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HomeMy WebLinkAbout0894 ORDINANCE NO. 894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORrTIA, lC,lENDING SECTION 15 OF ORDINANCE NO. 760 OF SAID CITY TEE CITY COUNCIL (IF THE CITY OF ARCADIA, CALIFORNIA. DOES DETERi.IINE AND ORDAIN AS FOLLO':fS: SECTION 1. After public heariTI6s 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 TIelfare require that Ordinance No. 760 of the City of ~cadia be amended as hereinafter provided. SECTION 2. That Section 15 of Ordinance No. 760 of the City of Arcadia, entitled: "AN ORDn~ANCE ESTiillLISHING ZONES IN THE CITY OF ARCADIA AND THEREIN REGULATING THE USE OF T"AND: HEIGHT OF BDILDI:WS AND YARD SPACES: ADOPTTI1G A I,lAP SHO','!II-TG THE BOUNDAIlIES OF SAID ZONES: DEFINING THE T:ERJ,;S USED IN TH:':S ORDINANCE: PROVIDIHG }'OR ITS ADJUSTI.!ENT, A1'\IEND~.mNT AND ENFORCEI.E NT: PRESCRIB ING PENALT IES FOR VtOL~TION AND REPEALING ORDINANCES OR PORTIONS OF ORDINANCES IN CON- FLICT THERE,HTH," adopted I,lay 3, 1949, be and the ~ame is hereby ~~nded 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 buildins or land be used for any purpose other than is por- mitted in the s&ne 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 eech of the various zones herein desiGnated, or if ambiGUity arises concerning the appropriate classification of a particular use within the - 1 - 894 . . meaning and intent of this Ordinance, or if ambiguity exists with reference to matters of height, yard requirerrents, or area requirements as set forth herein end as they may pertain to un- forseen circUIlB tances, it shall be the duty of the City Planning Commission to ascertain all pertinent facts concerning said use and by resol~tion of record set forth its findings and the rea- sons theref~, and such findings end resolutions Shall be re- ferred to the City Council md, if approved by the City Council, thereafter such interpretation shall govern. 2. PARKING REQ,UU\E1E NTS a., AREA Every main building hereafter erected, constructed ~ established shall be provided with minimum off-street park- ing accommodations as follows: (1) FOR D~ELLINGS there shall be at least one and one- quarter (~) 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 in- gress. At least one such parking space for each dwelling unit shall be in a garage or roofed carport. A full park- ing space shall be required in each instance where a frac-, tional parking space would otherwise be required by the terms hereof. Each such parking space shall be located back of the required front yard. (2) , FOR BUILDINGS OTHER THAN V:mLLINGS there shall be at least one parking space of ~10 hundred and fifty (250) square feet on the same lot with the main building or con- tiguous thereto as follows: (a) For Churches, High Schools, Colleges and University Auditoriums and other places of occa- sional assembly, at least one (1) parking space . . . - 2 - 894 . . for every ten (10) 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 (1) parking space for every three (3) guest rooms provided in said buildings. (d) For Theaters, Audi toriums m d other similar pla ces of assembly, at least one (1) parking space for every four (4) seats provided in said building. (3) FOR TOURIST COURTS there shall be at least one (1) parkin~ space for each individual sleeping or living unit. b. IMPROVEHENTS All "public" parking areas and "used car sales areas" herein permitted shall be impr~ved as follows: All such areas shall be paved wi th asphaltic or con- crete surfacing so as to eliminate dust, and where such park- ing areas abut property classified for "R" uses, it shall be separated therefrom by a solid rnasonry 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" classified property shall be three and one-half (J?J.) feet in height; and provided a fence may be erected al ong the front property line to a height cJ: three and one-half (3i) feet and provided where no fence is erected along any boundary of such parking area abutting upon a street a suitable concrete curb or t~ber barrier not less than six (6) inches in height Shall be securely in- stalled and maintained. 3. LOADING SPACE Every main building hereafter erected, constructed or estab- lished in any "c" or ".1" Zone, \7hen alch building is located upon . . . - 3 - 894 . . a site contiguous to a public alley, shall be provided with a minimum: off-street or off-alley loadi ~g space as follows: One (1) loading space for each six thousand (6000) square feet of lot area upon TIhich such building is located;' 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 thousmd (40,000) square feet, in l':hich 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 BUILDING AND 'JSES a. If, prior to June 28, 1940, a one-family dwelling existed on a lot having an area of less than fifteen thou- sand (15,000) square feet in Zone "R-,l II' 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 sa'lle lot in the manner provided herein, whereupon the said original dwelling shall assUlm 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 altorations 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 existing on June 2, 1949, may be continued, provide~: (1) That a non-conforming use of a non-confol~ing buildine may be expanded or extended throughout such build- ing provided no structural alterations except those required by luw are made therein. . . . - 4 - 894 (2) That a non-conforming use of a confo~ling build- ing 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 \7ith the provisions of this Ordinance; pro,:,ided, however, that all non-conforming uses of a co~orming build- ing shall be discontinued not later than June 2, 1952. (3) That