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HomeMy WebLinkAbout0878 ,"- ,,'\, '0 ORDINANCE NO. 878 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 4, $, 6, 7, ll, 12., 1$, l6 and l7 OF ORDINANCE NO. 7~O OF SAID Crry AND REPEALING SECTION l8 THEREOF THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND ORDAIN AS FOLLOWS: SECTION l. After public hearings before the City Plan- ning Commission and the City Council, and upon reviewing and con- sidering all evidence 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 Section 4- . 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: ADOPl'ING A MAP SHOWING THE BOUNDA- RIES OF SAID ZONES: DEFINING THE TERMS USED IN THIS ORDINANCE: PROVIDING FOR ITS ADJUSTMENT, AMENDMENT AND ENFORCEMENT: PRESCRIB- ING PENALTmS FOR VIOLATION AND REPEALING ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH"i, adopted May 3, 1949, be and the same is hereby amended to read as follows: "SECTI0N 4. flR_O" FIRST ONE-FAMILY ZONE. , The following regulations' shall apply in the "R-O'" First One-Family Zone unless otherwise provided in this Ordinance. . A. USE No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses; 1. One single-family dwelling of a permanent character, provided that on sites containing fifteen thousand (1$,000) square feet or more there may be one additional house wi thout kitchen . facilities for guests or servants of the family occupying the - 1 - I . 1~,EXiD' OA-c./. r,?,y single-ftamily dwelling on said lot; private garages, accessory buildings, carports. 2. Agricultural crops, private greenhouses and horti- cultural collections (grown in the ground); flower and vegetable gardens; fruit trees, nut trees; poultry raising, rabbit raising for.domestic, non-commercial use, not to exceed one hundred chick- ens, ten turkeys, ten pigeons, five geese, five ducks, twenty-five rabbits; not more than two (2) horses for the use of the family occupying the lot on sites having an area of not less than sixteen thousand (l6,000) 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 Recorder of Los Angeles County, provided one (l) additional horse may be kept for each additional five thousand (5,000) square feet over the minimum sixteen thousand (16,000) square feet, and provided further that no more than a total of five (5) hOI'ses shall be maintained, provided that the keeping of all poultry, rabbits and domestic animal s provided for herein shall conform to other provisions of law governing same; community build- ings' and libraries, together with the usual accessoI'ies necessary and incidental to the use of the main building located on the same lot or parcel of land, when owned and controlled by ~City of Arcadia. 3. One (l)unlighted sign not exceeding six (6)' square feet in area pertaining only to the sale, lease, or hire of only the p~ticular building, property or premises upon which displayed. t No other advertising signs, structures or devices of any character shall be permitted in any "R-O"' First One-Family Zone. 4. Underground storage of petrOleum products for use on the premises. B. BUILDING HEIGHT Two and one-half (2~) stories and not to exceed thirty- five (35) feet except as provided in Sections l5 and l6. , - 2 - OAe! P;?J) . I C. FRONT YARD There shall be a front yard of not less than twenty- five per cent (25%) of the depth of the lot, provided such front yard need not exceed thirty (30) feet, except where sixty per cent (60%) or more of the improved frontage on one side of a street between intersecting streets is 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 pre- scribed;: provided that where exceptionally deep lots or exception- ally shallow lots prevail, an appropriate special front yard depth established in the manner provided for in Section 16 herein- after shall govern;: provided, however, that if a front yard depth, other than that herein prescribed, is now or may hereafter be established by Section l5, C. Area, Subparagraph 2 of this Ordi- nance, the required front yard depths shall be as prescribed therein. t D. SIDE YARD On interior lots there shall be a side yard on each side of a building of not less thm three (3) feet;. provided that when one or more dwellings are erected at locations on a lot other than the building si teB contiguous to the front yard the required side yard for each such building shall be not less than ten (lO) feet. On corner lots the required side 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 (10%) of the width of the lot, provided it shall be not less than ten (lO) feet. E. REAR YARD On lots containing less than fifteen thousand (15,000) square feet there shall be a rear yard of not less than twenty-five - 3 - rJA-cl Fzfi' . (25~) per cent of the depth of the lot, provided such rear yard need not exceed twenty-~ive (25) feet. On lots having an area of fifteen thousand (l5,000) square feet or more, 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 established shall be on a lot having a width of not less than eighty (80) feet fronting on a public street. Provided, however, that where a lot has less area than herein required, !O. d was of record prior to June 28, 1940, said lot may be occupied by not more than one family. Where building site areas, other than recorded subdivided lots, vary from the minimum requirements herein provided, it shall be the responsibility of the Planning Commission, upon its own motion, or by application of a property owner or owners, to ascer- tain 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 interpreta- tion to the City Council. Upon the review by the City Council and . the approval thereof by resolution, such adjustment shall there- after become effective as it pertains to specific property. Pro- ceedings under this paragraph need not be submitted to public hearing.n SECTION 3. That Section 5 of said Ordin~ce No. 760 be amended to read as follows: nSECTION 5: nR_ln SECOND ONE-FAMILY ZONE. The following regulations shall apply in the nR_ln Second One-Fmnily Zone unless otherwise provided in this Ordinance. . - 4 - /7 I f1f l /A..C- ' t . A. USE No building or land shall be used and no building shall be hereafter erected, constructed or established except for the following uses: 1. One-family dwellings of a permanent character placed in permanent 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 capable 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 regulations as are now or may hereafter be im- posed by Ordinance; private greenhouses and horticultural collec- tions (grown in the ground); f'ruit and vegetable