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HomeMy WebLinkAbout0967 " ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 3, 8.1, 15 AND 16 OF ORDINANCE NO. 760 AND ADDING A NEW SECTION NO. 12.1. THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA, DOES DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. After public hearings before the City Planning Commission and the City Council, and upon reviewing and considering all evidence presented thereat, that the public necessity, conven- ience and general welfare require that Ordinance No. 760 of the City of Arcadia be amended as hereinafter provided. SECTION 2. That Section 3 of Ordinance No. 760 of the City of Arcadia, entitled "AN ORDINANCE ESTABLISHING ZONES IN THE CITY OF ARCADIA AND THEREIN REGULATING THE USE OF LAND: HEIGHT OF BUILDINGS AND YARD SPACES: ADOPTING A MAP SHOWING THE BOUNDARIES OF SAID ZONES: DEFINING THE TERMS USED IN THIS ORDINANCE: PROVIDING FOR ITS AMENDMENT AND ENFORCEMENT: ADJUSTMENT;/PRESCRIBING PENALTIES FOR VIOLATION AND REPEALING ORDI- NANCES OR PORTIONS OF ORDINANCES IN CONFLICT THERE\ofITH," adopted May 3, 1949, be and the same is hereby amended to read as follows: SECTION 3. ESTABLISHING ZONES AND LIMITING THE USES OF LAND THEREIN. A. In CLASSIFICATION. order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of ya:r:ds and other open spaces about buildings, and to regulate the density of population, fifteen (15) classes of zones are established to be known as fol- lows: "R-O" FIRST ONE-FAMILY ZONE "R":l" - SECOND ONE-FAMILY ZONE "R-2" - TWO-FAMILY ZONE -1- /N9El'bD 967 '- - '... / "R-3" - MULTIPLE-FAMILY ZONE "P" - AU't'm10BlLE PARKING ZONE "C-O" - PROFESSIONAL OFFICE ZONE "C-l" - ,LIMITED CO~1MERCIAL ZONE "C':'2" GENERAL COMMERCIAL ZONE "C-3" - Cm1MERCIAL PARKING ZONE "C-M" -COl-1r,1ERCIAL MANUFACTURING ZONE "M-l" - LIGHT MANUFACTURING ZONE "M-2" - HEAVY f1ANUFACTURING ZONE "D" - ARCHITECTURAL DESIGN ZONE "S-l" - SPECIAL USE ZONE "S-2" PUBLIC PURPOSE ZONE wh~ch said several zones are hereby established; and which said classifications and zones are shown and delineated on the Zoning Map of the City of Arcadia, which said map may for convenience be divided into ~arts and sections and attached hereto and adopted hereby and made a part hereof. B. CHANGES IN BOUNDARIES. Changes in the boundaries of any such zones may ahd shall be made by ordinance. C. RULES OF INTERPRETATION. Where uncertainty exists as to the boundaries of any zone shown upon said zoning map, the following rules shall apply; 1. Where such boundaries are indicated as approximately . following street and alley lines or lot lines, such lines shall be construed to be such boundariesj 2. In the case of unsubdivided property and where a zone boundary divides a lot, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on said zoning map; 3. Where a public street or alley is officially vacated or abandoned, the regulations applicable to abutting propert:{ -2- 967 shall apply to such vacated or abandoned street or alley. D. ZONE BOUNDARIES. 1. The boundaries of such zones as are ShO\ill upon the zoning map adopted by this ordinance are hereby adopted and ap- proved and the regulations of this ordinance governing the use of land and buildings, the height of buildings, and size of yards about buildings and other matters as herein set forlhare hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon said Zoning Map. 2. All property in the City of Arcadia not otherwise specifically classified, and all property hereafter annexed, and not otherwise classified concurrently with its annexation, is hereby classified as and placed in Zone R-lj provided, how- ever, that property owned by the City shall, while so owned, be deemed unclassified for the purpose of this Ordinance. E. ZONING UPON ANNEXATION. The procedure for zoning upon annexation shall be the follow- ing: 1. Petitio~ upon Annexation. In any petition for the an- nexation of property to the City, the petitioner may request the zoning desired by him for the property described in the ap- plication in the event the property is annexed to the City. 2. Report by Planning Commission. Prior to the adoption by the Council of the Resolution of Intention to Annex Unin- habited Territory or the Resolution Consenting to the Circula- tion of a Petition to Annex Inhabited Territory, a copy of the annexation petition shall be referred to the City Planning Com- mission for investigation and report to the City Council as to the desirability of the annexation and the zoning classification to be placed thereon. 3. Notice of Commission Hearing. The Planning Commission -3- . 967 shall give 'notice of its' intention to consider the annexation of. such property and the zoning to be placed thereon in the event of annexation to the City, by publishing such notice once in a newspaper of general circulation published and circulated in the City. Such publication shall be completed at least ten (10) days prior to the date of hearing. Upon completion of such hearing, the Planning Commission shall make its recommen- dations to the Council by resolution. 4. Notice of Council Hearing. After receiving such recom- mendation, the Council shall give notice of a public hearing to consider the zoning classification to be applied~ upon annexa- tion to the City, to property to be annexed. Such notice shall be published at least once in a newspaper or general circulation published and circulated within the City, said publication to be completed at least ten (10) days before the hearing. Such notice may be included within any other publication of notice concerning the annexation of the property involved, and the hearing on the matter of. zoning may be held in conjunction with any public 'hearing required by law to be held by the Council in connection with the annexation proceedings. 5. Adoption of Interim Zoning~ Concurrent with the ordinance of annexation of the property, the Council shall classify the property for zoning purposes, in accordance with its determination, as provided by law. F. LIMITATION OF USES. Except as hereinafter provided: 1. No building shall be erected and no existing bUilding ,shall be moved into, reconstructed, structurally altered, added to, or enlarged, nor shall any building, land or premises be used, designed or intended to be used for any purpose other than a.use listed in this ordinance, or amendments thereto, for the zone in which such land, buildings or premises~ located. 