in all fiR" Zones every non-conforming build- ing which was designed or intended for a use not permitted in such a zone, 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 ~proved 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 f ixi ng of time for its removal or al tera- tion may only be had after notice to the owner and hearing had thereon in the manner provided for the consideration of variances. . No such order shall require the removal or alteration of such a building \7i thin ten (10) years from the tilID such order is made. i'lhen such an order is made, it shall be the duty of the Planning Commission to give the owner of the building affected vritten 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 re- moval or alteration is required to be completed. (4) That, subject to all,other regulations of' this I 5 - 894 . , . Section and other ordinances, a building destroyed to the extent of not more than seventy-five per cent (75%) of its reasQnable 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 con- tinued. Notwithstanding anything in this Ordinance to the contrary~ any existing building which becomes non-conforming solely by reason of the ~xtension 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 continued for a peribd of not more than three (3) years therefrom,' provided: (1) That no non-conforming use of land shall in any way be expanded or extended either on the same or adjoin- ing property. (2) That if the non-conforming use of land existing on June 2, 1949, is thereafter discontinued or changed, any future use of such land shall be in conformity \'1ith the provisions of this Ordinance. (3) That the lawful location and maintenance of com- mercial 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 b11lboards and their supporting, members shall be completely removed by their owners not , later than June 2, 1952. . . - ~ - 894 I I e. The foregoing provisions shall also apply to buildings, land and uses which hereafter become non- conforming due to any reclassification of zones under thi s Ordin ance. f. The term "discontinue," in any ten'se 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 excess of ninety (90) days shall conclusively be pre- sumed to constitute the abandonment of such pon-conforming use, unless ~thin such period of ninety (90) days the ovmer, occupant or tenant of the premises upon which such non~conforming use is existent, shall file with the City Clerk a verified 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 knovm; (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' con due ted. (5) A statement that the cessation of the non- conforminb use is temporary, the reason for such cessation, and the estimated duration of such cessation. The City Clerk shall, at the first regular meeting next follol7.i ng the filing of such declaration, infb rm tlJE 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. . . - 7 - 894 t t . B. At any time within the period of the 3stimated dura- tion of cessation set forth in such declaration, the City Council on its opn motion ~ay, and upon the written re- quest of any interested person shall ~der proceedings taken for the purpce e of determininG the truth, adequacy or validity of the statements contained in such decla- rati<ln. Such proceedinGs shall be held in substantial com- pliance with the orovisions 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. The filinC of such declaration &10.11 be prime facie evidence of the truth of 'the statements therein containod. The decision of the City Council upon the conclusion of such proceedi nes shell be by resolution, and shall be final and conclusive as to all matters thereby determined. l1..,IGHT 1. G E,-lERAL Except as hereinafter provided, no builcing shall be erected, constructed, reconstr~cted or est~~lishoQ to e~ceaa the height lilnit herein established for t.lJ.e zone in which such b~ildinG is located. 2. EXCEPl' IONS a. One-family dwellinGs in the thirty-five (35) foot height zones may be increased in hei5ht by not !!lore than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are proviced. Such dwellings, how- ever, shell 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 erocted to a heiGht not exceeding four (4) stories or - 8 - 894 I forty-five (L~5) feet ~hen the required front, side and rear yards are increased an additional one (1) foot for each one (1) foot in hei[;ht 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 fro~ the adjoining sidewalk level on either street. On , I through lots more than one hundred and fifty (150) feet in depth, the height regulations and basis of height measurements for the street permitting the greater heiGht shall apply to a depth of not more then one hundred and fifty (150) feet from tho street. d. Penthouses or roof structures for the housing of elevators, stairways, tan'{s, ventilating fans or similar equipment required to operate an~ maintain the buildin~s, . and fire or parapet walls, s]cylights, towers, roof signs, flagpoles, chi~eys, smokestacks, wireless masts or simi- lar strlIDtures 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 additional 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 reduc ed or diminIshed that the yar~s or other open spaces shall be smalle r 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 space provided around any building for the purpose of complying with the provisions of this Ordinance ehall be considered as providing a yard - 9 - 894 ~ 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 located on a lot as herein defined and in no case shall there'be more than one (1) main building In d its accessory build- . 