gardens, fruit trees, nut trees, sale of only the products 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 \.Won property zoned for "R-3", "p", "e-2", "c- 3"', uM-l", or "M-2" Zones. b. A public parking area where the side of a lot in the "R-l II, Zone abuts upon a lot zoned for commercial or industrial pur- poses and is developed as required in Section l5. c. In no case shall any part of such transitional use be located farther than seventy-five (75) feet from the less restric- ted zone. t - 5 - U/l-cI f1 J/ . B. HEIGHT Two and one-half (2t) stories 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 per cent (25%) of the depth of the lot, provided such front yard need not exceed twenty-five (25) feet except, where lots compris- ing sixty per cent (60%) 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, an appropriate special front yard depth established in the manner provided for in Section 16 hereinafter shall govern; provided, however, that if a front yard depth other than that herein prescribed is now or may here- after be established by Section l5, C. Area, Sub-paragraph 2 of this Ordinance, the required front yard depths shall be as pre- scribed by such Section. ~. SIDE YARD On interior lots there shall be a side yard 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 side yard for each such building shall be not less than ten (10) feet. On corner lots the required side 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 (lO%) of the width of the lot, provided it shall be not less than ten (10) feet. . - 6 - OACP f7:?" E. REAR YARD On lots having only one dwelling there shall be a rear yard of not less than twenty-five per cent (25%) 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 (lO) 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 established 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, j provided that where a lot has less area than herein required, and was of record prior to June 28, 194o, sa! d lot may be occupied by not more than one 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 full seven thousand five hundred (7500) square feet in excess of the required minimum of seven thousand five hundred (7500) square feet, but not more than three single family dwellings will be , permitted on anyone lot or parcel of land in Zone "R_ln. Provided, however, that no main building may hereafter be erected, constructed or established other than substantially at the front building line, nor may any additional dwelling be .' - erected, except upon ~proval . tHere.of.:-8-ecUre.d.~':',,;. .:.:, '.' r,c "l ,~.t :":::.; in accordance with Section l6: hereinafter. Such ::.:appr.o~n shall not be given if any such main building or additional dwelling . - 7 - (JjvJ Y7Y . will prevent or interfere with the opening or development of any street the location of which has been approved by the City Plan- ning Commission and the City Council, nor if such construction will prevent uniformi~y of improvement of the area. Except as provided in Ordinance No. 860 of the City of Arcadia, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REGULATING THE SUBDIVISION AND DIVIDING OF LAND .IN SAID CITY, AND REPEALING ORDINANCES 488,516, 584, 606 AND 807 OF t SAID CITY" no lot or parcel of land held under separate ownership on June 2, 1949, shall be separated in own~rship or reduced in size be- low the minimum lot width or lot area required by this Ordinance, nor shall any lot or parcel of land held under separate ownership on June 2, 1949, 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 t ~uilding containing the dwelling unit or units is located. , Where building site areas, other than recorded subdivided lots, vary from the minimum requirements herein provided, it shall. be the responsibility 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 t effective as it pertains to specific property. Proceedings under this paragraph need not be submitted to public hearings." SECTION 4. That Section 6 of said Ordinance No. 760 be amended to read as follows: "SECTION 6: "R-2" TWO-FAMILY ZONE. The following regulations shall apply in the "R-2" Two- Family Zone unless otherwise provided in this Ordinance. . - 8 - OAel F77 t t A. USE No building or land shall be used and no building shall hereafter be ereoted, o~nstruoted or established except for the following uses: 1. Any use permitted in the "R-l" One-Family Zone. ~. Two-family dwellings, or two one-family dwellings. 3. Elementary, Junior High and High Schools offering full curricula as required by State Law; churches. 4. Uses customarily incident to any of the above uses. 5. Accessory buildings, including pr~vl!-te: garages,-' .:.'J:, and. carp6r'Cs._ ",~ 6. Required parking space (See Section l5). 7. Transitional uses shall be permitte,d as follows: a. A three- or four-family dwelling where the side of a lot in the uR_2" two-family zone abuts upon a lot zoned for multiple- family dwellings, commercial or industrial purpos es. b. A public parking area where the side of a lot in the "R-2" two-family zone abuts upon a lot zoned for commercial or industrial purposes and is developed as required in Section l5. 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 No building hereafter erected, constructed or established shall exceed two and one-half (2!) stories, or thirty-five (35) feet. . . C. FRONT YARD There shall be a front yard of not less than twenty-five per cent (25%) of the depth of the lot, provided such front yard need not exceed twenty-five (25) feet except, where lots comprising . - 9 - .. Q-tc/ f7R/ s'ixty per cent (60%)' or more of the improved frontage on one side . . of the street botween intersecting streets are developed with build- ings having a front yard different than herein prescribed, the re- qUired front yard shall be the average of those having a variation of not more than six(6) feet from the stand~rd front yard herein prescribed, provided that where exceptionally deep lots or excep- tionally shallow lots prevail, an appropriate special front yard depth establishod in the manner provided for in Section l6 herein- after shall govern; provided, however, that if a front yard depth other than that herein prescribed is now or may hereafter be established ,by Section 15 c. Area, Subparagraph 2 of this Ordinance, the required front yard depths_shall be as prescribed therein. D. SlDE YARD On interior lots there shall be a side yard on each side of a building of not less than three (3) feet. On corner lots the required side yard adjoining the in- terior lot, shall be the same as for interior