2. No building shall be erected, nor shall any existing -4- 967 building be mdved, reconstructed, added to, enlarged or structur- ally altered to 'exceed in height the limit established by this ordinance, or amendments thereto" for the zone in which such building is located. 3. No building shall be erected, nor shall any existin,!!; building be moved, structurally altered, added to, enlarged, reconstructed or rebuilt nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building-site requirements and the area and yard regulations established by this ordinance, or amend- ments thereto, for the zone in w~ich such building is located. 4. No yard or other open space provided about any build- ing for' the purpose of complying with the regulations of this ordinance, or amendments thereto, shall be considered as pro- viding a yard or open space for any other building or structure. 5. While a non-conforming building exists on any lot no other building of a more restricted classification shall be permitted, even though such other building would otherwise be a conforming building. SECTION 3. That Section 8.1 of said Ordinance No. 760 be and the same is hereby amended to read as follows: SECTION 8.1: "e-o" PROFESSIONAL OFFICE ZONE. The following regulations, shall apply in the "C-O" Professional Office Zone unless otherwise provided in this Ordinance. A. USE: No building or land shall be used and no building shall here- after be erected, constructed or established, except for the follow- ing uses: 1. Any use permitted in the "R-3" Multiple-Family Zone. 2. Professional offices for the following uses only: a. . Accountants b. Architects c. Attorneys-at-law d. Chiropractors -5- 967 e. Chiropodists f. Dentists g. ,Engineers h. Opticians i. Optometrists j. Osteopaths k. Physicians 1. Surgeons 3. The accessory buildings and uses customarily incident to any of the above uses when located on the same lot. Any exterior sign displayed shall pertain only to a use conducted within the buildingj shall be attached flat against a wall of the building and parallel with its horizontal dimension and shall front the principal street, a parking area in the rear, or, in the case of a COrner building, on that portion of the side street wall within fifty (50) feet of the principal street. In no case shall a s.ign ,project above the roof line. B., HEIGHT. No building hereafter erected, constructed or established shall exceed four (4) stories or forty-five (45) feet in height. C. FRONT YARD. There shall be a front yard of not less than ten (10) feet. D. SIDE YARD. No side yard shall be required except that all buildings used eXClusively for dwelling purposes shall comply with the side yard provisions of the "R-3" Zone. E. REAR YARD. There shall be behind every building a rear yard having a mini- mum depth of twenty (20) feet. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of said alley. F. AREA REQUIREMENTS. There shall be no area requirements except that all buildings used exclusively for dwelling purposes shall comply with the area the 'prOVisions of /'R- 3" Zone. G. PARKING REQUIREMENTS. -6- 96'{ , For all professional offices the same area of parking space shall be provided on the same site as there is floor space in the office building. SECTION 4. That said Ovdinance No. 760 be amended by adding Section 12.1 "D" Architectural Design Zone, the same to read as follows: SECTION 12.1: "D" ARCHITECTURAL DESIGN ZONE.' The following regulations shall apply in the "D" Architectural Design Zone unless otherwise provided in this Ordinance. A . USE. ,. Land classified in a'~LZone shall also be classified in another zone as to use. B. PURPOSE. In order that buildings, structures, signs and landscaping will be harmonious within a specified area and not of obnoxious, undesira- ble or unsightly appearance and thereby detrimental to other prop- erties and improvements in the same zone or vicinity, the following items shall be considered in establishing the architectural and landscaping requirements for properties in a"Il'Zone: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The height, bulk and area of buildingsj The setback distances from property linesj The colors and materials on the exterior, The type and pitch of roofsj The size and spacing of windows, doors and other openings; The size, type and location of signsj Towers, chimneys, roof structures, flagpoles, radio and television mastsj Plot plan, landscaping and automobile parking areaj The relation to the existing buildings and structures in the general vicinity and areaj Lighting of buildings, signs and grounds. C. ESTAi3LISH~'lENT OF STANDARDS . Concurrent with the proceedings for the establishment of prop- erty in Zone'D~ the Planning Commission shall investigate the nature, location and extent of the properties and improvements within the area to be so classified, and in its recommendation for establishment of property in Zone'~' shall recommend regulations governing the build- ings; structures, signs, landscaping and other improvements to be -7- 967 constructed or maintained upon such property to accomplish the pur- 'posespecified in the preceding section with respect to the matters therein specified. Concurrent with the adoption of an ordinance establishing property in Zone ''D;' the City Council shall, by resolu- tion, determine and establish such regulations it finds to be neces- sary and reasonable to accomplish the purposes specified in the preceding section with respect to the matters therein specified. D. COMPLIANCE OF PLANS. Plans of the exterior architectural design and appearance of all buildings and structures, plot plans, landscape plans, advertis- ing plans, parking area plans and building setback plans shall com- ply with the regulations determined and established by the City Council pursuant to the preceding section, and no building permit shall be issued for plans which do not clearly comply with such regulations, unless such plans are approved by the City Planning Commission. E. APPEAL. In the event that the Building Official shall determine that any plans submitted tlo not clearly comply with the regulations established by the City Council pursuant to Section'C hereof, the person submitting such plans may, within thirty (30) days after such decision, appeal in writing to the City Planning Commission for ap- proval'of such plans. SECTION 5. That Section 15 of said Ordinance No. 760 be and ,the same is hereby amended to read as follows: SECTION 15: GENERAL PROVISIONS AND EXCEPTIONS. A. USE. 