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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
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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,
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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)
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3439