lots. The required side yard on the street side.'shall not be less than ten (lO) feet. E. REAR YARD On lots having only one dwelling there shall be a rear yard of not less than twenty-five per cent (25%) of the depth of the lot, pDDvided 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 (lO) feet and the distance between separate dwellings on the same lot shall be not l~ss than twenty-five (25) feet. F. LOT AREA PER FAMILY The minimum lot area in Zone R-2 shall be seventy-five hundred (7500) square feet, on which may be erected two one-family dwellings, or one two-family dwelling. There m~y be two additional one-family dwellings, or one . - 10 - oul F'7JY additional two-family dwelling erected for each full seventy-five hundred (7500) square feet in excess of the required minimum of seventy-five hundred (7500) square feet; provided that if such par- cel of land is a recorded lot on June 2, 1948, and has a minimum width of fifty (50) feet, then one two-family dwelling,. or two one- family dwellings may be erected thereon." SECTION 5. That Section 7 of said Ordinance No. 760 be amended to read as follows: "SECTION 7: "R-3" MULTIPLE FAMILY ZONE The following regulations shall apply in the IR-3" Multi- ple Family Zone, unless otherwise provided in this Ordinance. &. USE No building or land shall be used and no building shall be hereafter erected, constructed or established except for the following uses: l. Any use permitted in the "R_2" Two-family zone. 2. Multiple dwellings. 3. Group houses, including bungalow courts. 4. Boarding and lodging houses. 5. Offices of physicians, surgeons, dentists and other practitioners authorized by law to prescribe, treat or serve in the field of medicine, therapy, or other services pertaining to the maintenance or restoration of health, provided that the office or offices so established and conducted shall not include beds or . other equipment or services normally constituting that of hospitals or sanitariums. 6. Private clubs, fraternities, sororities and lodges, excepting those the chief acti vi ty of which is a service cus tom- arily carried on a s a business. 7. Accessory buildings and uses customarily incident to any of the above uses, when located on the sane lot and not in- volving the conduct of a business, including servants' quarters . when located. not less than seventy (70) feet from the front lot - 11 - 0-1-(:1 J'7?/ . . line, or when erected above private garages. 8. Name plates not exceeding two (2) square feet in area containing the name and occupation of the occupant of the premises; identification signs not exceeding twenty (20) square feet in area for multiple dwellings, clubs, lodges, and similar permitted uses, and signs not exceeding twelve (l2) square feet in area. pertaining to the sale or rental of the property on which they are located; provided, however, that no advertising sign of any other character shall be permitted. 9. Parking space (See Section 15). 10. Transitional use subject to the following conditions: a. A public parking area where the side of. a lot in the "R-3" Multiple-family Zone abuts upon a lot zoned for commercial or industrial purposes. b. In no case shall any part of such transitional use be located farther than seventy-five (75) feet from the less restricted zone. HEIGHT B. . No building hereafter erected, constructed or established shall exceed four (4) stories or forty-five (45) feet. e. FRONT YARD There shall be a front yard of not less than twenty-five per cent (25%) of the depth of the lot, provided such front yard need not exceed twenty-five (25) feet, except, where lots compris- ing sixty per cent (60%) 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, an appropriate special front yard depth established in the manner provided for in Section t - l2 - C'IcI f'7J?' . 16 here1nafte~Jshall govern; provided, however, that if a front yard depth other than that herein prescribed is now or may here- after be established by Section 15 C. Area, Subparagraph 2 of this Ordinance, the required front yard depths shall be as prescribed therein. D. SIDE YARD . On interior lots there shall be a side yard on each side of a building of not less than three (3) feet, provided that for buildings higher than two (2) stories each required side yard shall be increased by one (1) foot for each story in excess of two (2) stories. On corner lots the required side yard adjoining the in- terior lot shall be the same as for interior lots. The required aide yard on the street aide shall be not less than ten (10) feet. E. REAR YARD The required rear yard for t he dwelling nearest the rear . lot line shall be not leas than ten (lO) feet and the distance be- tween separate dwellings on the same lot shall be not less than fifteen 0,5) feet, and further provided that the rear yard shall be increased by one foot for each story in excess of two stories. F. LOT AREA PER FAMILY . Every dwelling hereafter erected or structurally altered shall have a lot area of not less than seven hundred and fifty (750) s~uare feet per family; provided that these regulations shall not apply to hotels or apartment hotels where no cooking is done in any individual room, suite or apartments." SECTION 6. That Section II of said Ordinance No. 760 be amended to read as follows: "SECTION ll: "M-llI LIGHT MANUFACTURING ZONE The following regulations shall apply in the "M-l": Light . - 13 - o /LCl, f7f Manufacturing Zone unless otherwise provided in this Ordinance. Buildings erected or structurally altered and used exclusively for dwelling purposes shall comply with the front, side, and rear yard regulations of the "R-3" Zone. A. USE No building or land shall be used and no building shall be hereafter erected, constructed or established except for one or more of the following uses: 1. Any use permitted in the "C-3" Zone. 2'. Wholesale business, storage buildings and warehouses. 3. Automobile dismantling and used parts storage only I when operated or maintained wholly within a building. 4. Automobile laundry. 5. Bakery. 6. Blacksmith shop. 7. Boat building. 8. Bottling plant. 9. Building material storage yard. 10. Cabinet shop or furniture manufacture (Carpenter shop). 11. Carpet cleaning plant. 12. Cleaning and dyeing plant. l3. Contractors plant or storage yard. I 14. Creamery. 15. Dairyproducts manufacture. 18. Electric or Neon sign manufacture. 20. Fuel yard. 21. Food products manufacture for human consumption only. 22. Garment manufacture. 23. Ice and cold storage plant. 24. Kenne ls, dog (4 or more adult do gs) . 25. Laboratory, experimental, motion picture, testing. 