1. General.. Except as hereinafter provided, no building shall be erected, constructed, reconstructed or established, nor shall any building or, land be used for any purpose other than is -8- 967 ., permitted in the same zone in which such building or land is locat~d. If any "use" is for any reason omitted from the lists of those specified as permissible in each of the various zones herein designated, or if ambiguity arises concerning the appro- priate classification of a particular use within the meaning and intent of this ordinance, or if ambiguity exists with refer- ence to matters of ~eight, yard requirements, or area require- ments as set forth herein and as they may pertain to unforseen circumstance~it shall be the duty of the City Pla~ing Commis- sion to ascertain all pertinent facts concerning said use and by resolution of record set forth its findings and the reasons therefor, and such findings and resolutions shall be referred to the City Council and,. if approved by the City Council, thereafter such interpretation shall govern. 2. Parking Requirements. a. Area. Except where more parking space is required for a specific use or zone, every main building hereafter erected, constructed or established shall be provided with minimum off-street parking accommodations as follows: (1) For dwellings there shall be at least one and one-quarter (l~) parking spaces on the same site as the main building for each dwelling unit and each of such parking spaces shall not be less than eight (8) feet wide by twenty (20) feet long with adequate ~ provision for egress and ingress. At least one such parking space for each dwelling unit shall be in a garage or roofed carport. A full parking space shall be required in each instance where a fractional park- ing space would otherwise be required by the terms hereof. Each such parking space shall be located back of the required front yard. :-9- .- , 967 (2) For buildings other than dwellings there . shall be' at least one parking space of two hundred and fifty (250) square feet on the same lot with the main build~ng or contiguous thereto as follows: (a) For Churches, High Schools, Colleges and University Auditoriums and other places of occasional assembly, at least one '(1) parking space for every eight (8) seats provided in tne main auditorium thereof. (b) For Hospitals and Institutions, at. least one (1) parking space for every two (2) beds provided in said buildings. (c) For Hotels and Clubs, at least ,one (1) parking space for every three (3) guest rooms provided in said buildings. (d) For Theaters, Auditoriums and other similar places of assembly, at least one (1) parking space for every four (4) seats provided in said buildings. (e) For all Office, Commercial and Industri- al Buildings at least one (1) parking space shall be provided for each five hundred (500) square feet of floor space or fraction thereof. Each . . ~. , such parking space shall contain at least two hundred and fifty (250) square feet including adequate space for ingress and egress, and shall be on the same lot or within five hundred (500) feet of the building. (f) In lieu of providing the parking space required by this Ordinance for office, commercial, and industrial buildings, the owner of the prop- erty affected by such parking place requirements -19- 967 . . may pay to the City and the City may accept a sum not less than the assessed valuation (as shown on the last equalized assessment roll available on the day of such payment) of the entire parcel of property for which parking space is required by the preceding subsection, less any amount assessed against such property in any completed proceeding for the formation of an off-street parking district. The payment of such sum to and the acceptance thereof by the City shall be deemed to fulfill the off-street parking requirements of the preceding subsection as to one-story construction on the parcel of property for which payment is thus made. Such payment shall be increased, in the case of build- ings containing lofts, balconies, basements and additional stories, in proportion to the addi- tional floor space in exce,ss of a single-story building with floor space 'on only one level. Pay- ments in excess of the assessed valuation may be required in any case where the payment of a lesser sum would be unjustly dispvoportionate to the benefits received from such payment. All sums thus paid shall be deposited in the Off-Street Parking Fund. (g) There is hereby created a special fund to be known as the Off-Street Parking Fund. All sums accruing to or paid into the Off-Street Park- ing Fund pursuant to this Section 15 shall be used solely for the acquisition and improvement of such publicly owned off-street parking places, includ- ing ingress thereto and egress ther'efrom, as will, in the judgment of the City Council, be benencial to properties in the particular commercial or in- dustrial area in whi~h is situated the property -11- 967 with respect to which payment of money was made in lieu of providing parking space required by this Ordinance. (h) Nothing in this Ordinance shall prohibit the col- lective use of space for off-street parking provided such collectively used space is equal to the sum of the requirements of each individual establishment participating'in such collective use. When the re- quired off-street parking space is provided on a separate lot from the main building, there shall be recorded in the office of the County Recorder of Los Angeles County, California, a covenant by the owner or owners of said lot for the benefit of the City of Arcadia to the effect that such owner or owners will continue to maintain such parking space so long as said building is maintained. (3) For tourist courts there shall be at least one (1) parking space for each individual sleeping or li vingunit. b. Improvements All "public" parking areas and "used car sales areas" herein permitted shall be improved as follows: All such areas shall be paved with asphaltic concrete surfacing, and where such parking areas abut property classified for "R" uses, all plans for the improvement, maintenance and operation of such parking areas shall con- form to standards filed in the office of the Director of Public Works as approved, after recommendation by the Director of Public Works and the Planning Commission, b~' resolution of the City Council. 