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HomeMy WebLinkAboutItem 2g: Adopt Ordinance 2272, 2273, 2274 to enact 2010 General Plan Update & Establish New Zoning Designation ORDINANCE NO. 2272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA REPEALING AND REPLACING VARIOUS SECTIONS OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO ENACT THE 2010 GENERAL PLAN UPDATE PROJECT AND ESTABLISH NEW ZONING DESIGNATIONS FOR DOWNTOWN MIXED USE (DMU), MIXED USE (MU), AND RESTRICTED MULTI - FAMILY (R -3 -R). THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Heavy Manufacturing (M -2) Zone provisions and regulations set forth in Article IX, Chapter 2, Part 6, Division 7 of the Arcadia Municipal Code are hereby repealed and replaced with new Downtown Mixed Use (DMU) Zone provisions and regulations to read as follows: "9267.1. PURPOSE. The purpose of this Section is to ensure compatibility between the different land uses (e.g., residential and commercial) operating within a mixed -use project that offer opportunities for people to live, work, shop, and recreate without having to use their vehicles. The Downtown Mixed Use Zone is intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. Stand alone residential uses are not allowed. 9267.2. PARCEL CONSOLIDATION INCENTIVE PROGRAM. In order to encourage the assemblage of smaller existing parcels into large parcels that can be more efficiently developed into a mixed -use project, the following incentives are offered: 1 a. Fee waiver. b. Priority in permit processing (lot consolidation projects become the next projects processed among staff once received). 9267.3. RESIDENTIAL DENSITY. Density shall not exceed 50 dwelling units per acre of lot area. 9267.4. FLOOR AREA RATIO. The Floor Area Ratio (FAR) for non - residential uses is 1.0. 9267.5. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed four (4) stories or fifty (50) feet in height, not including roof- mounted equipment and accessory structural items as provided for in this Division. 9267.6. BUILDING SETBACKS. The structure shall be treated as a commercial type of structure and no setbacks shall be required. The maximum setback permitted for any street -side is ten (10) feet, which may be used for landscaping, pedestrian circulation, entry court, outdoor dining, and similar uses related to a downtown pedestrian environment. 9267.7. COMMERCIAL USES ALONG STREET FRONTAGES. In order to maintain an active pedestrian environment within the Downtown Mixed Use Zone, commercial uses shall be located along street frontages. Development on the ground floor is limited to commercial uses. 9267.8. PRIVATE OPEN SPACE FOR MIXED -USE RESIDENTIAL. 1. Private open space requirements: 2 a. A minimum of 100 square feet of private open space shall be provided for each unit. Open space can be in the form of private balconies, courtyards, at -grade patios to the rear and sides of the units, rooftop gardens or terraces. b. Balconies that are 30" or Tess in width or depth shall not be counted as open space. c. Balconies that project over a public right -of -way shall be subject to approval by the City Engineer. 9267.9 ROOF - MOUNTED EQUIPMENT AND ACCESSORY STRUCTURAL ITEMS. Towers, chimneys, mechanical equipment and other roof -top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any City -owned public right -of -way. This shall be accomplished through setting the equipment or appurtenances back from the edges of the roof, extension of the main structure or roof, or screening that is architecturally integrated with the main structure. 9267.10. NON - RESIDENTIAL USES. Downtown mixed use requires the inclusion of a ground -floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P — Permitted C — Conditional Use Permit Communication and Transportation Permit Requirement Alternative fuels and recharging facilities as an P 3 accessory use Automobile related uses except sale of new or used C cars in connection with the sale of new cars. Refer to ARA No. 231 for a list of Inappropriate Uses. Motor Vehicle parking lot/structure facilities P Major wireless communication facilities C Educational Uses Studios: art, dance, martial arts and music. C Entertainment and Recreational Facilities Health /fitness Centers C Indoor movie and performing arts theatres and C auditoriums Retail Alcoholic beverage sales C Department Stores P Garden centers /nursery (indoor) P Garden centers (outdoor) C Grocery store P Grocery store (open for more than 16 hours and /or open C between midnight and 6:00 a.m.) Portable outdoor retail sales and activities (as a primary C use) carts or kiosks Pet Stores C Retail Uses P Services and Other Uses Automated Teller Machines (ATMs) P Banks and financial services P Day Care — Large Family Day Care Homes C Day Care — Small Family P Dry Cleaning service P Medical & Dental Offices P Mixed Use C Offices - General P Restaurants, fast food, with or without outdoor seating. P — if it complies with No drive -thru facilities allowed. minimum off - street parking requirement; C — if it does not comply with minimum off- street parking requirement 4 Restaurants, sit -down P — if it complies with minimum off - street parking requirement; C — if it does not comply with minimum off- street parking requirement Restaurants with alcoholic beverage lounge service C Veterinarian clinic /services and small animal hospitals C with overnight kenneling service. 9267.11. PARKING. 1. Number of parking spaces required. Parking shall be provided in compliance with Section 9269.5 (Off- street parking requirements). A 25% reduction will be applied to the project for all commercial uses due to the proximity to the light rail station. 2. Location. Parking shall be provided either at grade behind the ground floor uses that front the street, or in semi - subterranean or subterranean facilities, or within an above grade parking structure. 3. Off -site spaces. Off -site parking spaces may be relied upon to serve commercial uses provided a shared - parking study is completed by the applicant/developer and approved by the Modification Committee. 9267.12. LOADING REQUIREMENTS. Off - street loading. All loading spaces shall have adequate ingress and egress, and shall be designed and maintained so that the maneuvering, loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic. 9267.13. LANDSCAPING. All areas of the subject site not devoted to driveways or walkways shall be properly landscaped and maintained. 5 9267.14. LIGHTING. Lighting shall be appropriately shielded to not impact the residential units, and reflect away from streets. Lights may be mounted at a height of up to twenty (20) feet above the adjacent pavement. 9267.15. OUTSIDE STORAGE, RECYCLABLES AND REFUSE. Trash, garbage, refuse, and recyclables may be temporarily stored outside the building; provided, that such storage shall be completely screened from public view by an enclosure of which three (3) sides shall consist of six (6) -foot high stucco or decorative masonry walls, or other approved screening devices with a solid metal gate painted a color compatible with the walls. Such storage areas shall have full roofs to reduce stormwater pollution and to screen unsightly views. The design of the roof and the materials used shall be compatible with the site's architecture, and adequate height clearance shall be provided to enable ready- access to any storage containers. 9267.16. FENCES AND WALLS 1. Fences and walls are not permitted along the street frontage(s), except to enclose a ground -floor landscaped courtyard or an outdoor dining area. Any gate placed across the courtyard opening or outdoor dining area shall have a minimum of 50 percent transparency. 2. Fences and walls located at rear and interior side yard areas are limited to six (6) feet in height, as measured from the lowest adjacent grade. 9267.17. URBAN NOISE LEVELS. 1. Residents of a mixed -use development project shall be notified that they are living in an urban area and that the noise levels may be higher than in a typical residential area. 6 2. The signature of the residents shall confirm receipt and understanding of this information. 9267.18. DESIGN REVIEW CRITERIA. In conducting a review of projects subject to the requirements of this Chapter, the reviewing body may utilize design guidelines /criteria that have been adopted by the City and Redevelopment Agency in order to provide guidance to project proponents on how to best achieve the City's expectations for quality development; implementation of the applicable General Plan and Redevelopment Plan goals and policies; and maintenance of the public health, safety, general welfare and property throughout the DMU Zone. 9267.19. DOWNTOWN MIXED -USE DEVELOPMENT APPROVAL. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the DMU zone, all building and site plans shall be subject to design review by the Development Services Department, as well as review by Building Services. The Development Services Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the DMU zone. The Development Services Department will make recommendations regarding project design to the Planning Commission, for consideration in connection with the Planning Commission's decision on the final design review or conditional use permit. The Planning Commission's decision is subject to appeal to the City Council within five (5) business days from the date of such decision. The City Council's decision shall be final. 7 9267.20. SIGN REGULATIONS. The regulations set forth in Title 4 of Division 2 commencing with Section 9262.4 shall be the regulations for signs in the DMU Zone." SECTION 2. The Community Commercial (C -C) Zone provisions and regulations set forth in Article IX, Chapter 2, Part 6, Division 8 of the Arcadia Municipal Code are hereby repealed and replaced with new Mixed Use (MU) Zone provisions and regulations to read as follows: "9268.1. PURPOSE. The purpose of this Section is to ensure compatibility between the different land uses (e.g. residential and commercial) operating within a mixed use project that offer opportunities for people to live, work, shop, and recreate without having to use their vehicles. The Mixed Use Zone is intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. Stand alone residential uses are not allowed. 9268.2. PARCEL CONSOLIDATION INCENTIVE PROGRAM. In order to encourage the assemblage of smaller existing parcels into large parcels that can be more efficiently developed into a mixed -use project, the following incentives are offered: a. Fee waiver. b. Priority in permit processing (lot consolidation projects become the next projects processed among staff once received). 8 9268.3. RESIDENTIAL DENSITY. Density shall not exceed 30 dwelling units per acre of lot area. 9268.4. FLOOR AREA RATIO. The Floor Area Ratio (FAR) for non - residential uses is 1.0. 9268.5. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet in height, but not including roof - mounted equipment and accessory structural items as provided for in this Division. 9268.6. BUILDING SETBACKS. A. Street Side Setbacks. No street side setbacks are required and the maximum setback permitted shall be ten (10) feet which may be used for landscaping, pedestrian circulation, entry court, outdoor dining, and similar uses related to a downtown pedestrian environment. B. Side Yard Setbacks. No side yard setbacks shall be required, except where the side property line abuts residentially zoned property or a dedicated alley; then the side yard setback shall have a minimum depth of ten (10) feet. C. Rear Yard Setbacks. No rear yard setbacks shall be required except where the rear property line abuts residentially zoned property or a dedicated alley; then a minimum rear yard setback of fifteen (15) feet shall be maintained. 9268.7. COMMERCIAL USES ALONG STREET FRONTAGES. In order to maintain an active pedestrian environment near the downtown area, commercial uses shall be located along street frontages. Development on the ground floor is limited to commercial uses. 9 9268.8. PRIVATE OPEN SPACE FOR MIXED -USE RESIDENTIAL. Private open space requirements: A. A minimum of 100 square feet of private open space shall be provided for each unit. Open space can be in the form of private balconies, courtyards, at -grade patios (rear and sides of the units), rooftop gardens or terraces. B. Balconies that are 30" or less in width or depth shall not be counted as open space. C. Balconies that project over a public right -of -way shall be subject to approval by the City Engineer. 9268.9. ROOF - MOUNTED EQUIPMENT AND ACCESSORY STRUCTURAL ITEMS. Towers, chimneys, mechanical equipment and other roof -top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any City owned public right -of -way. This shall be accomplished through setting the equipment or appurtenance back from the edge of the roof, extension of the main structure or roof, or screening that is architecturally integrated with the main structure. 9268.10. NON - RESIDENTIAL USES. Mixed use requires the inclusion of a ground -floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P — Permitted C — Conditional Use Permit 10 Communication and Transportation Permit Requirement Alternative fuels and recharging facilities as an P accessory use Motor Vehicle parking lot/structure facilities P Major wireless communication facilities C Educational Uses Studios: art, dance, martial arts and music C Tutoring Centers C Entertainment and Recreational Facilities Health /fitness Centers C Indoor movie and performing arts theatre and C auditoriums Retail Alcoholic beverage sales C Convenience Store C Department Stores P Garden centers /nursery (indoor and outdoor) P Grocery store p Grocery store (open for more than 16 hours and /or open C between midnight and 6:00 a.m.) Portable outdoor retail sales and activities (as a primary C use) — carts or kiosks Pet Stores C Retail Uses P Services and Other Uses Automated Teller Machines (ATMs) P Banks and financial services P Day Care — Large Family Day Care Homes C Day Care — Small Family P Dry cleaning service P Medical & Dental Offices and Clinics P Mixed Use C Offices - General P Personal Services C Restaurants, fast food, with or without outdoor seating. P — if it complies with No drive -thru facilities allowed. the minimum Off - Street parking requirement; C — if it does not comply with the minimum Off - Street parking requirement Restaurants, sit -down P — if it complies with minimum Off - Street parking; 11 C — does not complies with the minimum Off- Street parking requirement Restaurants with alcoholic beverage lounge service C Veterinarian clinic /services and small animal hospitals C with overnight kenneling service 9268.11. PARKING. 1. Number of parking spaces required. Parking shall be provided in compliance with Section 9269.5 (Off- street parking requirements). A 25% reduction will be applied to the project for all commercial uses if the parking area is located within 1,320 feet (1/4 mile) of a light rail station. 2. Location. Parking shall be provided either at grade behind the ground floor uses that front the street, or in semi - subterranean or subterranean facilities, or above grade within a parking structure. 3. Off -Site spaces. Off -site parking spaces may be relied upon to serve the commercial uses provided a shared - parking study is completed by the applicant/developer and approved by the Modification Committee. 9268.12. LOADING REQUIREMENTS. Off - Street loading. All loading spaces shall have adequate ingress and egress, and shall be designed and maintained so that the maneuvering, loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic. 9268.13. LANDSCAPING. All areas of the subject site not devoted to driveways or walkways shall be properly landscaped and maintained. 12 9268.14. LIGHTING. Lighting shall be appropriately shielded to not impact the residential units, and reflect away from streets. Lights may be mounted at a height of up to twenty (20) feet above the adjacent pavement. 9268.15. OUTSIDE STORAGE, RECYCLABLES AND REFUSE. Trash, garbage, refuse, and recyclables may be temporarily stored outside the building; provided, that such storage shall be completely screened from public view by an enclosure of which three (3) sides shall consist of six (6) -foot high stucco or decorative masonry walls, or other approved screening devices with a solid metal gate painted a color compatible with the walls. Such storage areas shall have full roofs to reduce stormwater pollution and to screen unsightly views. The design of the roof and the materials used shall be compatible with the site's architecture, and adequate height clearance shall be provided to enable ready access to any storage containers. Such storage shall not be in any required setback areas. 9268.16. FENCES AND WALLS. 1. Fences and walls are not permitted along the street frontage(s), except open -work fences to enclose landscaped courtyard or an outdoor dining area. Any gate placed across the courtyard opening or outdoor dining area shall have a minimum of 50 percent transparency. 2. Fences and walls located at rear and interior side yard areas are limited to six (6) feet in height, as measured from the lowest adjacent grade. 9268.17. DESIGN REVIEW CRITERIA. In conducting a review of projects subject to the requirements of this Chapter, the reviewing body may utilize design guidelines /criteria that have been adopted by the City and Redevelopment Agency in 13 order to provide guidance to project proponents on how to best achieve the City's expectations for quality development; implementation of the applicable General Plan goals and policies; and maintenance of the public health, safety, general welfare and property throughout the MU Zone. Any applicable design guidelines /criteria shall be available at the City. 9268.18. MIXED -USE DEVELOPMENT APPROVAL. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the (MU) zone, all building and site plans shall be subject to design review by the Development Services Department, as well as review by the Building Services. The Development Services Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the MU zone. The Development Services Department will make recommendations regarding project design to the Planning Commission, for consideration in connection with the Planning Commission's decision on the final design review or conditional use permit. The Planning Commission's decision is subject to appeal to the City Council within five (5) business days from the date of such decision. The City Council's decision shall be final. 9268.19. SIGN REGULATIONS. The regulations set forth in Title 4 of Division 2 commencing with Section 9262.4 shall be the regulations for signs in the MU Zone." SECTION 3. New Restricted Multiple - Family (R -3 -R) Zone provisions and regulations are hereby added to Article IX, Chapter 2, Part 5, Division 4 of the Arcadia Municipal Code to read as follows: 14 "9254.1. GENERAL. No building or land shall be used and no building shall be hereafter erected, constructed, established or converted into a cooperative multiple dwelling except for the uses specified in the following subsections, and in compliance with the regulations of this Division. 9254.1.1. DWELLING UNITS. Two or more dwelling units, multiple dwellings and /or cooperative dwellings constructed in accordance with the regulations of Article VIII of this Code relating to the Multiple - Family Construction Standards. 9254.1.3. ACCESSORY BUILDINGS AND USES. Accessory buildings and uses for and customarily incidental to any of the uses described in the preceding sections of this Title when located on the same building site and not involving the conduct of a business. 9254.1.3.1. TENTS AND CANOPIES. It shall be unlawful for any person, to erect, put in place or maintain in place, any tent, tent - house, canvas house or structure constructed of canvas, cloth, or other fabric; any canopy or canopy structure constructed of canvas, cloth, or other fabric or material. Exceptions: The provisions of this section shall not apply as follows: 1. Decorative canopies and awnings constructed as a component or feature of an overall architectural design. 2. Picnic umbrellas not in excess ten feet (10') in diameter. 3. Temporary tents and canopies. Temporary tents and canopies of any size may be erected in any location with the exception of the front yard and /or street side yard setback areas on a parcel or lot for a period that is not in excess of three (3) days. 15 9254.1.4. SIGNS. No signs, sign structures or sign devices of any character shall be permitted in any R -3 -R, Restricted Multiple - Family Residential Zone, except unlighted signs as hereinafter specified in this Title. 9254.1.4.1. IDENTIFICATION SIGNS. On properties which are developed with multiple- family projects containing more than five (5) dwellings units one (1) single - faced monument structure not to exceed fifteen (15) square feet in area nor more than three (3) feet in height with a maximum sign area of eighteen (18) inches high by twenty -four (24) inches long for only the name and address of the development may be erected within the front yard area. The materials and colors of such sign shall be the same or compatible with the building architecture and color. 9254.1.4.1.1. SAME. Each dwelling unit shall have its street number posted so as to be easily seen from its access walkway. One (1) sign that does not to exceed one (1) square foot in area and containing only the address of the unit shall be allowed. 9254.1.4.2. TEMPORARY SIGNS. The following signs shall be permitted on a temporary basis only and shall be located at least ten (10) feet from adjoining premises and at least five (5) feet from a paved roadway, but provided that where any sidewalk exists, the sign shall be located at least three (3) feet from the sidewalk in the direction of the residence. If a wall or hedge prevents a sign from being located as provided in this Division, the sign may be placed immediately adjacent to the wall or hedge. No sign shall be placed in a location that interferes with the visibility of vehicular ingress or egress to the property or adjoining properties as per the standards on file with the Development Services Department or where such signs may interfere with or be confused with any traffic signal or device. 16 9254.1.4.2.1. SAME. One (1) sign not to exceed three (3) feet in height nor more than four (4) square feet in area per face for the purpose of advertising the property for sale, lease or rent, except a corner property may have two (2) such signs. In lieu of such sign, one (1) sign not exceeding four (4) square feet in area per face may be mounted on a decorative post and arm not exceeding six (6) feet in height and of a design approved by the Development Services Director or designee. 9254.1.4.2.2. SAME. Under each "For Sale" sign, three (3) smaller signs not to exceed six inches by twenty -four inches (6" x 24 ") each may be attached to the sign or sign support. 9254.1.4.2.3. SAME. One (1) directional arrow -type sign not to exceed one foot by two feet (1' x 2') pointing to the premises for sale, lease or rent. The sign may contain the words "Open House," on both sign faces. Such sign may be placed on private property located at a through street intersection pointing toward the "Open House" during daylight hours. This sign shall only be permitted if: (1) the owner of said property consents to such use of said property, and (2) the house offered for sale is open and attended by the owner or an authorized representative of the owner during any time the sign is in place. Advertising copy may be placed on both sign faces. 9254.1.4.2.4. SAME. On properties which are developed with new multiple family residential projects containing more than one (1) dwelling unit but less than five (5) dwelling units, one (1) temporary sign of not to exceed sixteen (16) square feet in area, advertising the property for sale, lease or rent, erected and maintained during the period of active sales, lease or rental campaign is being conducted for such new 17 multiple family residential projects but in no event for a period longer than six (6) months. 9254.1.4.2.5. SAME. On properties which are developed with new multiple family residential projects containing five (5) or more dwelling units, one (1) temporary sign of not to exceed thirty -two (32) square feet in area, advertising the property for sale, lease or rent, erected and maintained during the period an active sales, lease or rental campaign is being conducted for such new multiple family residential project but in no event for a period longer than six (6) months. 9254.1.4.2.6. SAME. One (1) temporary sign of not to exceed a total of sixteen (16) square feet in area giving the names of the contractors, engineer, architect and lending institution during the period of construction on the premises. The location of such sign shall be shown on the building plans and shall be removed prior to issuance of a certificate of occupancy for the premises. 9254.1.4.2.7. TEMPORARY ELECTION SIGNS. Temporary election signs shall be permitted in addition to other permitted signs subject to the following: A. Any person who displays a temporary election sign or any person who owns or possesses the property on which a temporary election sign is located shall remove it within ten (10) days after the date of the scheduled election date to which it relates. B. No person shall erect, maintain or display a temporary election sign in excess of thirty -two (32) square feet in total area, or sixteen (16) square feet in area per face whichever is less. No person shall erect, maintain or display temporary election signs with a total aggregate area on a given lot in excess of eighty (80) square feet. 18 C. No person shall erect, maintain or display a temporary election sign that interferes with the visibility of vehicular ingress and egress to any lot. All temporary election signs shall comply with the visibility standards for driveways and intersections on file with the Development Services Department. No person shall erect, maintain or display a temporary election sign that interferes with or can be confused with any traffic signal or device. D. After twenty -four (24) hours written notice is personally served on a candidate, proponent or to a person who owns or possesses property to remove an illegally displayed, erected or maintained temporary election sign, the Development Services Director or designee may summarily remove said sign. 9254.1.5. BOARDING HOUSES PROHIBITED. No boarding house shall be permitted in the R -3 -R Restricted Multiple - Family Residential Zone on properties developed with single family residences. 