26. Laundry 27. Lumber yard. I - 14 - ON;: f. zV' . 28. Machine shop. /' . 29. Mill, planing. 30. Motion picture studio. 32. Rubber (only fabrication of products made f'rom . finished rubber). 33. Sheet metal shop. 34. Shoe manufacture. 35. Soap manufacture (cold mix only). 31. stone monument works. 38. Storage warehouse. 39. Storage space for transit and transportation equip- ment except freight classification yard. 40. Textile manufacture. 41. Tire rebuilding, recapping and retreading. 42. Truck repairing and overhauling. 43. Veterinary hospital. 44. Accessory buildings and uses customarily incident to any of the above uses when located on the same lot. 45. Parking space (See Section 15). 46. other kinds of manufacture, processing or treatment of products other than those which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise or other simi- lar characteristics, including hazards, provided that the determi- nation of the character of any use as defined in this item shall be arrived at as set forth in Section 15, Paragraph A, Use, Subparagraph l. General, Item "a". . . B. HEIGHT No building hereafter erected, constructed or established shall exceed four (4) stories or forty-five (45) feet. C . FRONT YARD. No front yard shall be required. - 15 - au:.! f7j?' t D. SIDE YARDS No side yards shall be required. E. REAR YARD No rear yard shall be required. F. LOT AREA PER FAMILY Every main building hereafter erected, constructed or established shall have a lot area of not less than 'seven hundred and fifty (750) square feet per family; provided, however, that this regulation ahall not apply to hotels or apartment hotels where no cooking is done in any individual room, suite or apartment." t SECTION 7. That Section l2 of said Ordinance No. 760 be amended to read as follows: "SECTION l2: "M-2" HEAVY MANUFACTURING ZONE The following regulations shall apply in the "M_2" Heavy Manufacturing Zone unless otherwise provided in this Ordinance. t A. USE No building or land shall be used and no building shall be hereafter erected, constructed or established except for one or more of the following uses; provided, however, that no building or portion thereof shall be hereafter erected, constructed or estab- lished, converted or used for any use permitted in the "R-3D Zone; provided, however, that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such. shall have been approved by the City Planning Commission in the manner provided for dealing with variances (Section 16,,),: t ~'. :I t , , ,0 .' 1. 2. 3. 4. 5. 6. r' " . Any use permitted in the "M~ln Zone. Acetylene 'gas manufacture or storage. Acid manufacture. Alcohol manufacture. Ammonia, bleaching powder or chlorine manufacture. Asphalt manufacture or refining. - 16 - r/A.cL.J?7r . . 7. Blast furnace or coke oven. 8. Boiler works. 9. Brick, tile or terra cotta manufacture. lO. C,ement, lime, gypsum or plaster of paris manufacture. 11. Concrete manufacture (Ready-mix). 12'. Cotton gin or oil mill (non-continuous process). 13. Distillation of bones. 13a. Distributing plant. 13b. Draying, freighting or trucking yard or terminal. l4. Drop forge industries manufacturing forgings with power hammers. 14&. Eque8trian e8tab~i~&nts. Q~QdQm19s. s~RQQIB. ~B9 . ments. I :15. Explosives, manufacture or storage. 16. Fat rendering. 17. Fertili~er manufacture. l8. Fish smoking, curing or canning. l8a. Food products manufacture, for other than human consumption. 19. Freight classification yard. 20. Garbage, offal or dead animal reduction or dumping. 2.1. Gas manufacture. 22. Glue manufacture. 23. Iron, steel, brass or copper foundry or fabrication plant. 24. Lamp black manufacture. 25. Oil oloth'or. linoleum.manufacture. 26. Oil extraction plants. 27. Ore reduction. 28. Paint, oil, shellac, turpentine or varnish manufacture. 29. Paper and pulp manufacture. 30. Petroleum products, or wholesale storage of petroleum. 3l. Petroleum refining. - l7 - d tt.,d P Zr 32. Plastic, manufacture of. 33. Potash we rks. 33a. Poultry and rabbit slaughter. 34. pyroxlin manufacture. 35. Railroad repair shops. 36. Rolling mills. 31. Roofing manufacture. 38. Rubber, reclaiming of and manufacture of synthetic rubber or its constituents. 39. Salt works. l~o. Smelting of tin, copper, zinc or iron ores. ~.l. Soap manufacture. 42. Soda and compound manufacture. 42a. stable or riding aeadeay. 43. Stock feeding pens. 44. Stock yards or slaughter of animals. 45. stove or shoe polish manufacture. 46. Tannery. 41. 48. 49. 50. Wineries. 5l. Wool pulling or scouring. 52. Those uses which may be obnoxious or offensive by reason of emission of odor. dust, smoke, gas, vibration, noise Storage or baling of rags, paper, iron or junk. Tar distillation or tar products manufacture. Used car junk areas. . t and the like. 53. Accessory buildings In d uses customarily incident to any of the above uses when located on the same lot. 54. Parking space (See Section l5). B. BUILDING HEIGHT No building hereafter erected. constructed or established shall exceed a height ' . ..' of four (4) stories or forty-five (45) feet. - l8 - (/;tJ r~ j?/ . NOTE: The City Planning Commission and the City Council recognize, and hereby declare, that the City of Arcadia is a com- ponent part of a large metropolitan area, wi thin which larger area are contained facilities which in amount,' location, physical characteristics and available services are preeminently suited for use by industrial enterprises; that all of the area contained within \ the corporate limits of the City of Arcadia are, in relation tq the said metropolitan area, and by reason of geography, topography and meteorological conditions, preeminently suited to residential pur- poses, together with such related commercial and light industrial . uses necessary to serve the immediate needs of the residential area; that the considerations which make the area of the City of Arcadia so suited to residential purposes are the same conditions which make the same area. relatively unsuited to heavy industrial enterprises; that the County of Los Angele s, through the Regional Planning Com- mission, is successfully coordinating its own land use plans with those of the many cities comprising the metropolitan area, thus pro- . ducing a metropolitan area-wide zoning plan; that should the City of Arcadia, by provisions of this ordinance or subsequent ordinances, make no actual provision for the location of heavy industries, such determination will not constitute prohibition, but rather would conform to comprehensive regulation on the metropolitan area basis." SECTION 8. That Section l5 of said Ordinance No. 760 shall be amended to read as follows: "SECTION l5: GENERAL PROVISIONS AND EXCEPl'IONS . - 19 - OAL"/ r'7 r t A. USE l. 