3. Loading Space ." -12- 967 Every main building hereafter erected, constructed or estab- Ii shed in any ,"C" 'or "M" Zone, when such building is located upon a site contiguous to a public alley, shall be provided with a minimum off-street or off-alley loading space as follows: One (1) loading space for each six thousand (6000) square feet of lot area upon which such building is' locatedj provided, however, that not more than two (2) such spaces shall be re- quired unless the building on such lot has a gross floor area of forty thousand (40,000) square feet, in which case there shall be one additional loading space for each additional twenty .thousand (20,000) square feet in excess of forty thousand (40,000) square feet, or major fraction thereof. , 4. Non-conforming Buildings and Uses. a. If, prior to June 28, 1940, a one-family dwelling existed on a lot having an area of less than fifteen thous- and (15;000) square feet in Zone "R-l" and such dwelling , , is located 'so as to leave a building site on the front por- ' tion of the lot, including yard spaces as required herein, then a one-family ,dwelling may be erected and maintained on the front portion of the same lot in the manner pro- vided herein, whereupon the said original dwelling shall assume the status of a non-conforming use as defined herein. ,b. A non-conforming building may be continued, pro- vided no additions ,or enlargements are made thereto and no structural alterations are made therein, except those re- quired by law. If such non-conforming building is removed, every future use of such premises shall be in,conformity with the provisions of this Ordinance. \c. The non-conforming use of a building may be COll- tinued, provided: (1) That a non-conforming use of a non-conforming building may be expanded or extended throughout such -13- 967 , " building, provided no structural alterations except those required by law are made therein. (2) That a non-conforming use of a conforming building shall not be expanded or extended into any other po~tion of the conforming building, and if such non-conforming use is discontinued, any future use of such building shall be in conformity with theprovi- sions of this Ordinancej provided, however, that all non-conforming uses of a conforming building shall be discontinued as hereinafter provided. (3) That in all "R" Zones, every non-conforming , building (other than a residential buildlng), which was designed or intended for a use not permitted in such zone, shall be completely removed or structurally altered to conform to the uses permitted in such zone, and every non-conforming use of a conforming building shall be discontinued, in each instance within the time fixed by the Planning Commission and approved by the City Council. Such time for the removal or alteration of. non-conforming buildings shall not be fixed for a date prior to the expiration of the normal life of such building as determined in accordance with evidence received by the Planning Commission or City Council. In no event shall the normal life of such building be fixed at less than ten years from the date of its original construction. The non-conforming use of a conforming building may be ordered discontinued, after recommendation by the Planning Commission, at such time as the City Council may determine to be equitable, giving due consideration to such factors as to the the length of time/non-conforming use has been in existence, the time at which and circumstances under which such non-conforming use came into existence, the nature of such non-conforming use, the effect of such non- . ,-t-.4- 967 conforming use upon abutting properties and the fi- nancial investment involved in such non-conforming use. All findings and determinations made pursuant to this subsection shall be made only after notice to the owner of the property involved and a public hear- ing held in the manner provided for the consideration of variances. No determinationX thus made shall re- quire the removal or alteration of a non-conforming building in less than five (5) years from the time such determination is made, nor require the discon- tinuance of a non-conforming use within one (1) year after such determination is made by the City Council. It shall be the duty of the City Clerk to give the owner affected written notice thereof within ten (10) days after such final determination, and again not less than thirty (30) nor more than sixty (60) days prior to the date upon which such alteration, removal, or discontinuance shall have been required by such determination. (4) That, subject to all other regulations of this Section and other ordinances, a building destroyed to the extent of not more than seventy-five per cent (75%) of its reasonable value by fire. explosion or 'other casualty or Act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued. Notwithstanding anything in this Ordinance to the contrary, any existing build- ing which becomes non-conforming solely by reason of the extension of Baldwin Avenue from Huntington Drive to Colorado Street, may, after destruction to any ex- tent, be restored in substnatially the same manner -15- 967 . . " " ----- ~ , ' and location and the occupancy or use of such build- ing, or part thereof, which existed at the time of such destruction, may be continued. d. The non-conforming use of land, where no structure thereon is employed therefor, ,may be continued for a period not more than of/three (3) years from and after the date such use became non-conforming, provided: (1) That no non-conforming use of land shall in any way be expanded or extended either on the same or adjoining property. (2) That if the non-conforming use of land is thereafter discontinued or changed, any future use of such land Shall be in conformity with the provisions of ,this Ordinance. (3) That the lawful location and maintenance of commercial signs and billboards existing on June 2, 1949,.may be continued, although such use does not conform with the provisions hereof; provided, however, that all such non-conforming signs and billboards and their supporting members shall be completely removed by their owners not later than June 2, 1952. e. The foregoing provisions shall also apply to buildings, land and uses which hereafter become non-conform- ing due to any reclassification of zones under this Ordinance. f. The term "discontinue", in any tense or form, as used in this Section shall be deemed to mean the abandon- ment of a non-conforming use. The cessation from the active participation in a non-conforming use for a period in ex- cess of ninety (90) days shall conclusively