -5- Exhibit B - Ordinance 2114 R-t Regulations be less than the minimum height required by the Building Code. 9252.2.1.1. EQUIPMENT AND FACILITIES. Mechanical and plumbing equipment including but not limited to ventilating fans, heating, cooling and au conditioning equipment, water heaters, spa and pool equipment and any other similar equipment shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front or side yard setback, and shall not be set back less than three (3) feet from a rear lot line. 9252.2.2. FRONT YARD. There shall be a front yard of not less than twenty-five (25) feet; provided that where lots comprising sixty percent (60%) or more of the frontage in a block are developed with larger front yards, the front yard for a lot proposed for development shall be 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. 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 defined in this Chapter) 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 75'-0" or greater as measured at the front property line, any portion of a gable roof and wall thereunder which does not exceed a -6- Exhibit B - Ordinance 2114 R-t Regulations 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. 9252.2.3.1. SIDE YARD. CORNER LOT. On comer 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 comer lot shall be not less than fifteen (15) feet Any garage opening directly upon a side street shall be located not less than twenty (20) feet from the side street line. 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 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. 9252.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse comer 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 comer lot shall be not less than twenty (20) feet. 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 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. 9252.2.4. REAR YARD. There shall be a rear yard of not less than twenty-five (25) feet. Any two (2) story -7- Exhibil B - Ordinance 2114 R-l Regulations portion of a dwelling shall have a rear yard setback of not less than thirty-five (35) feet. 9252.2.5. LOT COVERAGE. DEFINITION. \. Lot coverage IS the lot area covered by all permanent buildings and structures including but not limited to: covered porches and patios (including trellis covers), carports, porte-cocheres, storage sheds, playhouses, etc., on anyone lot measured from the outside walls exclusive of architectural features Exception: The following uses and features shall not count toward "lot coverage": (a) Uncovered swimming pools and spas, tennis courts and other athletic and/or recreational surfaces that are not more than eighteen (18) inches above the adjacent finished grade at any point. (b) Basements that do not extend above the level of the first floor of the building nor eighteen (18) inches above the adjacent finished grade at any point. (c) Open and uncovered porches, platforms, landing places, decks, steps and/or stairways, and walkways that are not more than eighteen (18) inches above the adjacent finished grade at any point. 2. If ambiguity exists with reference to the interpretation of what is to be counted toward lot coverage, it shall be the duty of the Community Development Administrator to ascertain all pertinent facts and make a final determination thereof consistent with applicable criteria. 9252.2.5.1. LOT COVERAGE. LIMITS. Lot coverage shall not exceed forty- five percent (45%) of the total area of the lot for single-story dwellings. The combined ground floor area of all buildings on anyone lot shall not exceed thirty-five percent (35%) of the total area of the lot for two-story dwellings. 9252.2.6. PARKING. There shall be not less than two (2) parking spaces on the same site as the main building in an enclosed garage. For new dwellings or rebuilds having five (5) or more bedrooms, one additional parking space shall be provided within an enclosed garage. Each such required parking space shall be not less than ten (10) feet wide, nor less than twenty (20) feet long. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) foot turning radius and/or a minimum of twenty- -8- Exhibit B - Ordinance 2114 R-l Regulations five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of 75 degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway not less than nine (9) feet in width. All areas intended for vehicular use shall be paved with asphalt cement or concrete. On lots less than 100'-0" in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots 100' -0" or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and/or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: (1) The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition that nor more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage. 9252.2.7. ARCHITECTURAL FEATURES DEFINITION. Architectural features are items attached to a building or structure to enhance its appearance but do not provide floor space. Architectural features include belt courses, buttresses, chimneys, cornices, eaves, fireplaces, pilasters, pillars, sills, and window seats. 