9254.2.1. GENERAL. The regulations set forth in this Part shall apply in the R- 3-R Restricted Multiple - Family Zone, unless otherwise provided in this Chapter. 9254.2.2. BUILDING HEIGHT. The maximum building height for multiple - family projects shall not exceed one (1) story and eighteen (18') feet. Exception: Porches facing a street shall not exceed fourteen (14) feet in height as measured from the adjacent finished grade. A "porch" is defined as any covered area at a building entrance, whether it is a projecting feature with a separate cover, or a recessed area behind the building wall. For projecting porches, the height shall be measured to the uppermost point of the projecting feature, including roof ridges, railings, 19 cornices, and other decorative features. For recessed porches, the height shall be measured to the uppermost point of the opening. 9254.2.2.1. SAME. Building height for a multiple - family project shall be determined by the vertical distance from the first story line to the highest point of the coping of a flat roof or to the ridge line of a mansard roof or to the ridge of the highest gable of a pitch or hip roof. If the finished first story line is more than two feet (2') above the highest street curb elevation adjacent to the lot, then the story directly beneath it shall be considered as a first story for the purpose of determining building height. If there is no curb, the reference shall be to the highest elevation at the centerline of the adjacent street segment or segments. 9254.2.3. FRONT YARD. There shall be a front yard of not less than twenty -five feet (25') in depth and at least sixty percent (60 %) of the required front yard shall be irrigated and landscaped with lawn, trees, shrubs or other plant materials. Said yard shall be permanently maintained in a neat and orderly manner. 9254.2.4. SIDE YARD. On interior lots there shall be a side yard on each side of every building of not less than ten feet (10') in width. On corner lots the required side yard adjoining the interior lot shall be the same as for interior lots. The required side yard on the street side of a corner lot shall not be less than the required front yard setback. No parking shall be permitted within any required side yard on the street side of a corner lot. EXCEPTION: On lots that are Tess than sixty -five feet (65') in width the enclosed single- story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the 20 required interior side yard setback, provided that there shall be no living space in said enclosed garage encroachment. 9254.2.5. REAR YARD. There shall be a rear yard of not less than ten feet (10'). 9254.2.6. PROJECTIONS. The following regulations shall apply to projections: A. Cornices, eaves, belt courses, sills and buttresses or other architectural features may extend or project into the required distance between buildings on the same lot, and into a required front, rear or side yard, provided that such projection shall not exceed a maximum of twenty -four inches (24"). B. No fire escapes or open stairways shall project into any required front, rear or side yard. C. Balconies may extend or project into a required front, rear or side yard, provided that such projection shall not exceed a maximum of sixty inches (60 ") nor shall such projection be closer than sixty inches (60 ") from any property line. D. Trellis structures, patio covers or awnings not exceeding eight feet (8') in height may extend or project into a required rear or side yard provided that such projection shall comply with the provisions of the Building Code. 9254.2.7. DWELLING UNIT DENSITY. Maximum density: one dwelling unit per one thousand four hundred fifty (1,450) square feet of lot area (30 dwelling units per acre). 9254.2.8. PARKING. The following regulations shall apply to parking: 21 A. Two (2) parking spaces shall be provided and assigned to each dwelling unit. B. On Tots containing Multiple Family Dwellings, guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. C. Structures used principally for parking shall not be higher than one (1) story and /or higher than the height of the residence. D. Each parking space shall have clear dimensions of at least nine feet (9') in width by nineteen feet (19') in depth. E. Safe ingress and egress shall be provided for each parking space by a twenty - five -foot (25') turning radius and /or a minimum of twenty -five feet (25') of back out space directly adjacent to said parking space. F. No portion of any required driveway may be used to fulfill any such parking space requirements other than providing for ingress or egress or temporary loading and unloading. G. Adequate bumper guards shall be provided to protect from damage the interior wall of garages from damage and supports of carports. H. A clear three -foot (3') wide planting area shall be landscaped and so maintained between any open parking space and adjoining property lines. I. No parking shall be permitted within the required front yard and /or street side yard. J. Each required guest parking space shall have clear dimensions of at least nine feet (9') in width by nineteen feet (19') in depth. K. "Guest Parking Only" signs with letters not less than two inches (2 ") in height shall be properly located to designate guest parking spaces. 22 9254.2.9. DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Each driveway to a parking space shall be at least ten feet (10') wide and shall be totally unobstructed from the pavement upward. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty -five feet (125') long, shall be not less than eighteen feet (18') wide and shall be totally unobstructed from the pavement upward. EXCEPTION: Two (2) ten -foot (10') wide driveways may be provided in lieu of one (1) eighteen -foot (18') wide driveway. C. Each driveway adjacent to a garage or parking space shall be a minimum of twenty -five feet (25') wide with a width of fifteen feet (15') to be totally unobstructed from the pavement upward. D. Every driveway shall be entirely paved. E. Community driveways shall be permitted provided the owners of the lots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangement and provided that a Covenant in recordable form by its terms to be for the benefit of, enforceable by, and to be released only by the City, is executed by the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. F. A fence or wall located at the side and rear property lines may not occupy more than a six -inch (6 ") wide portion of the required setback and /or landscaped area. 23 G. Eaves, no portion which are less than thirteen feet (13') above the pavement, may overhang any such driveway a distance of not more than three feet (3'). H. Utility pole cross -arms and utility service wires may be located not Tess than thirteen feet (13') in height above the paved surface of any such driveway. I. Whenever a driveway is located within a required side yard, a landscaped area at least a clear three feet (3') in width shall be maintained between the property line and the driveway, and a two foot (2') wide landscaped area shall be maintained between any driveway and building. 9254.2.10. OPEN SPACE. The following regulations shall apply: A. At least one hundred (100) square feet of contiguous private open space shall be provided for each ground floor dwelling unit. Such open space shall be directly accessible from the unit that it serves, and shall have a minimum dimension of ten feet (10'). B. At least fifty percent (50 %) of the cumulative required open space shall be landscaped and shall be maintained and provided with a permanent irrigation system. C. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street frontage shall be provided in the front and /or street side yards. The specific locations of these trees are subject to the review and approval of the Development Services Director or designee. 9254.2.11. SWIMMING POOLS AND SPAS. The minimum distance between swimming pools or spas and the first floor access openings shall be as follows: A. When the diagonal dimension of a swimming pool or spa is less than nine (9) feet, said minimum distance shall be five (5) feet. 24 B. When the diagonal dimension of a swimming pool or spa is nine (9) feet, said minimum distance shall be fifteen (15) feet. All pools, spas, and similar water features of eighteen (18) inches or more in depth shall be enclosed by a structure and /or fence, as required by the City's Building and Safety Codes. 9254.2.12. DISTANCE BETWEEN BUILDINGS. Buildings on the same property shall be assumed to have a property line between them and shall have a minimum separation of ten feet (10'). 9254.2.13. LAUNDRY ROOM. If a laundry area is not provided in every unit, a minimum of one (1) common laundry facility shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located to the unit to be served. 