be presumed to constitute the abandonment of such non-conforming use, un- less within such period of ninety (90) days' the owner, oc- cupant or tenant of the premises upon which such ,': : " , -16- 967 non-conforming use is existent, shall ,file with the City Clerk a verified declaration containing the following in- formation: (1) The legal description of the premises upon which the non-conforming use has existedj (2) The street address by which such premises are commonly knownj (3) The name and address of the owner, occupant or tenant of such premisesj (4) The business or trade name, if any, under which the non-conforming use is con,ductedj , (5) A statement that the cessation of the non- conforming use is temporary, the reason for such cessation, and the estimated duration of such ,cessa- ) tion. The City Clerk shall, at the first regular meeting next following the filing of such declaration, inform the City Council that such declaration was so filed. The City Council shall at such meeting approve the declaration so filed, unless at such meeting it orders a public hearing to be held for the purpose of determining the truth, ade- quacy or validity of the statements therein contained. At any time within the period of the estimated dura- tion of cessation set forth in such declaration, the City Council on its own motion may, and upon the written request of any interested person shall order proceedings taken for the purpose of determining the truth, adequacy or validity of the statements contained in such declaration. Such proceedings shall be held in substantial compli- ance with the provisions of Ordinance No. 760 relating to the granting of variances. Any person requesting such proceedings shall be required to pay such fees as are re- quired to be paid by applicants for variances. " -17-: 967 The filing of such declaration shall be prime facie evidence of the truth of the statements therein contained. The decision of the City Council upon the conclusion of such proceedings shall be by resolution, and shall be final and conclusive as to all matters thereby determined. B. HEIGHT . 1. General. Except as hereinafter provided, no building shall be erected, constructed, reconstructed or established to exceed the height limit herein established for the zone in which such build- ing is located. 2. Exceptions., a. One-family dwellings in the thirty-five (35) foot height zones may be increased in height by not more than ten (10) feet when two (2) ,side yar.ds of not less than fif- teEm' (15) feet each are provided. Such dwellings, however, shall not exceed three (3) stories in height. b. In the thirty-five (35) foot height zones, public or semi-public buildings, schools or institutions may be erected to' a height not exceeding four (4) stories or forty- five (45) feet when the required front, side and rear yards are increased an additional one (1) foot for each one (1) foot in height such buildings exceed thirty-five (35) feet. c. On through lots one hundred and fifty (150) feet or less in depth, the height of a building may be' measured from the adjoining sidewalk level on either street. On through lots more than one hundred and fifty (150) feet in depth, the height regulations and basis of height measure- ments for the street permitting the greater height shall apply to a depth of not more than one hundred and fifty (150) feet from the street. d. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar -18- '. 967 equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, towers, roof signs except in the "C_O" and "C_l" zones, flagpoles, chimneys, smokestacks, wireless masts or similar structures may be erected above the height limits herein prescribed, but no penthouses or roof structures 'or any space above the height limit shall be allowed for the purpose of providing addi- tional floor space. C. AREA. 1. General: Except as hereinafter provided, a. Except as provided in aforesaid Ordinance No. 860 of the City of Arcadia, no lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this Ordinance nor shall the density of population be increased in any manner except in conformity with the regulations established herein. b. No yard or other open sp~ce provided aIDund any bUilding for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space for..any 9ther .bu;i.ld:j.ngj provided further, that no yard or open space on an adjoining property shall be considered as providing a yard or open space 'on a lot wherein a building is to be erected. c. Every building hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one (1) main building and its accessory build- ings on one lot except as herein provided. d. Every individual parcel of land on June 2, 1949, shall be deemed to be one lot, and not more than one main bUilding shall be permitt~d on said parcel of land unless all regulations herein established are complied with or a subdivision tract map is r,ecorded with the ,Recorder, of v -19- 967 Los Angeles County, or a division thereof made in accord- ance with said Ordinance No. 860 of the City of Arcadia. ' e. Every required front, side or rear yard shall be open and unobstructed from the ground to the sky, except as otherwise provided. f. Where two-family' dwellings or multiple-family dwellings not exceeding two and, one-half (2-!1-) stories in height are arranged so as to rear upon the side yards, the following regulations shall apply: (1) In the case of group houses or court apart- ments, the required side yards upon which such dwell- ings rear shall be increased by one (1) foot for each entrance or exit opening into or served by such side . . yard, but shall not exceed six (6) feet. Open, unen- closed porches not extending above the level of the first floor may project into the required width of such yard, provided such porches shall not reduce to less than three (3) feet the unobstructed pedestrian way or sidewalk on ground level. (2) In the case of a row of dwellings arranged so as to rear upon one side yard and front upon the other, the side yard upon which such dwellings rear shall be increased as required above for group houses and the average of the side yard upon which such dwell- ings front shall be not less than one and one-half (l-!1-) times the width of the other side yard. Open, unenclosed porches not extending above the level of the first floor may project into the side yard upon which such dwellings front a distance .of not more than twenty per cent (20%) and in no case more than six (6) feet. (3) All other requirements, including front, side and rear yardS shall be complied with in -20- 967 accordance with the zone in which such group houses , or court apartments are located. g. In the "R" Zones no building shall be hereafter erected, constructed or established or used for a school, church, institution or other similar use permitted under the use regulations of this Ordinance, unless such buildings are removed at least fifteen (15) feet from every boundary line of a property included in any "R" Zone, and providl~d that no front yard as required in the zone, nor any side yard as required above, shall be used for play or parking purposes. 