9252.2.7.1. ARCHITECTURAL FEATURES. FRONT YARD SETBACK. Architectural features may extend or project into a required front yard setback not more than thirty (30) inches. 9252.2.7.2. ARCHITECTURAL FEATURES. SIDE YARD SETBACKS. FIRST FLOOR. I. Architectural features (excepting chimneys, eaves, fireplaces and pillars) may extend or project into a side yard setback not more than two (2) inches for each one (1) foot of the width of such side yard. 2. Eaves may extend or project a maximum of thirty (30) inches beyond the required setback on the first floor. 3. Fireplaces not exceeding eight (8) feet in width and their chimneys not -9- Exhibit B - Ordinance 2114 R-l Regulations exceeding four (4) feet in width at any point may project two (2) feet into a required side yard setback provided the overall height does not exceed the height limit prescribed in this Chapter and that there is a minimum distance of five (5) feet between said fireplace and the adjacent property line. Exception: On lots less than fifty (50) feet wide, fireplaces not exceeding eight (8) feet in width and their chimneys not exceeding four (4) feet in width at any point may project two (2) feet into a required side yard setback provided the overall height does not exceed the height limit prescribed in this Chapter, and provided that there IS maintained a minimum distance of three (3) feet between the chimney and the property line. 4. Pillars may not encroach into any required side yard setback. 9252.2.7.3. ARCHITECTURAL FEATURES. SIDE YARD SETBACKS. SECOND FLOOR. I. Architectural features (not including chimneys, eaves, and fireplaces) may not encroach into any required second floor side yard setback. 2. Eaves may extend or project a maximum of thirty (30) inches into the required setback on the second floor. 3. Fireplaces not exceeding eight (8) feet in width and their chimneys not exceeding two (2) feet in width at any point may project one (I) foot into a required second floor side yard setback provided the overall height does not exceed the height limit prescribed in this Chapter. 9252.2.7.4. ARCHITECTURAL FEATURES. REAR YARD SETBACK. Architectural features may extend or project into a required rear yard setback not more than thirty (30) inches. 9252.2.8. OPEN AND UNCOVERED PORCHES, LANDINGS, STEPS AND/OR STAIRWAYS, DECKS, PLATFORMS AND WALKWAYS. Open and uncovered porches, platforms, landing places, decks, steps and/or stairways, and walkways attached to the main building which do not extend above the level of the first floor of the building nor eighteen (18) inches above the adjacent finished grade may extend into any front, side or rear yard not more than six (6) feet; provided however that any such porch, platform, landing place, deck, steps and/or stairways, or walkway is set back a minimum of five (5) feet from any property line. An openwork railing of the minimum height required by the Building Code may be installed on any such porch, platform, -10- Exhibil B - Ordinance 2114 R-l Regulations landing place, deck, steps and/or stairways, or walkway. 9252.2.9. ACCESSORY BUILDINGS. DEFINITION. Accessory means a building, part of a building or structure, or a use which IS subordinate to and the use of which IS incidental to that of the main dwelling or use on the same lot. Where the wall of an accessory building is a part of or joined to the wall of the main dwelling, such accessory building shall be counted as part of the main dwelling. 9252.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings shall not occupy more than 25% of a required rear yard and shall not be located within three (3) feet of a rear lot line, nor within ten (10) feet of another building. An accessory building shall not have more than one story, contain no more than one room and a bathroom, and shall not exceed sixteen (16) feet in height. Bathroom facilities for accessory buildings shall be limited to one, three-quarter (3/4) bathroom (i.e., one toilet, one lavatory and one stall shower). On comer lots an accessory portion of a main dwelling that does not exceed one (I) story and 16 feet in height may be located not less fifteen (15) feet from the rear property line. The required side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division. The total floor area of accessory building, including, accessory living quarters/guest houses and accessory portions of a main dwelling shall not exceed 50% of the ground floor living area of the main dwelling. 9252.2.9.2. ACCESSORY LIVING QUARTERS/GUEST HOUSE. DEFINITION. Accessory living quarters/guest houses are living quarters within an accessory building for the sole use of members of the family occupying the main building; persons employed by and rendering services exclusively to the family occupying the main building and rendering such services primarily on the property; and/or the temporary use by guests of the family occupying the main building. 