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ORDINANCE NO.87'"
AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY
OF ARCADIA, CALIFORNIA. AMENDING SECTIONS 5
AND 15 OF ORDINANCE NO.760 OF SAID CITY.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND ORDAIN
AS FOLLOWS:
SECTION 1. After publiC hearings before the City Planning Com-
mission and the City Council, and upon reviewing and considering all
evidence received thereat, that the public necessity, convenience
and general welfare require that Ordinance No.760 of the City of
Arcadia be amended as hereinafter provided.
SECTION 2. That Sections 5 and 15 of Ordinance NO.760 of the
City of Arcad1a. 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 ADJUSTMENT. AMENDMENT AND ENFORCEMENT: PRESCRIBING PENALTIES FOR
VIOLATIONAND REPEALING ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT
THEREWITH.", adopted May 3, 1949, be and the same are hereby amended
to read respectively as follows:
"SECTION 5: "R-l" SECOND ONE-FAMILY ZONE. The fOllOWing regulations
shall apply in the "R-l" Second One-Family Zone unless otherwise provid-
ed in this Ordinance.
Ai' USE.
No building or land shall be used add no building shall be here-
after erected, constructed or established. except for the follow1ng
uses.
1.One-family dwellings of a permanent character placed in perman-
.
ent locations; private garages; carports.
2. The raising or keeping of not to exceed a total of Ten (lO)
fowl or birds, the raising or keeping of Racing Homing Pigeons under
such regulations aS,may be imposed by Ordinance. and a total of not
to exceed Five (5) small animals (and the offspring of each thereof
until such offspring is cap*ble of being raised or maintained separate
from and independently of full grown members of the same species).
. keeping of livestock; each of the foregoing to be subJect to such ~Q
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regulations as are now or may hereafter be imposed by Ordinance; private
greenhouses and horticultural collections (grown in the ground); fruit
and vegetable ga~dens, fruit trees, nut trees, sale of only the pro-
ducts produced on the premises
3. Underground storage of petroleum products for use on the
premises.
4. Transitional Use, subject to the following conditions:
a. A two-family dwelling where a one-family dwelling would
otherwise be permitted when the side of a lot in the "R-l" Zone abuts
upon property zoned for "R-3", "p", "C-2", "C-3", "M-l", or "M-2" Zones.
b. A public parking area where the side of a lot in the
"R-l" Zone abuts upon a lot zoned for commercial or industrial purposes
and is developed as required in Section 15.
c. In no case shall any part of such transitional use be
located farther than seventy-five (75) feet from the less restricted
zone.
.
B. HEIGHT.
Two and one-half (2i) dories and not to exceed thirty-five
(35) feet, except as prOVided in Sections 15 and 16.
'C. FRONT YARD.
There shall be a front yard of not less than twenty-five (25~)
per cent of the depth of the lot" provided such front yard need not
exceed twenty-five (25) feet except~ where lots comprising sixty (60)
per cent or more of the improved frontage on one side of a street,
between intersecting streets are developed with buildings ,having a front
yard different than herein prescribed, the required front yard shall
be the average of those having a variation of not more than six (6)
feet from the standard front yard herein prescribed, provided that
where exceptionally deep lots or exceptionally shallow lots prevail,
the Planning Commission may, in the manner provided for considering
variances, (Section 16, Pat I C) establish an appropriate special
front yard depth which, when approved by the City CounCil, shall
govern; provided, however, that if a front yard depth ot~er than
t that herein prescribed is now or may hereafter be established by
.
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Section l5, C. Area, sub-paragraph 2 of this Ordinance, the requir-
.
, .
ed front yard depths shall be as prescribed by such Section.
D. SIDE YARD.
On interior lots there shall be a side~ard on each side
of a building of not less than three (3) feet, provided that when
one or more dwellings are erected at locations on a lot other than
the building site contiguous to the front yard the required s~de yard
for each such building shall be not less than ten (10) feet.
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on corner lots the required aide'yard line adjoining the
. interior lot shall be the same as for interior lots. The required
side yard on the street side shall be ten per cent (l~) of the width
of the lot, provided it shall be not less than ten (10) feet; ~nd
provided further that accessory bUildingS~~ii be located not less
than fifteen (l5) feet from the side street lot line.
E. REAR YARD.
On lots having only one dwelling there shall be a rear yard
of not less than twenty-five (25~) per cent of the depth of the lot,
. provided such rear yard need not exceed twenty-five (25) feet.
On lots having two or more dwellings the required rear yard
for the dwelling nearest the rear lot line shall be not less than ten
(10) feet and the distance between separate dwellings on the same lot
shall be not less than thirty-five (35) feet.