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 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 specified as permissible in each of the various zones t herein designated, if ambiguity arises or concerning the appropri- ate classification of a particular use within the meaning and I intent of this Ordinance, or if ambiguity exists with reference to matters of height, yard requirements, or area requirements as Bet forth herein and as they may pertain to unforseen circumstances, it shall be the duty of the City 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 ap- proved by the City Council, thereafter such interpretation shall govern. I 2. PARKING REQUIREMENTS a . AREA Every main building hereafter erected, constructed or established shall be provided with minimum off-street parking accommodations as follows: (ll FOR DWELLINGS there shall be at least one and one- quarter (1*) 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 park- ing 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 parking space would otherwise be required by I - 20 - a/1.d ft7? t the terms hereof. Each 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:, t (a) For Churches, High SchOOls, Colleges and Univer- sity Auditoriums and other places of occasional assembly, at least one (1) parking space for every ten (lO) seats provided in said building. (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 (l) parking space for every three (3) guest rooms provided in said buildings. (d) For Theatres, Auditoriums and other similar places of assembly, at least one (l) parking space for every four (4) seats provided in said building. (3) FOR TOURIST COURTS there shall be at least one (1) t parking space for each individual sleeping or living unit. 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 con- crete surfacing so as to eliminate dust, and where such parking areas abut property classified for "R" uses, it shall be separated therefrom by a solid masonry wall six (6) feet in height, maintained t in good condition, provided said wall, from the front property line to a depth equal to the required front yard on the abutting "R" classified property shall be three and one-half (3i) feet in height; and provided 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 is erected along any boundary of such parking area abutting Vpon a street a suitable concrete curb or timber barrier not less than six (6) inches in height shall be securely installed and t maintained. - 21 - Otc/ P7P . . . . . 3. LOADING SPACE o Every main building hereafter erected, constructed or established in any "c" or "M" Zone, when such building is located I 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 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 thous- and (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) squa~e 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 thousand (l5,000) 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, 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 provided herein, whereupon the said original dwelling shall assume the status of a non-conforming use as defined here tn. b. A non-conforming building may be continued, provided no additions or enlargements are made thereto and no structural altera- tions are made therein, except those required 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 existing on June 2, 1949, may be continued, provided: (1) That a non-conforming use of a non-conforming build- ing may be expanded or extended throughout such building provided no structural alterations except those required by law are made therein. - 22 - (//eJ:/ P7r . (2) That a non-conforming use of a conforming building sball not be expan~ed or extended into any other portion of the conforming building, and i~ 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-conforming uses of a conforming building shall be discontinued not later than June 2, 1952. (3) That in all "}in Zones every non-conforming building . a which was designeq, or intended for/use not permitted in such a zDne, other than a residential building, shall be completely removed or altered to structurally conform to the uses permitted in such . zone within a time fixed by the Planning Commission and approved by the City Council. Such time for removal or 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 construction. Such findings of the normal life of a non-conforming building 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 variancez. No such order shall require the removal or alteration of such a building within ten (lO) years from the time such order is made. When such an order is made, it shall be the duty of the . Planning Commission 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 Sec- tion 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 - 23 - {//l-CL f7,fY 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 building which becomes non-conforming solely by, reason of the extension of Baldwin Avenue from Huntington Drive to Colorado Street, may, after destruction to any extent, be. restored in substantially the same manner and location and the occupancy or use of such building, 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, existing on June 2, 1949, may be con- tinued for a period of not more than three (3) years therefrom, pI'ovided: . (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 ex:ls ting on June 2, 1949, is thereafter discontinued or changed, any future use of such land shall be in conformity with the provisions of this Ordinance. (J,) 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; pro- vided, 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 build- ings, land and uses which hereafter become non-conforming 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 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 . - 24 - ad ?7r . , conolusively be presumed to oonstitute the abandonment of suoh ~ non-conforming use, unless within suoh period of ninety (90) days the owner, oooupant or tenant of the premises upon which suoh non-oonforming ~se is existent, shall file with the City Clerk a verified deolaration oontaining the followi ng information: (1) The legal desoription of the premises. upon whioh the non-oonforming use has existed; (2) The street address by whioh suoh premises are oom- . monly known; (3) The name and address of the ovmer, oooupant or tenant of suoh