9252.2.9.3. ACCESSORY LIVING QUARTERS/GUEST HOUSE. REGULATIONS. Accessory living quarters/guest houses shall comply with the following regulations: I. Accessory living quarters/guest houses may be temporarily used by guests of the family occupying the main building; -11- Exhibil B - Ordinance 2114 R-l Regulations provided, that such use shall not exceed a total of thirty (30) days during each calendar year. 2. Accessory living quarters/guest houses shall not contain a separate room for the preparation of food, and shall not contain facilities for the heating or cooking of food. 3. Plumbing facilities for accessory living quarters/guest houses shall be limited to one bathroom comprised of one toilet, one lavatory & one bathtub with or without a shower head; a water heater not to exceed a capacity of 40 gallons, a gas line for a wall or forced-air heating unit, and a single-basin bar-type sink. 4. Accessory living quarters/guest houses shall not exceed six hundred (600) square feet of gross floor area and shall not contain more than one (I) bedroom, one living room and one bathroom. Every room within an accessory living quarters/guest house other than a living room and a bathroom shall be deemed to be a bedroom whether so designated or not. 5. Every accessory living quarters/guest house shall comply with the space and occupancy standards of the Uniform Housing Code, in addition to the other applicable regulations. 6. Accessory living quarters/guest houses shall not be rented or otherwise used as separate dwelling units. 7. A covenant in a form approved by the City Attorney shall be required to be filed for each accessory living quarters/guest house, acknowledging that the accessory living quarters/guest house IS not an additional dwelling unit, and is not to be rented. The property owner is responsible for providing any and all documents and fees necessary for the drafting, execution, and recordation of the covenant. 8. Accessory living quarters/guest houses shall not be attached to any other accessory use or structure and shall not be within ten (10) feet of another building, shall not have more than one (I) story and shall not exceed sixteen (16) feet in height, and shall comply with all of the yard and setback requirements of a main dwelling. 9252.2.10. SWIMMING POOLS AND SPAS. Private swimming pools and spas may not be constructed and maintained in any required front yard, nor within five (5) feet of any side or rear lot line, nor within ten (10) feet of the property line on the street side of a corner lot. The open and uncovered portions of such pools or spas shall be -12- Exhibit B - Ordinance 2114 R-l Regulations deemed as open and unobstructed areas for the purposes of computing yard and area requirements. 9252.2.11. MODIFICATIONS FOR NEW DWELLINGS AND REBUILDS. Any side, front or rear yard setback modification requests for a new dwelling and/or a rebuild or. any second story side yard setback modification request for an existing dwelling shall be subject to the approval of the Planning Commission or the City Council (upon appeal) pursuant to the modification regulations. 9252.2.12. FENCES, WALLS AND GATES. SAFETY PROTECTION. Openwork (i.e., a minimum of four [4] inches between vertical or horizontal members) fences, or guard railings for safety protection around ramps, stairs, changes in grade, etc., of the minimum height required by the Building Code may be located in any front yard, side or rear yard, except within the areas limited by the vehicular visibility standards provided for elsewhere in this Division 9252.2.12.1. FENCES, WALLS AND GATES. FRONT YARD. Decorative fences and decorative columns with caps located in the front yard area shall not exceed three (3) feet in height. Said fences and walls shall be set back not less than three (3) feet from the front property line. The area between the property line and the fence shall be planted with decorative landscaping.' Chain link or wire type fencing shall not be allowed in the front yard or street side yard areas, unless used as a temporary construction fence. 9252.2.12.2. FENCES, WALLS AND GATES. CORNER LOTS. On corner lots, fences and walls within the required street side yard setback area shall not exceed five (5) feet in height, measured at the street side property line. Said fences and walls shall be set back not less than eighteen (18) inches from the street side yard property line. The area between the property line and the fence shall be planted with decorative landscaping. 