F. LOT AREA PER FAMILY.
Every main building hereafter erected, constructed or es-
tablished shall have a lot area of not less than seven thousand five
hundred (7500) square feet per family, and shall have a width of not
.
less than seventy-five (75) feet at the front building line,
that where a lot has less area than herein required, a~~was
prior to June 28, 1940, said lot may be occupied by no~more
provided
V
Of record
than one \.-
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family; and provided that if such parcel of land is a recorded lot
having the required lot area but a minimum width of fifty (50) feet
at the front building line and was of record prior to January 27, 1949,
said lot may be occupied by not more than one family.
There may be one additional dwelling erected for each tull
seven thousand five hundred (7500) square feet' in excess ,of the required
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minimum of seven thousand five hundred (7500) sqaare feet, but not
more than three single family dwellings will be permitted on any
one lot or parcel of land in Zone "R-l".
No lot or parcel of land held under separate ownership at
the time this ordinance becomes effective shall be separated in
ownership or reduced in size below the minimum lot width or lot area
required by this ordinance nor shall any lot or parcel of land held
under separate ownership at the time this ordinance becomes effective
and which has a width or an area less than that required by this
ordinance be further reduced in any manner. No portion of a lot,
necessary to provide the required area per dwelling unit, shall be
separated in ownership from the portion of the lot upon which the
building containing the dwelling unit or units is located.
Where building site areas, other than recorded subdivided
lots, va~y from. the minimum requirements herein provided, it shall
be the respoDsibility of the Planning Commission, upon its own
motion or by application of a property owner or owners, to ascertain
all pertinent facts and to determine what, in the face of such
facts, would constitute the greatest adherence to the standards and
pUrposes of this ordinance and to then recommend such interpretations
to the City Council. Upon the review by the City Council and the
approval thereof by Resolution, such adjustment shall thereafter
become effective as it pertains
under this paragraph need notbe
to specific property. Proceedings
~
submitted to public hearings."
"SECTION 15: GENERAL PROVISIONS AND EXCEPTIONS.
A. USE
.
l. General.
a. 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 permitted
in the same zone in which such building or land is located. If
any "use" is for any reason omitted from the lists of those specifi-
t
ed as permissible in each of the various eones herein designated,
or if ambiguity arises concerning the appropriate classification
,
of a particular use within the meaning and intent of this ordinance,
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or if ambiguity exists with reference to matters of height, yard
requirements, or area requirements as set forth herein and as they
may pertain to unforseen circumstances, it shall be the duty of the
Planning Commission 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.
Every main building hereafter erected, constructed or es-
tablished shall be provided with minimum off-street parking accom-
modations as follows:
1. FOR DWELLINGS there shall be at least one parking space
on the same site with the main building for each dwelling unit and
such parking space shall be not less-than eight (8) feet wide by
twenty (20) teet long, with adequate provision for ingress and egress.
. Such parking space shall be located back of the required front yard,
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 building or, contiguous thereto as follows:
(a) For Churches, High Schools, Colleges and University
Auditoriums and other places of occasional assembly,
at least one (l) parking space for every ten (lO)
seats provided in said building.
(b) For Hospitals and Institutions, at least one (l)
parking space for.every two (2) beds provided in
said buildings.
(c) For Hotels and Clubs, at least one (l) parking space
for every three (3) guest rooms provided in said
.
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d) For Theatres, Au8itorims and other similar places
buildings.
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of assembly, at least one (l) parking space for
every tour (4) seats provided in said building.
3. For tourist courts, at least one (l) parking space
for each individual sleeping or livibg unit.
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b. IMPROVEMENTS.
.
All "public" parking areas and "used car sales areas" herein
permitted shall be improved as follows:
l. All such areas shall be paved with asphaltic or concrete
surfacing so as to eliminate dust, and where such parking areas
abut,property classified for "R" uses. it shall be separated there-
from by a solid masonry wall six (6) feet in height, maintained in
good condition, provided said wall, from the front property line to
a depth equal to the required front yard on the abutting "R" classi-
. fied property shall be three and one half (3;) feet in height; and
proYided a fence may be erected along the front property line to a
height of three and one-half (3;) feet, and provided where no fence
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i8 erected along any boundary of such parking area but.ting upon a
street a suitable concrete curb or timber barrier not less than six
(6) inches in height shall be securely installed and maintained.