2. Special Front Yards.. If the front yard requirements of this Ordinance differ from those required by any other ordinance previously enacted and still in effect, the provisions contain~d in such previously enacted ordinances shall govern. 3. Exceptions" a. For the purpose of side yard regulations, the fol- lowing dwellings with common party walls shall be consid- ered as one (1) building occupying one (1) lot; two-, three- and four-family dwellings and row houses not more than two (2) rooms deep. b. Loading spaces as herein required may occupy not more than fifty per cent (50%) of a required rear yard. ,c. The front and siqe' yard requirements for dwellings and apartments shall be waived where the latter are erec:ted 'above stores. d.. An accessory building may occupy not more than twenty-five per, cent (25%) of a required rear yard, pro- vided such building is not more than one (1) story in height and located at least fifteen (15) feet from the nearest part of a main building. No accessory building -21- 967 over one (1) story in height shall occupy any part of a required rear yard. On corner lots an accessory building shall be loca.ted not less than ten (10) feet from the side street line, and not less than three (3) feet from the rear lot line unless such building is constructed as, required by the Building Code of the City of Arcadia regarding fire resistance. On corner lots an accessory portion of a main building shall be not more than one (1) story in height and shall be 10- 'cated not less than ten (10) feet from the side street line and not less than ten (10) feet from the rear lot line. On reverse corner l<;>ts an acc'essory building shall be located not less than fifteen (15) feet from the side street , ' line and not, less than five (5) feet from the rear lot line. On reverse corner lots an accessory portion of a main build- ing shall be not more than one (1) story in height and shall be located not less than fifteen (15) feet from the side street line and not less than ten (10) feet from the :rear lot line. Private swimriling pools may occupy any portion of a lot except as hereinafter provided and the open portions of such pool shall be deemed as open and unobstructed area for . the purpose of computing yard and area requirements~ Private swimming pools may not be constructed and maintained in any required front yard, nor within three (3) 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. e. Through lots one hundred and forty (140) feet or more in depth may be improved as two (2) separate lots with the dividing line midway between the street frontages, and' each resulting half shall be subject to the controls apply- Lng to the street upon which each half faces, except that the required maximum front and rear yard may each be reduced " -22- 967 . , to ten (10) feet for lots the total depth of which is less than one hundred and sixty (160) feet, and provided that if the whole of such through lot is improved as one build- ing site no accessory building shall be located closer to either street than the distance constituting the required front yard on such street. f. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features may extend or pro- ject into a side yard not more than two (2) inches for I~ach one (1) foot of the width of such side yard and may extend or project into a front or rear yard not more than thirty (30) inche s . g. Fire escapes may' extend or project into any front, side or rear yard not more than four (4) feet. h. Open, unenclosed stairways, or balconies not cov- ered by a roof, or canopy, may extend or project into a required rear yard not more than four (4) feet and such balconies and canopies may extend into a required front yard not more than thirty (30) inches. i. Uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, ,may extend into any front, side or rear yard not more than six (6) feetj provided, however, that an openwork railing not more than thirty (30) inches in height may be installed or constructed on any such porch, platform or landing place., j. Openwork fences,hedges, landscape architectural' features, or guard railing for safety protection around depressed ramps, not more than four (4) feet in height, may be located in any front, side or rear yard. k. A fence or wall not more than six (6) feet in height, or a hedge maintained so as not to exceed six (6~ feet in height, may be located along the side or rear lot -23- 967 '- lines, provided such fence, wall or hedge does not extemd into the required front yard nor into the side yard re- quired along the side street on a corner lot, which in this case shall also include that portion of the rear yard abutting the intersecting street wherein accessory buildings are prohibited, and further provided that the provisions shall not be 50 interpreted as to prohibit the erection of a fence enclosing an Elementary or High School site, if such fence does not project beyond the front line of the building. 