9252.2.12.3. FENCES, WALLS AND GATES. SIDE AND REAR YARDS. Fences, walls and gates not more than six (6) feet in height, may be located along the side or rear lot lines, provided such fence, wall or gate does not extend into the required front yard, nor into the side yard required along the side street on a comer lot, nor in the case of a corner lot into that portion of the rear yard abutting the intersecting street wherein accessory buildings are prohibited. -13- Exhibit B - Ordinance 2114 R-l Regulations 9252.2.12.4. FENCES, WALLS AND GATES SPECIAL SETBACKS. Fences, walls and gates within a front yard setback as specified in Arcadia Municipal Code Section 9320 if not more three (3) feet in height, may be located not less than three (3) feet from the front property line provided that said fence or wall does not interfere with the visibility or vehicular ingress and egress to the property and adjoining properties as per the standards on file with the Community Development Division. The area between the property line and the fence shall be planted with decorative landscaping. EXCEPTION: Fences, walls and gates within a special setback along a street side property line may not exceed five (5) feet in height, measured at the street side property line. Said fences, walls and gates shall be set back not less than eighteen (18) inches from the front property line. The area between the property line and the fence shall be planted with decorative landscaping. 9252.2.12.5. FENCES, WALLS AND GATES. DESIGN ELEMENTS. (a) Decorative fences with decorative columns located in the front yard area shall be of open work design (i.e., a minimum of four (4) inches between vertical or horizontal members). Said fences with columns extending from the front property line along the side property line, shall not exceed three (3) feet in height and shall be a compatible continuation of the fence and columns along the front property line. Decorative shall mean aesthetically significant in design and construction with a non-detracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties. A column is the vertical supporting member located between fencing or which flanks a gate entrance. A decorative column is a vertical supporting member with an aesthetically significant textured surface, including, but not limited to stucco, split-face, stone veneer, brick veneer, wood veneer, solid stone, solid brick, solid wood and glass block. A cap is the horizontal surface atop a column. All decorative fences, walls, gates, columns, posts and caps shall be subject to Community Development Division review and approval. (b) Columns including caps or posts shall not exceed three (3) feet in height and placed at horizontal intervals no less than seven (7) feet, six (6) inches apart measured between the columns. Said columns or posts shall not have any -14- Exhibit B - Ordinance 2114 R-l Regulations horizontal dimension greater than twenty- four (24) inches and caps atop said columns shaH not have any horizontal dimension greater than thirty (30) inches. (c) Decorative lights may be attached to decorative columns, posts, walls or fences within the front yard or street side yard areas and shall be limited to entry points at driveways and pedestrian entrances only, and shall not exceed eighteen (18) inches in height above the maximum fence/column height. (d) Where a front property line abuts an existing sidewalk, proposed fences and walls shall be set back a minimum of three (3) feet from said sidewalk. The area between the property line and the fence shall be planted with decorative landscaping. (e) Where a street side yard property line abuts an existing sidewalk, proposed fences and walls shall be set back a minimum of eighteen (18) inches from said sidewalk. The area between the property line and the fence shaH be planted with decorative landscaping 9252.2.13. VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. Within twenty-five (25) feet of an intersection of a vehicular way with a vehicular and/or pedestrian way; no buildings, structures, fences, walls, shrubs, landscape architectural features or dense landscaping shall exceed a height of three (3) feet as measured from the surface of the vehicular ways. Exception: Open work fences as defined in this section may be 4'-0" 10 height. 9252.2.13.1. MOTOR VEHICLE LIMITATIONS - REQUIREMENTS. No more than four (4) motor vehicles shall be parked in the open, that is in a manner whereby the vehicles are visible from the adjacent public rights-of-way, on any single-family residential lot for more than five (5) consecutive days. The term "motor vehicles" as used in these Sections shall not include the following vehicles: trucks one ton or larger, registered commercial vehicles, motorcycles, motorbikes, buses, motorhomes, recreational vehicles, trailers, boats and housecars. 9252.2.13.2. MOTOR VEHICLE LIMIT A TIONS - REQUIREMENTS. COMMERCIAL VEHICLES. No commercial vehicles as defined by the California Vehicle Code which exceeds three (3) tons in unladen gross weight shall be parked or left standing from the hour of7:00 p.m. of any day to 7:00 a.m. -15- Exhibit B - Ordinance 2114 R-l Regulations of the following day on any part of any property zoned or used for residential purposes. 9252.2.14. LANDSCAPING REQUIREMENTS. REQUIRED YARDS AND SETBACK AREAS. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently maintained in a neat and orderly manner. Pedestrian walkways and vehicular accessways shall not occupy more than forty percent (40%) of the required front yard. 9252.2.15. EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted a maximum of fifteen feet (15') above the adjacent finished floor level on any exterior wall or structure. -16- Exhibit B - Ordinance 2114