premises; (4) The business or trade name, if any, under whioh the non-oonforming use is oonduoted; (5) A statement that the oessation of the non-oonforming use is temporary, the reason for suoh oessation, and the estimated duration of suoh oessation. . The City Clerk shall, at the first regular meeting next following the filing of suoh deolaration, inform the City.Counoil that suoh deolaration was so filed. The City Counoil shall at . suoh meeting approve the declaration so filed, unless at suoh meet- ing it orders a publio hearing to be held for the purpose of determining the truth, adequaoy or validity of the statements therein oontained. . At any time within the period of the estimated duration of oessation set forth in such deolaration, the City Counoil on its own motion may" and upon the written request of any interested person shall order prooeedings taken for the purpose of determining the truth, adequaoy or validity of the statements oontained in suoh deolaration. Suoh prooeedings shall be held in substantial oompliance with the provisions of Ordinanoe No. 760 relating to the granting - 25 - O.{cf. f' 7 JY . . of variances. Any person requesting such proceeding shall be required to pay such fees as are required to be paid by applicants for variances. The filing of such declaration shall be prime facie evi- dence of the truth of the statements therein contained. The decision' of the City Council upon the conclusion of such proceed- ings 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 (3$) foot height zones may be increased in height by not more than ten (lO) feet when two (2) side yards of not less than fifteen (l$) feet each are provided. Such dwellings, however, shall not exceed three (3) stories in height. b. In the thirty-five (3$) 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 in- creased 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 . . . - 25Bi - ~; O/f...r~f 7? . height regulations' and basis of height measurements 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 equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts or similar structures may be erected above the height limits herein prescribed, but no pent- houses or roof structures or any space above the height limit shall be allowed for the purpose of providing additional floor space. . C . AREA l. GENERAL Except as hereinafter provided, " a. Except as provided in a:tloresai:d 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 popu- lation be increased in any manner except in conformity with the regulations established,herein. b. No yard or other open space provided around any building for the purpose of complying with the provisions of this Ordinance shall be considered as !%,oviding a yard or open space for any other building; 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 - 26 - 01.dr7? t located on a lot as herein defined and in no case shall there be more than one (1) main building and its accessory buildings on one lot except as herein provided. t 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 ~rmitted on said parcel of land unless all regulations herein established are complied with or a subdivision tract map is recorded with the Recorder of Los Angeles County, or a division thereof made in accordance with, said Ordinance No. 860 of the City of Arcadia. e. Every required front, side' or rear yar'd shall be open and unobstructed from the ground to the sky, except as other- wise provided. f. Where two-family dwellings or multiple-family dwellings not exceeding two and one-half (2t) stories in height are arranged so as to rear upon the side yards, the following regula- tions shall apply~ (l) In the case of group houses or court ,apartments, the t required side yards upon which such dwellings rear shall be in- creased 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, unenclosed 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 t upon Which such dwellings rear shall be increased as required above for group houses and the average of the side yard upon which such dwellings front shall be not less than one and one~half (It) 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. . - 27 - {/)f1/7// . (3) All other requirements, including front, side and rear yards shall be complied with in 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 fif- . teen (15) feet from every boundary line of a property included in any "R" Zone, and provided 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 ordinances previously enacted and still in effect, the provisions contained in such previously enacted ordinances shall govern. t 3. EXCEPTIONS a. For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one (1) building occupying one (l) 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 side yard requirements for dwell- ings and apartments shall be waived where the latter are erected . above stores. d. An accessory building may occupy not more than \ twenty-five per cent (25%) of a required rear yard, provided 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. Noaccesso~ building over one (l) story in height shall occupy any part of a required rear yard. On corner lots an accessory building shall be - 28 - O{d Y7J>' t ~ t t t t located not less than te~ (lO) 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 (l) story in height, and shall be located not less than mn (10) feet from the side street line and not less than ten (10) feet from the rear lot line. On reverse corner lots an accessory building shall be located not less than fifteen (l5) 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 building shall be not more than one (1) story in height and shall be located not less than fifteen (l5) feet from the side street line and not less than ten (lO) feet from the rear lot line. 