3. LOADING SPACE.
a. Every main building ~ereafter erected~ ,constructed or es-
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t tablished in any "c" or "M" Zone, when such buUlding 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:
1. One (1) loading space for each six thousand (6000) square
feet of lot area upon which such building is located; prOVided,
however, that not more than two (2) such spaces shall be required
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 thous~nd (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, 194O, a one-family dwelling existed
on a lot having an a~ea of less than fifteen thousand (15,000) square
feet in Zone "R-l" and such dwelling is located so as to leave a
building-site on the front portion of the lot, incldding 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 &&ae manner
provided 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, provided
no additions or enlargements are made thereto and no structural
alterations are made therein, except those required by law. If
such non-conforming building is removed, ivery tuture use of such
\
premises shall be in conformity with the provisions of this ordinance.
c. The non-conforming use of a building existing at the
time this ordinance became effective may be continued provided~
l. That a non-conforming use of a non-conforming building
may be expanded or extended throughout such building provided no
structural alterations except those required by law are made therein.
2. That a non-conforming use of a conforming buulding shall
not be expanded or extended into any other portion of the conforming
building~ and if such non-conforming use is discontinued, any
future use of such building shall be in confOrmity with the pro-
visions of this ordinance; provided, however, that all non-conform-
.
ing uses of a conforming building shall be discontinu~d not later
than three (3) years from the effective date of this ordinance.
3. That in all "R" Zones every non-conforming building
which was designed, or intended for use not permitted in such a
zone, other than a residential bUilding, shall be completely remov-
ed or altered to structurally conform to the-uses permitted in such
zone within a time fixed by the Planning Commission and approved
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by the City Council. Such time for removal o~ alteration may not
be fixed for a date before the expiration of the normal life of
such building as found by said Commission and City Council. In
no event may the normal life of such building be fixed at less
than forty (40) years from its original constructionr
Such findings of the normal life of a non-conforming build-
ing and the fixing of,time for its removal or alteration may only
,
be had after notice to the owner and hearing had thereon in the
manner provided for the consideration of variances.
No ~u~h order shall require the removal or alteration of such
a building within ten (lO) years from the time such order is made.
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When such an order is made, it shall be the duty of the Planning Com-
mission to give the owner of the building affected written notice
thereof immediately upon the order becoming final, and again not
less than sixty (60) nor more than ninety (90) days prior to the
date such removal or alteration is required to be completed.
4. That, subject to all other regulations of this Section and
other prdinances, a building destroyed to the extent of not more than
seventy-five (75~) per cent of its reasonable value by fire, explosion
or other casualty or Act of God, or the public enemy, may bexestored
and the occupancy or use of such building or part thereof which
existed at the time of such patial destruction may be continued.
d. The non-conforming use of land where no structure there-
on is empl.yed therefor, existing at the time this ordinance became
effective may be continued for a period of not more than three (3)
years therefrom, provided:
l. That no non-conforming use of land shall in any way be ex-
panded or extended either on the same or adjoining property.
2. That if' the non-conforming use of' land existing at the
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time this ordinance became effective is thereafter distontinued 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
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and billboard~existing at the time of this ordinance became effective
may be continued, although such use does not conform with the pro-
visions hereof; provided, however, that all such non-cpnforming signs
and billboards and their supporting members shall be completely re-
moved by their owners not later than three (3) years from the ef-
fective date of this ordinance.
e. The foregoing provisions shall also apply to bu*ldings,
land and uses which hereafter become non-conforming due to any re-
classification 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 abandonment of a non-
conforming use. The cessation from the active participation in a
non-conforming use for a period in excess of ninety (90) days shall
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conclusively be ,presumed to constitute the abandonment of such
non-conforming use, unless within such period of ninety (90) days
the owner, occupant or tenant of the premises upon which such non-
conforming use is existant, shall file with the City Clerk a veri-
fied declaration containing the following information:
(1) The legal description of the premises upon which the
non-conforming use has existed;
(2) The street address by which such premises are commonly
knownJ
.
(3) The name and address of the owner, occupant or tenant
of such premises;
(4) The business or trade name, if any, under which the non-
conforming use is conducted;
(5) A statement that the cessation of the non-conforming use
is temporary, the reason for such cessation, and the estimated
duration of such cessation."
SECTION 3. 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 once in the
Arcadia Bulletin, 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 C&uncil of theCity of Arcadia, held
on the l7th day of November
, 1953, by the affirmative vote
. of ~t least three Councilmen, to-wit:
AYES:
NOES:
ABSENT:
Councilmen Dow, Hulse, Kennett and Schmocker
None
Councilman Nottingham
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City Clerk or the City or Arcadia
SIGNED AND APPROVED this l7th
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ATTEST:
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