1., Trees, shrubs, flowers or plants shall be permit- ted in any required front, side or rear yard. SECTION 6. That Section 16 of said Ordinance No. 760 be and the same is hereby amended to read as follows: SECTION 16. VARIANCES, MODIFICATIONS AND ZONE CHANGES. The following regulations shall apply to the granting of vari- ances, modifications and zone changes. A. VARIANCES. \olhen practical difficulties, unnecessary hardships' or results inc,on,sistent with the general purposes of this Ordinance occur by reason of a strict interpretation, of any of the provisions of this Ordinance, the Planning Commission upon its own motion ,o~ upon the verified application of any interested person, may in specific cases initiate proceedings for the granting of a variance from the pro- visions of this Ordinance under such conditions as may'be deemed necessary to assure that the spirit and purposes of this Ordinance will be observed, public safety and welfare secured, and substantial justice done. All acts performed by city officers under the provi- sions of this Section shall be construed as administrative acts per- formed for the purpose of assuring that the intent and purpose of this Ordinance shall apply in, special cases, as provided in this section, and shall not qe construed as amendments to the provisions 'of this Ordinance or map. , . -24- 967 B. NECESSARY CONDITIONS. Before a variance may be granted, it shall be shown: 1. That there are exceptional or extraordinarY circum- stances or conditions applicable to the property involved, or to the intended use of the property, that do not apply gener'- ally to the property or class of use in the same zone or vicin- ity. 2. That the granting of such variance will not be materi- ally detrimental to the public health or welfare or ,injurious to the property or improvements in such zone or vicinity in which the property is located. 3. That such variance is necessary for the preservation and enjoyment of a substantial property ri&ht of the applicant possessed by other property in the same zone and vicinity. 4. That the granting of such vari~nce will not adversely affect the c?mprehensive general plan. C. INFORMATION REQUIRED. Applications for variances and modifications shall be accom- panied by: 1. A plot plan and description of the property involved, plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings. 2. A reference to the provisions of the Ordinance from which said property is sought to be excepted. D. AMEND!1ENTS AND CHANGES OF ZONE BOUNDARIES. Whenever the public necessity, convenience, general welfare or good zoning practice justifies such action, the Planning Commission or City Council upon'its oWn motion may, or upon ~he verified applica- tion of any interested person shall~ initiate proceedings to change the zones or regulations established by this Ordinance. E. FILING OF APPLICATIONS. ,Applications for variances, modifications, and changes ,of zone shall be made in ,writing to the Planning Commission and in such form -25- , ;',:' . '. 967 as is approved by the Planning Commission. The Planning Commiss:lon may provide forms for such purposes and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements. Applications filed pur~ suant to this Ordinance shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and there shall be attached thereto copies of all notices and actions pertaining thereto. F. FILING FEES. Before accepting any application for filing, the City shall charge and collect the following fees for the purpose of defraying the expenditures incidental to the proceedings prescribed herein. 1,. Change of Zone. For each application for a change of zone a fee of thirty-five dollars ($35.00) for the first lot or portion thereof, plus five dollars ($5.00) for each additioLal lot or portion thereof. 2. Variance. For each application for a variance of use of property a fee of twenty-five dollars ($25.00) for the first lot or portion thereof, plus five dollars ($5.00) for each addi-' t~onal lot or portion thereof. 3. Modification. For each'application for a modification a fee of ten dollars ($10.00) for the first lot or portion thereof plus five dollars ($5.00) for each additional lot or portion thereof. G. INVESTIGATION. The Planning COmmission shall cause to be made by its own mem- bers, or members of its staff, such investigation of facts bearing upon such application as will serve to prOVide all necessary informa- tion to assure that the action on each such application is consistent with the intent of this Ordinance and with previous amendments, vari- ances or modifications. H. NOTICES. The Secretary of the Planning Commission upon the receipt in .. , " , .. -26"': , . . 967 proper form of any application for a variance or change of zone shall fix a time and place for public hearing thereon, to be held not less than ten (10): days nor more than forty (40) days there", after. Not less than ten (10) days before the date of such public hearing, public notice shall be given of such hearing in the follow- ing manner: 1. By mailing, postage prepaid, to the owners of the prop- erty within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the application,using for this purpose the last known name and address of such owners as. shown upon the assessment rolls of the City of Arcadia. Such notice shall state the nature of the request, the location of the property~ and the. time and place of the hearing. 2. For change of zone, in addition to the written notice above required, the Planning Commission may cause to be posted notices headed "Notice of Hearing for Change of Zone" which heading shall be in words not less than one (1) inch in height and the notice to be substantially the same as the written notices, and shall be posted not more than 'one hundred (100) feet in distance apart within a three hundred (300) foot radius, and there shall be at least three of such notices on each side of the property proposed to be reclassified. Such notice shall be posted at least ten days prior to.the time of hearing. 3. With the'exception of amendments changing property from one zone to another, or changing the boundary of, any zone, no posting or written notices are necessary for amending the text of this Ordinancej however, notice shall be given by pub- lication in the official newspaper for at least ten days prior to, the nearing. ; , <27- 967 Commission may establish its own rules for the conduct of such hear- ings. A summary of all pertinent testimony offered at a pUblic hear- ing, together with the names and addresses of all persons testifying, shall.be recorded and made a part of the permanent files of the case. Any such hearing may be continuedj in which event the presiding of-, ficer at such hearing shall, prior to the adjournment of such hear- ing, announce the time and place to which such hearing will be con- tinued. J . FINDINGS. \.,rithin thirty':'five (35) days after the conclusion of a publiC: hearing upon any matter, the Planning Commission shall render its decision thereon by formal resolution reciting the findings upon which such decision is based. The failure of the Planning Commission to thus render such decision within the time specified shall cause the entire matter automatically to be referred to the City Council, without recommendation, for such action as it deems warranted under the circumstances. In such event the Secretary of the Planning Com- 'mission shall immediately deliver to the City Council all of the records in the matter. 