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 result- ing half shall be subject to the controls applying to the street upon which each such half faces, except that the required maximum front and rear yard may each be reduced 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 building 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 project into A side yard not more than two (2) inches for each one (l) foot of the width of such side yard and may extend or project into a front or rear yard not more than thirty (30) inches. g. Fire escapes may extend or project into any front, side or rear yard not more than four (4) feet. - ~ - ~JPif' t h. Open, unenclosed stairways, or balconies not covered by a roof, or canopy, may extend or project into a required rear yard not more than four (4) feet and such balconies and cano- pies may extend into a required front yard not more than thirty (30) inches. t i. Uncovered.porches, platforms or landing places which do not extend above the level of the first floor of the build- ing, may extend into any front, side or rear yard not more than six (6) feet~ provided, however, that an open ,work railing not more than thirty (30) inches in height may be installed or constructed on any such porch, platform or landing place. j. Open work 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 lines, provided such fence, wall or hedge does not extend into the required front yard nor into the side yard required along the side street on a cor- ner lot, which in this case shall also include that portion of the rear yard abutting the intersecting street wherein accessory build- ings are prohibited, and further provided that the provisions shall not be so interpreted as to prohibit the erection of a fence en- closing an Elementary or High School site, if such fence does not project beyond the front line of the building. l. Trees, shurbs, flowers or plants shall be per- mitted in any required front, side or rear yard." t . . SECTION 9. 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 variances. modifications and zone changes. - 30 - O/ccl ,f7f' t t A. VARIANCES When practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this Ordinance occur by reason of a strict interpretation of any of the pro- visions of this Ordinance, the Planning Commission upon its own motion or upon the verified application of any interested person, may in specific cases initiate proceedings for the granting of a variance from the provisions of this Ordinance under such condi- tions as may be deemed necessary to aS,sure that the spirit and pur- poses of this Ordinance will be observed, public safety and welfare secured, and substantial justice done. All acts ~erformed.by city of.fic:ers,. under the provisions of this S,ection shall be construed as administrative acts performed 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 be construed as amendments to the provisions of this Ordinance or map. 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 generally to the property or class of use in the same zone or vicinity. 2. That the grant'1ng 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 right of the applicant possessed by other property in the same zone and vicinity. 4. That the granting of such variance will not adversely affect the comprehensive general plan. t I I - 31. - ac/. 97 fY t t C. INFORMATION RE~UIRED Applications for variances and modifications shall be accompanied 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 fram which said property is sought to be excepted. D. AMENDMENTS AND CHANGES OF ZONE BOUNDARIES Whenever the public 'necessity, convenience, general wel.- fare or good. zoning practice justifies such action, the Planning Co~ission or City Council upon its own motion may, or upon the verified application of any interested person shall, initiate pro- ceedings to change the zones or regulations established by this Ordinance. t E. FILING OF APPLICATIONS Applications for variances, modifications, and changes of z~ne shall be made in writing to the Planning Commission and in such form as is approved by the Planning Commission. The Planning Commission 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. Applica- tions filed pursuant to this Ordinance shall be numbered consecu- tively 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 thereo. F. FILING FEES Before accepting any application for filing, the City shall charge and collect the following fees for the purpose of de- fraying the expenditures incidental to the proceedings prescribed herein. . 1. Change of Zone. For each application for a change of . - 32: - OA~/ h F zone a ree of ~hirty-five dollars ($35.00) for the first lot or portion thereof, plus five dollars ($5.00) for each additional 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 thereor, plus rive dollars ($5.00) for each additional lot or portion thereof. 3. Modification. For each application for a modifica- tion 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 members, or members of its staff, such investigation of facts bear- ing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent of this Ordinance and with previous amendments, variances or modirications. H. NOTICES The Secretary of the Planning Commission upon the receiIt in 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 t hearing, public notice shall be given of such hearing in the follow- ing manner: 1. By mailing, postage prepaid, to the owners of the property 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 or the request, the location or the property, and t the time and place of the hearing. - 33 - OA.~I 97? . 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 feet in distance apart within a three hundred 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 z,one,' 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 publication in the official newspaper for at least ten days prior to the hearing. I. PUBLIC HEARINGS . Public hearings as provided for in this Section shall be held before the Planninl;\ Commission at the time md,place for which public notice has been given as hereinabove required. The Planning Commission may establish its ovm rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testi- fying shall be recorded and made a part of the permanent files or 1 the case. Any such hearing may be continuedj in which event the presiding officer at such hearing shall, prior to the adjournment of such hearing, announce the time and place to Which such hearing will be continued. t J. FINDINGS Within thirty-five (35) days after the conclusion of a public hearing upon ~ny matter, the Planning Commission shall render its decision thereon by formal resolution reciting ~he find- ings upon which such decision is based. The failure of the Planning . - 34 - aJ P7r-- vommission ~o ~nus render sucn decision wi~nin ~he ~ime specified t 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 Commission. shall immediately deliver to the City Council all of the records in the matter. t 1. Variances and Modifications. Within five (5) days after final action by the Planning Commission on an application for a vari- ance 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 aggrieved 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 the filing 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 same as hereinbefore prescribed 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 00 tion 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 issued for any use. involved in an ~pli- cation for a variance or modification until action on such applica- tion shall have become final by reason of the expiration of time to t make any appeal herein provided for. If any use authorized by vari- ance, exception or modification is, or has been, unused, abandoned or discontinued for a period of six (6) months, or the conditions of the variance have not been complied with, said variance, exception or modification, shall become null and void and of no effect. 