9254.2.14. TRASH AREAS. Each project shall be provided with a trash, garbage and refuse collection and loading area, which shall have a concrete approach and pad. Said area shall be completely screened from view by a covered enclosure of which three (3) sides shall consist of six -foot (6' high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The interior dimensions of the enclosure shall provide for convenient access to the trash containers. The interior of the enclosure shall be equipped with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. The enclosures shall not be located in any required front, side or rear yard. 9254.2.14.1. RECYCLABLES COLLECTION AND LOADING AREAS. Lots developed with more than one (1) dwelling unit shall be provided with an area for the collection and loading of recyclables in accordance with the California Integrated Waste 25 Management Act of 1989. That area shall have a concrete approach and pad, and completely screened from view by a covered enclosure of which three (3) sides shall consist of six -foot (6' high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The interior dimensions of the enclosure shall provide for convenient access to the collection containers. The interior of the enclosure shall be equipped, if necessary, with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. The enclosures shall not be located in any required front, side or rear yard. 9254.2.15. MECHANICAL EQUIPMENT. Mechanical and plumbing equipment, including, but not limited to, ventilation fans, heating, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment, shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front, side or rear yard setback. Exception: Tankless water heaters may encroach thirty inches (30 ") into any required interior side or rear yard provided that a minimum setback of four (4) feet is maintained. 9254.2.15.1. BACKFLOW PREVENTION DEVICES. Backflow prevention devices, if located within a front yard or a side yard on the street side of a corner lot, shall be screened as follows: A. On backflow devices with piping sizes of three (3) inches or larger, screening is required by either a decorative masonry wall or planter box, as per the current standards on file in the Development Services Department. 26 B. Backflow devices with piping sizes of two and one -half (2 %) inches and smaller must be screened by either planting or a decorative masonry wall, as per the current standards on file in the Development Services Department. C. The required screening material shall be architecturally compatible with the on- site development, and subject to the review and approval of the Development Services Director or designee. 9254.2.16. UTILITIES. All utilities on the site for direct service to the area thereon shall be installed underground except as otherwise approved by the City Council by approval of a precise plan of design. The owner or developer is responsible for complying with the requirements of this Section and shall make the necessary arrangements as required by the serving utilities for the installation of such facilities. For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be terminated above ground. 9254.2.17. EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted on any exterior wall or structure at a maximum of fifteen feet (15') above the adjacent finished grade level. 9254.2.18. FENCES, WALLS AND GATES. Fences, walls and /or gates are prohibited within front and street side yard areas, except for guard rails and hand rails required for safety protection up to the minimum height required by the Building Code. 27 Such guard rails and hand rails shall be subject to Architectural Design Review. For the purposes of this Section, the front and street side yard areas shall be defined as the areas extending across the full width or length of the lot between any street frontage lot line and the front of any building nearest the street. EXCEPTION: Temporary construction fencing that is of chain -link or wire type may be permitted within the front and street side yard areas, provided it does not exceed six (6) feet in height. The need for any retaining walls and their height shall be determined by the City Engineer. 9254.2.18.1. FENCES AND WALLS. SIDE AND REAR YARD AREAS. Fences and walls located within the required side and rear yard areas are permitted up to six (6) feet in height. Measurement of a Fence or Wall Height. The fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or wall (see Figure 3). Figure 3 f li` M x . i.:r,• .1 uv:: When there is a difference in grade between properties, a fence or wall is permitted up to six (6) feet in height adjacent to the rear and side property lines if said fence or wall 28 maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall or fence shall comply with the height limitations unless it complies with the setbacks required for an accessory building (see Figure 4). Figure 4 Una 1 / , T-Cr 7 EXCEPTION: If the grade has been altered by previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. No spears (i.e. apache, aristocrat with crushed spears, or any spearlike features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. 9254.2.18.3. VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. On corner lots located at the intersection of two or more streets, alleys, or common driveways no buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features or dense landscaping shall exceed three (3) feet in height within twenty -five (25) feet of the intersection. At driveways, the minimum 29 height shall be three (3) feet within fifteen (15) feet of the driveways intersection with the street and /or sidewalk (see Figure 5)." Figure 5 I:az RD ` Vk (±pr NTY Zfi k... f \ J • E 3 MAX r_......_.. FENCE ....................._...___......................._......_....... ._.....___._........._........: Y_......._..._..._...""' AMA /6M t 4 R i W A Y R H R i1 R ....._.._... ti t...__.._.... f........._ t t 1 1 i ' SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31 day after its adoption. Passed, approved and adopted this day of • , 2010. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: p 46r44,‘ Stephen P. Deitsch City Attorney 30 ORDINANCE NO. 2273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO ENACT THE 2010 GENERAL PLAN UPDATE PROJECT AND ADDRESS NEW LOCAL AND STATE REGULATIONS AND STANDARDS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article IX, Chapter 2, Part 2, Section 9220.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.1. ACCESSORY BUILDING. Accessory building means a building, which is subordinate to the main dwelling on the same lot. This includes, but is not limited to a detached garage, gazebo, pergola, cabana, pool house, recreation room, trellis, and covered patio. When a structure abuts or is joined to the wall of the main dwelling and there is access to the main dwelling, such structure shall be counted as part of the main dwelling." SECTION 2. Section 9220.18.4 is hereby renumbered to 9220.18.5 and a new Section 9220.18.4 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.18.4 DOWNTOWN MIXED USE. A zoning designation that allows a development that integrates compatible commercial or retail uses, or both, with residential uses and that because of its proximity to jobs, shopping, and residences, will minimize new vehicle trip generation." 1 SECTION 3. Article IX, Chapter 2, Part 2, Section 9220.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.2. ACCESSORY DWELLING UNITS. Accessory Dwelling Units are separate living units that may include a separate kitchen, sleeping, and bathroom facilities, and are detached from the main dwelling unit on a single - family lot. Accessory Dwelling Units are subordinate in size, location, and appearance to the main dwelling unit." SECTION 4. Article IX, Chapter 2, Part 2, Section 9220.21 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.21 DWELLING, ONE FAMILY. One - Family Dwelling is a detached building designed exclusively for occupancy by one family. This definition includes manufactured homes, installed in compliance with California Government Code Section 65852.3." SECTION 5. A new Section 9220.24.1 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.24.1 EMERGENCY SHELTER. Pursuant to Section 50801(e) of the California Health and Safety Code, an emergency shelter is housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person." SECTION 6. Article IX, Chapter 2, Part 2, Section 9220.25 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.25 FAMILY. Two or more persons living together as a single housekeeping unit in a dwelling unit. This term does not include a boarding house." 2 SECTION 7. Article IX, Chapter 2, Part 2, Section 9220.25.