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 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 other~ise provided. f. Where t~o-family dwellines or multiple-family dwellings not exceeding tW9 and one-half (2i) stories in height are arranc;ed so as to rear upon the side yards, the following regulations shall apply: (1) In the case of group houses or court apartments, the required side yards upon which such dwellings 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, 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 unob- structed pedestrian way or sidewalk on ground level. (2) In the case of a row of dwellings arranged so - 10 -, 894- . as to rear upon one side yard and front upon the other, the side yard upon which such dwellings rear shall be incre,ased as required above for group houses and the aver- age of the s ide yard upon which such dwellings front shall be not less than one and one-half (Ii) times the width of . the other side yard. Open, unenclosed porches not extend- ing 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 shell 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 erecteq, constructed or estab~ished or used for a school, . churcn, institution or other similar use permitted under , the use regulations of this Ordinance, unless such build- ings are removed at least fifteen (15) feet ,from every boundary line of a property included m 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. SPEC IAL 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. 3. EXCEPTIONS a. For the purpose of side yard regulations, th~ fol- lowing dwellings with common party walls shall be consid- ered as one (1) building occupying one (1) lot; two-, three- . - 11 - 894 I I and four-family dwellings and row houses not more than tcro (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 ~lai ved where the lattor are erected 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 mare than one (1) story in height and located at least fifteen (15) feet from ttie nearest part of a main building. No accessory building over one (1) story in height shall occupy any part of a required rear yard. On corner lots an abcessory, building shall be located 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 re- sistance. On corner lots an accessory portion of a main building shall be not more than one (1) story in height and shell be located 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 lots an accessory 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 building shall' be not more than one (1) stor1 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 ,swimming pools may occupy any portion of a . . . - 12 -, 89~- 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 require- ments. Private swimming pools may not be constructed and maintained in any required front yard, nor within three feet of any side or rear lot line, nor r~thin 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) se,arate lots with the dividing line midway between the street frontages, and each resulting half shEil 1 be subject to the controls applyin~ to the street upon Which each half faces, except that the required maximum front mld 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 pro- vided that if the ,mole of such through lot is improved as one building site no accessory bui+ding,shall be located closer to either street than the distance constituting the required front yard on such street. f. Cornices, eaves, be1t 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 (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) inches. g. Fire escapes may extend or project into any front, side or rear' yard not more than four (~_) feet. h. Open, unenclosed stairways, or balconies not cov- ered by a roof, or ~anopy, may extend or project into a required rear yard not ~ore than four (4) foet and such . . - 13 - 894 . . balconies and canopies may extend into a required front yard not more than thirty (30) inches. i. uncovered porches, platfo1'DlS 01' 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) feet; provided, however, that an open work railing not more than thirty (30) inches in height may be installe d or const1'ucted 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 fout' (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 maiDtained S) as not to exceed s:ix (6) feet in height,. may be located along the side or rear lot lines, provided such fenoe, wall or hedge does not extend into the required front yard nor iDtO the side yard required 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 acces- sory buildings are prohibited" am further provided that the provisions shall not be so interpreted as to prohibit the erection of a fence enclosl ng an Elementary or High School site, if such fence does not project beyond the front line of the building. 1. T1'ees'. shnuba;,. flowers or plants shall be per- mitted in any required front, side or rear yard.n . . . 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 oause the same to be pub- lished once in the Arcadia Bulletin, a newspaper of general -14- 894 circulation, published and circulated in the City of Arcadia,. and thirty (0) days f'r0lll and after the final passage thereot' said Ordinance shall take e1'fect and be iD force. I HEREBY CERTIFY that the foregoing Ordinanoe was adopted at a regular meeting 01' the City Council of the City o!' Arcadia,. held on the 6th day 01' July ,1954, by the affi~ative vote of at least three Councilmen, to-wit: AYES: NOES: Councilmen Campho~se~D~nh18, Dow and Hulse None ABSENT: Councilman Kennett ~~~ 'City Clerk of the City 01' Arcadia . SIGNED AND APPROVED this 6th day of July. 1954.. ..~~ ATTEST: ~t~~ 'C ty lerk . . - 15 - 894.