2. Amendments and Change of Zone Boundaries. Within ten (10) days after final action by the Planning Commission on an . - 35 - O<c"/ Y'7? ~ application for amendments or change of zone boundaries, its recommendations together with a complete record of the cas.e -,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 shall be the same as hereinabove prescribed for hearings by the Planning Com- mission. 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 Ordinance. K. MODIFICATION COMMITTEE There is hereby created a modification committee com- posed of three persons, to-wit: l. The Chairman of the Arcadia Planning Commission, or such member of the Planning Commission as the Chairman may from time to time designate; 2. The Building Inspector of the City of Arcadia, or during his absence, disability or disqualification, his deputy so designated by him; 3. The City Engineer of the City of Arcadia, or wring his absence, disability or disqualification, his deputy so desig- nated by him. The Secretary of the Planning Commission shall serve as the Secretary of the Modification Committee, and the records of said Committee shall be at all times available to the Planning Commis- sion. The Chairman shall be the Planning Commission member thereon. Said Modification Committee shall maet 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 COWdITTEE The Modification Committee shall have authority to grant, subject to appeal to the Planning Commission and the City Council under the provisions of this Ordinance, the following: . . . . - 36 - 0'4 [('7 R" l. Permit such modification of the yard and lot area regulations as may be necessary to secure an appropriate improve- ment on a. lot, to prevent unreasonable hardship, or to promote uniformity of improvement. 2. Permit such modification of fence, wall, hedge and sign regulations as may be necessary to secure an appropriate improvement of a lot. The Modification Committee may in its discretion, refer to the Planning Commission any application for modification for decision by the Planning Commission without further fee to the applicant. M. PROCEDURE FOR MODIFICATION COMMITTEE The procedure for granting modifications by the Modifica- tion Committee shall be the same as the procedure for recommending variances by the Planning Commission except that notice of publi~ hearing shall be required to be given only to such owners (as used in Section l6, Paragraph H-I hereinbefore) of all property abutting or within 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 10. That Section l7 of said Ordinance No. 760 be and the same is hereby amended to read as follows: . "SECTION 17. SPECIAL USES All of the following, and all matters directly related thereto, except as specifically permitted in Zone S-l under Sec- tion 13 hereof, are hereby declared to be special uses, and authority for the location and operation thereof shall be granted only under the provisions of and upon compliance with the procedure outlined for variances. This declaration is based upon the fact that all of the uses herein enumerated possess . - 37 - Ou2 f'7Y . choracteristics of unique and special forms as to make impractical their being automatically included in any classes of use as set forth in the various zones herein defined. 1. Air ports 2. Cemeteries 3. Crematories 4. Columbariums 5. Establishments or enterprises involving large assemblages of people or automobiles including a. Amusement parks b. Circuses c. Fairgrounds d. Expositions e. Fairs f. Exhibits g. Automobile sh~7s h. Pageants i. Displays j. Open air theatres k. Race tracks (other than for horse racing, harness horse racing, and track meets) l. Recreational centers m. Hospitals and sanitariums 6. Institutions of a philanthropic or eleemosynary nature 7. Mausoleums 8. Natural resources, development of, together with necessary buildings, apparatus or appurtenances incident thereto. 9. Radio or television transmitters 10. Riding academies 11. Custom Dressing nCustom Dressingn as used in this Section shall mean and be limited to the dressing of poultry and rabbits for the poultry raisers and . - 38 - O.A-cl, 97.]Y shall not mean slaughtering of poultry and rabbits for delivery to the wholesale trade, such as chain stores, markets, butcher shops, etc. Every custom dressing plant as hereinbefore defined, which has been in existence and operation for a period of six months prior to November- 20, 1952, , shall be conclusively pre- sumed to have obtained a special use permit under and in compliance with the provisions of this Section 17, if prior to such effective ~ date the owner or operator of such dressing plant shall have filed with the City Clerk a verified statement containing the following: 1. The name of the owner or operator 2'. Address of owner or operator 3. Name of such custom dressing plant 4. Address of such plant 5. Legal description of the property upon which such plant is located t 6. A complete description of the improvement constituting such plant, including the size, location and use of such improve- ments 7. Capacity or average monthly output of suqh plant Such special use permit shall not permit the enlargement of existing improvements nor increase of the capacity or output of such plants, but shall not preclude the repair or modernization of such improve- ment or the replacement or repair of existing fixtures or fac ili ties. " SECTION 11. That Section 18 of said Ordinance No. 760 be and t he same is hereby repealed. SECTION 12. 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, - 39 - O/tcl r 7P . 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, 6th day of April , 1954, by the affirmative held on the vote of at least three Councilmen, to-wit: AYES: Councilmen Dow, Hulse, Kennett, Nottingham and Schmocker . NOES: None ABSENT: None ~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 6th day of April , 1954. ATTEST: . ~d 'City Clerk . . - 40 - 0/1..("'/ F7.P'