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.25.1 FLOOR AREA RATIO. Floor Area Ratio (FAR) is the maximum non- residential building square footage that may be permitted. FAR is measured by dividing building square footage by lot area existing prior to development. For Regional Shopping Centers, Gross Leasable Area shall be used to determining building square footage. For all other land uses, Gross Floor Area shall be used to determine building square footage." SECTION 8. Article IX, Chapter 2, Part 2, Section 9220.25.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.25.2 GROSS FLOOR AREA. Gross Floor Area shall be the total dimensions on each floor as measured from the outside wall." SECTION 9. Article IX, Chapter 2, Part 2, Section 9220.25.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.25.3 GROSS LEASABLE AREA. Gross leasable area shall be the total floor area designed for the tenant's occupancy and exclusive use, including basements, mezzanines or upper floors expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. It is the space for which tenants pay rent, including sales areas." SECTION 10. Section 9220.45.1.1 is hereby renumbered to Section 9220.45.1.3, and a new Section 9220.45.1.1 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: 3 "9220.45.1.1 MANUFACTURED HOME. A manufactured home is a single - family house constructed entirely in a controlled factory environment, built to the federal Manufactured Home Construction and Safety Standards (better known as the HUD Code). Manufactured homes are considered single - family dwelling units or one - family dwellings." SECTION 11. A new Section 9220.45.1.2 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.45.1.2 MANUFACTURED HOME PARK. Any area or tract of land where space is rented or held for rent to two or more owners or users of manufactured homes or mobile homes. Manufactured Home Parks are permissible in R -2 or R -3 zoning districts subject to the submittal of a Specific Plan application per Section 9296 et. seq." SECTION 12. A new Section 9220.45.1.4 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.45.1.4 MIXED USE. A zoning designation that allows the combination of commercial and residential uses in the same structure and the residential component is located above the nonresidential component. Nonresidential uses are typically commercial uses and the primary activity on the ground floor space in a project." SECTION 13. A new Section 9220.45.1.5 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.45.1.5 MOBILE HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes, but is not limited to, the 4 definition of "mobile home," as set forth in regulations governing the Mobile Home Safety and Construction Standards Program, 924 CFR 3282.7(a). A mobile home is only permitted within a Manufactured Home Park." SECTION 14. Article IX, Chapter 2, Part 2, Section 9220.50.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.50.1 REGIONAL SHOPPING CENTER. For the purpose of determining parking regulations, a Regional Shopping Center shall mean a planned, integrated commercial development comprising not less than seven hundred fifty thousand (750,000) square feet of gross leasable area." SECTION 15. A new Section 9220.50.2 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.50.2 RESIDENTIAL CARE FACILITY — GENERAL. Any State licensed facility, place, or structure that is maintained and operated to provide non - medical, day- care, or foster agency services for seven or more adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited health care assistance and includes facilities serving those with disabilities." SECTION 16. A new Section 9220.50.3 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.50.3 RESIDENTIAL CARE FACILITY — LIMITED. Any State licensed facility, place, or structure that is maintained and operated to provide non - medical, day- care, or foster agency services for six or fewer adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 5 et seq. This use includes the administration of limited health care assistance and includes facilities serving those with disabilities. Uses considered a Residential Care Facility- Limited are permitted by right as required by State law in all zones that allow residential uses by right." SECTION 17. A new Section 9220.62 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.62 SUPPORTIVE HOUSING - GENERAL. A State licensed facility providing housing with no limit on length of stay to be occupied by seven or more individuals of a target population and linked to on -site or off -site services that assist the occupants to retain the housing, improve their health status, and maximize their ability to live in the community." SECTION 18. A new Section 9220.62.1 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.62.1 SUPPORTIVE HOUSING — LIMITED. A State licensed facility providing housing with no limit on length of stay to be occupied by six or fewer individuals of a target population and linked to on -site or off -site services that assist the occupants to retain the housing, improve their health status, and maximize their ability to live in the community. Supportive Housing- Limited facilities are permitted by right as required by State law in all zones that allow residential uses by right." SECTION 19. A new Section 9220.65.1 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.65.1 TRANSITIONAL HOUSING — GENERAL. A State licensed facility that has as its purpose the facilitating of the movement of seven or more homeless 6 individuals and families into permanent housing within a reasonable amount of time (no Tess than six months)." SECTION 20. A new Section 9220.65.2 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.65.2 TRANSITIONAL HOUSING — LIMITED. A State licensed facility that has as its purpose facilitating of the movement of six or fewer homeless individuals and families into permanent housing within a reasonable amount of time (no less than six months). Transitional Housing- Limited facilities are permitted by right as required by State law in all zones that allow residential uses by right." SECTION 21. Article IX, Chapter 2, Part 5, Division 0, Section 9250.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9250.2.5 ACCESSORY DWELLING UNITS. Accessory dwelling units shall comply with the following regulations: A. Location and Operation Standards: 1. An accessory dwelling unit may be constructed on any legal parcel of 15,000 square feet or more. 2. No more than one accessory dwelling unit shall be allowed on a property. 3. Accessory dwelling units shall only be built when there is an existing single - family residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the primary residence, however no certificate of occupancy may be issued unless and until a certificate of occupancy is issued for the primary residence. 4. Accessory dwelling units shall not be attached in any way to any other building, except for a garage or carport that serves the accessory dwelling unit, and shall not be within ten (10) feet of another building. Accessory dwelling units shall not be attached to the main residence. 5. A covenant in a form approved by the City Attorney shall be required to be filed for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and parcel. B. Development Standards: 1. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (e.g. setbacks, lot coverage, height, encroachment plane, etc. that apply to the primary residence). 2. An accessory dwelling unit shall not be more than 600 square feet of gross floor area, not including a covered porch, covered patio, or trellis, and a garage or carport that serves the accessory dwelling unit. 3. An accessory dwelling unit shall be limited to a height of one -story, not to exceed twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest ridgeline, and shall not exceed the height of the primary residence. 4. An accessory dwelling unit shall be provided with a minimum of one (1) on- street parking space (covered or uncovered) in a designated location outside of the required front or street -side yard setbacks. SECTION 22. Section 9251.1.2 of Chapter 2, Part 5, Division 1 of Article IX is hereby deleted in its entirety. 8 SECTION 23. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.3.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9251.2.3.1. CORNER LOTS. On corner Tots the required side yard setback adjoining the interior lot shall be as specified in Section 9252.2.3. The required side yard setback on the street side of a corner lot shall not be less than twenty (20) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high and /or any portion of a second story including second story architectural features and walls shall be setback not less than twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on Tots with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required building setback line. On corner lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback." 9 SECTION 24. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.3.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9251.