1. Variances and Modifications. Within five (5) days after final action by the Planning Commission on an application for a variance or modification, notice of 'the decision in the matter shall be mailed to the applicant at the address shown upon the application and to all other persons who have filed a written request therefor with the Secretary of the Planning Commission. Within ten (10) days after such decision by the Planning Commission, the applicant, or any other person ag- grieved by such decision, may appeal therefrom in writing to the City Council by filing such appeal with the City Clerk. At its next regular meeting after thefiling'of such appeal with the City Clerk, the City Council shall set a date for a hearing thereon. The matter of setting the hearing, giving of notice thereof and conducting such hearing shall be the -28- 967 same as hereinbefore prescribeq for hearings before the Planning Commission. If there be no protests made against a requested modification, the action of the Modification Committee granting such request shall be final. If there be any protests to the requested modification, or to the decision of the Modification Committee, the action of the Modification Committee shall not be final until the expiration of the time for any appeal that may be made in the matter. No permit or license shall be is- sued for any use involved. in an application for a variance or modification until action on such application shall have become final by reason of the expiration of time to make an appeal herein provided for. If any use authorized by any variance, ex- ception or modification.is, or has been, unused, . abandoned or . . discontinued for a period of six (6) months, or the conditions have not been complied with, said variance, exception or modi- fication shall become null and void ,and of no effect, unless an extension thereof has been granted by the Planning Commis- sion upon the written request of an interested person filed with the Planning Commission prior to the expiration of such six (6) months period. Said request shall set forth reasons modification or exception supported by factual data why the varianc~as been unused, abandoned or disoontinued or the conditions not complied with modification or exception and no extension of any such variance/shall be granted unless the Commission.finds the facts to be substantially as thus set forth and to constitute justifia'ble cause for such extension. 2. Amendments and Change of Zone Boundaries. Within ten (10) days after final action by the Planning Commission on an app1~cation for amendment or change of zone boundaries, its recommendations together with a complete record of the case shall be delivered to the City Council. The City Council after receipt of the report and recommendations from the Planning Commission, shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing ,-29- 967 '. ' , ' shall be the same as hereinabove prescribed for hearings by the Planning Commission. No permit or license shall be issued for any use involved in an application for a change of zone until same shall have become final by the adoption of an ordi- nance. K. MODIFICATION COMMITTEE. There is hereby created a modification committee composed of three persons, to wit: 1. The Chairman of the Arcadia Planning Comnlission, or such member of the Planning Commission as the Chairman may from time to time designatej 2; The Building Inspector of the City of Arcadia, or dur- ing his absence, disability or disqualification, his deputy so designated by him; 3. The City Engineer of the City of Arcadia, or during his absence, disability or disqualification, his deputy so designated by him. The Secretary of the Planning Commission shall serve as the Secretary of the Modification Committee, and the records of said Com- mittee shall be at all times available to the Planning Commission. The Chairman shall be the Planning Commission member thereon. Said Modification Committee shall meet at the call of the Chairman, to consider applications as prOVided herein and all such meetings shall be open to the public. L. AUTHORITY OF MODIFICATION COr~1ITTEE. The Modification Committee shall have authority to grant, sub- ject to appeal to the Planning Commission and the City Council under the provisions of this Ordinance, the following: 1. Permit such modification of the yard and' lot area regu- lations as may be necessary to secure an appropriate improvement of a lot, to prevent unreasonable hardship, or to promote uni- formity of improvement. 2. Permit such modification of fence" wall, hedge and , -30- 967 sign regulations as may be necessary to secure an appropriate improvement of a lot. The Modification Committee ma~in its discretion, refer to the Planning Commission any application for modification for decisior. by the Planning Commission without further fee to the applicant. M. PROCEDURE FOR MODIFICATION COMMITTEE. The procedure for granting modifications by the Modification Committee shall be the same as the procedure for recommending vari- ances by the Planning Commission except that notice of public hear- ing shall be required to be given only to such owners (as used in Section 16, Paragraph H-l hereinbefore) of all property abutting or \'fithin sixty-five (65) feet of the subject property, who have not filed with the Modification Committee their written consent to the granting of the modification requested. Appeals from decisions of, the Modification Committee shall be made to the Planning Commission. After action on an appeal by the Planning Commission, an appeal may be made to the City Council in the same manner as an appeal for a variance. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen (15) days from the passage thereof shall cause the same to be pUblished and Arcadia News, once in the Arcadia Tribunel a newspaper of general circulation, published and circulated in the City of Arcadia, and thirty (30) days from and after the final passage thereof. said Ordinance shall take effect and be in force. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, held on the 2nd day of October , 1956, by the affirmative vote of at least three Councilmen, to wit: AYES: , NOES: Councilmen Dennis, Jacobi, Phillips and Re1bold None ABSENT: . Counci~an Camphouse ~ -31'.:- " ~ I / ~) ~ j~ y~ e City 0 rca a SIGNED AND APPROVED . . \' . ':'32- 967