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HomeMy WebLinkAbout3439 .--- RESOLUTION NO, 3439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING REQUIREMENTS FOR DISASTER SHELTERS IN REQUIRED FRONT YARDS. WHEREAS, ambiguity has arisen concerning the legal pro- priety of constructing disaster shelters in required front yards; and, WHEREAS, Section 9213 of the Arcadia Municipal Code' pro- vides in part that " . if ambiguity exists with reference to matters of height, yard requirements or area requirements as set forth herein and as they may pertain to unforeseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts . . . and by resolution of record set forth its findings and the reasons therefor;" and, WHEREAS, at an adjourned regular meeting of the City Plan- ning Commission said Commission ascertained all pertinent facts con- cerning the construction of disaster shelters within required front yards, at the conclusion of which it adopted its certain Resolution No. 428 on November 14, 1961, wherein and whereby it made certain findings and recommendations; and, WHEREAS, this City Council has reviewed said findings, recommendations and the subject generally, NOW, THEREFORE, THE CITY ?OUNCIL OF THE CITY OF ARCADIA DOES HEREBY FIND, DETERMINE AND RES~LVE AS FOLLOWS: SECTION 1. That many residential lots in the City of Arcadia have been so developed that the houses and required garages constructed thereon do not permit access to rear yards for the 'con- struction of disaster shelters therein, even when there is suffi- cient area for further construction, and the only practical place -1- 3439 the owners of such property can provide themselves with disaster shelters is in the required front yards of their properties. SECTION 2. That Section 9220.67 of the Arcadia Municipal Code defines "Yard" as ". . . an open space on a lot, other than a court, unoccupied and unobstructed from the ground upward." That Section 9220.68 of said Code defines "Front Yard" as ". . . extend- ing across the full width of the lot, the depth of which is the mini- mum horizontal distance between the front lot line and a line parallel , thereto on the lot." Section 9242 of said Code reads in part "No building shall be erected . . . nor shall any open spaces surround- ing any building be encroached upon or reduced in any manner except in conformity with the ouilding site requirements and the area and yard regulations established by this Chapter for the zone in which such building is located." SECTION 3. That construction o~disaster shelters within required front yardS is consistent with the foregoing Provisions if all of the following circumstances apply: a. That the entire disaster shelter be constructed below the finished grade of the required front yard. b. That any access facility located within the required f~ont yard be not more than one (1) foot above the finished grade of the adjacent front yard. c. That no air intake and waste pipe located within the required front or side yard be higher than four (4) feet above the adjacent finished grade. d. That all disaster shelters constructed within a re- quired front yard shall at all times comply with such further con- ditions or restrictions as the City Council may from time to time hereafter adopt, -2- 3439 \ ,- SECTION 4. The City Clerk shall certify to the adoption of this resolution, and shall cause a copy to be forwarded to the City Civil Defense and Disaster Board for consideration and recom- mendation of such further regulations as it may deem necessary or advisable. I HEREBY CERTIFY that the foregoing reso1~tion was adopted at a regular meeting of the City Council of the City of Arcadia held on the 21st day of November, 1961, by the affirma~ive vote of at least three Councilmen, to wit: AYES: Councilmen Butterworth, Camphouse, Phillips, Reibo1d and Balser NOES: None ABSENT: None /J12~~ ora?? t:::IC/~ VAN City Clerk of the City of Arcadia SIGNED AND APPRQVED this 21st day of November, 1961. JESSE 'BALSER Mayor of the City of Arcadia E~T: , A --?2 ' ~,/~ C STINE ~AN MAANEN City Clerk (SEAL) -3- 3439