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots, the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty -five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and /or any portion of a second story, including second story architectural features and wall, shall be set back twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. On reverse corner lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback. The lot width for determining setbacks on lot with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required front setback line." 10 SECTION 25. Section 9251.2.9. of Chapter 2, Part 5, Division 1 of Article IX is hereby deleted in its entirety. SECTION 26. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.9.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings, except for accessory dwelling units are not to be used as dwelling units. Accessory buildings may not have more than one (1) story, exceed more than sixteen (16) feet in height, occupy more than twenty -five percent (25 %) of a required rear yard, be located within five (5) feet of a rear lot line nor within ten (10) feet of another building, contain more than one (1) room and one (1) three - quarter (3/4) bathroom. Side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division. The total floor area of detached accessory building(s), not including accessory dwelling units shall not exceed fifty percent (50 %) of the ground floor area of the main dwelling." SECTION 27. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.10.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9251.2.10.3 ACCESSORY DWELLING UNITS. Accessory dwelling units shall comply with the following regulations: A. Location and Operation Standards: 1. An accessory dwelling unit may be constructed on any legal parcel of 15,000 square feet or more. 2. No more than one accessory dwelling unit shall be allowed on a property. 11 3. Accessory dwelling units shall only be built when there is an existing single - family residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the primary residence, however no certificate of occupancy may be issued unless and until a certificate of occupancy is issued for the primary residence. 4. Accessory dwelling units shall not be attached in any way to any other building, except for a garage that serves the accessory dwelling unit, and shall not be within ten (10) feet of another building. Accessory dwelling units shall not be attached to the main residence. 5. A covenant in a form approved by the City Attorney shall be required to be filed for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and parcel. B. Development Standards: 1. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (e.g. setbacks, lot coverage, height, encroachment plane, etc. that apply to the primary residence). 2. An accessory dwelling unit shall not be more than 600 square feet of gross floor area, not including a covered porch, covered patio, trellis, and a garage or carport that serves the accessory dwelling unit. 3. An accessory dwelling unit shall be limited to a height of one -story, not exceed twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest ridgeline, and shall not exceed the height of the primary residence. 12 4. An accessory dwelling unit shall be provided with a minimum of one (1) on -site parking space (covered or uncovered) in a designated location outside of the required front or street -side yard setbacks." SECTION 28. Section 9252.1.2 of Chapter 2, Part 5, Division 2 of Article IX is hereby deleted in its entirety. SECTION 29. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.3.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9252.2.3.1. CORNER LOTS. On corner lots the required side yard setback adjoining the interior lot shall be as specified in Section 9252.2.3. The required side yard setback on the street side of a corner lot shall not be less than twenty (20) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high and /or any portion of a second story including second story architectural features and walls shall be setback not less than twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on lots with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required building setback line. On corner lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side 13 property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback." SECTION 30. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.3.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9252.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots, the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not Tess than twenty -five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and /or any portion of a second story, including second story architectural features and wall, shall be set back twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. On reverse corner lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. 14 Architectural projections, with the exception of building eaves shall not project into the required setback. The lot width for determining setbacks on lot with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required front setback line." SECTION 31. Section 9252.2.9. of Chapter 2, Part 5, Division 2 of Article IX is hereby deleted in its entirety. SECTION 32. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.9.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9252.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings, except for accessory dwelling units are not to be used as dwelling units. Accessory buildings may not have more than one (1) story, exceed more than sixteen (16) feet in height, occupy more than twenty -five percent (25 %) of a required rear yard, be located within five (5) feet of a rear lot line nor within ten (10) feet of another building, contain more than one (1) room and one (1) three - quarter (3/4) bathroom. Side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division. The total floor area of detached accessory building(s), not including accessory dwelling units shall not exceed fifty percent (50 %) of the ground floor area of the main dwelling." SECTION 33. Section 9252.2.9.2 of Chapter 2, Part 5, Division 2 of Article IX is hereby deleted in its entirety. SECTION 34. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.9.3 of the Arcadia Municipal Code is hereby amended to read as follows: 15 "9252.2.9.3 ACCESSORY DWELLING UNITS. Accessory dwelling units shall comply with the following regulations: A. Location and Operation Standards: 1. An accessory dwelling unit may be constructed on any legal parcel of 15,000 square feet or more. 2. No more than one accessory dwelling unit shall be allowed on a property. 3. Accessory dwelling units shall only be built when there is an existing single - family residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the primary residence, however no certificate of occupancy may be issued unless and until a certificate of occupancy is issued for the primary residence. 4. Accessory dwelling units shall not be attached in any way to any other building, except for a garage that serves the accessory dwelling unit, and shall not be within ten (10) feet of another building. Accessory dwelling units shall not be attached to the main residence. 5. A covenant in a form approved by the City Attorney shall be recorded for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and parcel. B. Development Standards: 1. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (e.g. setbacks, lot coverage, height, encroachment plane, etc. that apply to the primary residence). 16 2. An accessory dwelling unit shall not be more than 600 square feet of gross floor area, not including a covered porch, covered patio, trellis, and a garage or carport that serves the accessory dwelling unit. 3. An accessory dwelling unit shall be limited to a height of one -story, not exceed twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest ridgeline, and shall not exceed the height of the primary residence. 4. An accessory dwelling unit shall be provided with a minimum of one (1) on -site parking space (covered or uncovered) in a designated location outside of the required front or street -side yard setbacks." SECTION 35. Article IX, Chapter 2, Part 5, Division 3, Section 9253.1.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.1.1. SINGLE - FAMILY DWELLINGS. Single- family dwellings of a permanent character. A new or expansion to an existing single - family dwelling shall be reviewed pursuant to the regulations contained in the R -2 zone." SECTION 36. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.5. - SIDE YARD. On interior lots there shall be a side yard on each side of every building of not less than ten feet (10') On corner Tots the required side yard adjoining the interior lot shall be ten feet (10') The required side yard on the street side of a corner lot shall not be Tess than the required front yard setback for the side street. EXCEPTION. On lots that are Tess than sixty -five feet (65') in width the enclosed single - story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the 17 required interior side yard setback, provided that there shall be no living space in said enclosed garage encroachment. SECTION 37. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.6 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.6. REAR YARD. There shall be a rear yard of not less than ten feet (10') in depth." SECTION 38. Section 9253.2.8 of Chapter 2, Part 5, Division 3 of Article IX is hereby deleted in its entirety. SECTION 39. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.9 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.9. PARKING. The following regulations shall apply to parking: A. Two (2) covered parking spaces shall be provided and assigned to each dwelling unit. B. On lots containing more than one (1) dwelling unit, guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. When the calculation results in a number other than a whole number, the requirement shall be rounded to the next higher whole number. C. Structures used principally for parking shall not be higher than one (1) story. D. Each parking space shall have clear dimensions at least of nine feet (9') in width by nineteen feet (19') in depth. 18 E. Safe ingress and egress shall be provided for each parking space by a twenty- five -foot (25') turning radius and /or a minimum of twenty -five feet (25') of back out space directly adjacent to said parking space. F. No portion of any required driveway may be used to fulfill any parking space requirements. G. Adequate bumper guards shall be provided to protect from damage the interior wall of garages and /or the supports of carports. H. A clear three -foot (3') wide planting area shall be landscaped and so maintained between any open parking space and adjoining property lines. I. No parking shall be permitted within required front and /or street -side yards. J. Each required guest parking space shall have clear dimensions of at least nine feet (9') in width by nineteen feet (19') in depth. K. "Guest Parking Only" signs with letters not less than two inches (2 ") in height shall be properly located to designate guest parking spaces." SECTION 40. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.10 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.10. DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Any driveway to a parking space shall be at least ten feet (10') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty -five feet (125') long shall be 19 not less than eighteen feet (18') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. EXCEPTION: Two (2) ten foot (10') wide driveways may be provided in lieu of one (1) eighteen -foot (18') wide driveway; provided that one (1) driveway is specified for ingress only and the other driveway is specified for egress only. C. Each driveway adjacent to a parking space shall have a width that provides the required safe ingress and egress and shall be totally unobstructed from the pavement upward, except as provided in this title. D. Every driveway shall be entirely paved. E. Community driveways shall be permitted provided that the owners of the lots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangement and provided that a Covenant in recordable form approved by the City Attorney is by its terms to be for the benefit of, enforceable by, and to be released only by the City, and is executed by all the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the community driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. F. Eaves, no portion of which is less than thirteen feet (13') above the pavement, may overhang any driveway a distance of not more than three feet (3'). G. Utility pole cross -arms and utility service wires may be located not less than thirteen feet (13') in height above the paved surface of any driveway. 20 H. Whenever a driveway is located within a required side yard, a landscaped area at least a clear three feet (3') in width shall be maintained between the property line and the driveway. I. A clear two -foot (2') wide landscaped area shall be maintained between any driveway and any building." SECTION 41. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.11 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.11. OPEN SPACE. The following regulations shall apply: A. At least one hundred (100) square feet of contiguous private open space shall be provided for each dwelling unit. Such open space shall be directly accessible from the unit it serves and shall have a minimum dimension of ten feet (10'). B. At least fifty percent (50 %) of the cumulative required open space shall be landscaped and shall be maintained and provided with a permanent automated irrigation system. C. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street frontage and /or side frontage shall be provided in the front and /or street side yards. The specific locations of these trees are subject to the review and approval of the Development Services Director or designee." SECTION 42. Section 9253.2.13 of Chapter 2, Part 5, Division 3 of Article IX is hereby deleted in its entirety. SECTION 43. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.14 of the Arcadia Municipal Code is hereby amended to read as follows: 21 "9253.2.14. DISTANCE BETWEEN BUILDINGS. Buildings on the same lot shall have a minimum separation of ten feet (10')." SECTION 44. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.15 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.15. LAUNDRY ROOM. If a laundry area is not provided in every unit, a common laundry area shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located to the units to be served." SECTION 45. Article IX, Chapter 2, Part 5, Division 5, Section 9255.1.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.1.1. DWELLING UNITS. Two or more dwelling units, including single- family dwellings, multiple family dwellings and /or cooperative dwellings constructed in accordance with the regulations of Article VIII of this Code relating to the Multiple - Family Construction Standards. EXCEPTION: If a lot that is regulated by this Division has a width of fifty feet (50') or less, it may be developed with only one (1) single - family dwelling. Such a development shall be considered through the Modification process and is subject to the review and approval of the Modification Committee. A new or expansion to an existing single - family dwelling shall be reviewed pursuant to the regulations contained in the R -3 zone." SECTION 46. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.4 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.4. SIDE YARD. On interior lots there shall be a side yard on each side of every building of not less than ten feet (10'). On corner lots the required side yard adjoining the interior lot shall be ten feet (10'). The required side yard on the street side 22 of a corner lot shall not be Tess than the required front yard setback for the side street. EXCEPTION: On lots that are less than sixty -five feet (65') in width the enclosed single - story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the required interior side yard setback, provided that there shall be no living space in said enclosed garage encroachment." SECTION 47. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.5. REAR YARD. There shall be a rear yard of not less than ten feet (10') in depth." SECTION 48. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.7 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.7. DWELLING UNIT DENSITY. Maximum density: one dwelling unit per one thousand four hundred fifty (1,450) square feet of lot area (30 dwelling units per acre). Minimum density: one dwelling unit per two thousand two hundred (2,200) square feet of lot area (20 dwelling units per acre)." SECTION 49. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.9 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.9. PARKING. The following regulations shall apply to parking: A. Two (2) covered parking spaces shall be provided and assigned to each dwelling unit. Structures used principally for parking shall not be higher than one (1) story. 23 B. On lots containing more than one (1) dwelling unit, guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. Where the calculation results in a number other than a whole number, the requirement shall be rounded to the next higher whole number. C. Each parking space shall have clear dimension of nine feet (9') in width by nineteen feet (19') in depth. D. Safe ingress and egress shall be provided for each parking space by a twenty- five -foot (25') turning radius and /or a minimum of twenty -five feet (25') of back out space directly adjacent to said parking space. E. No portion of any required driveway may be used to fulfill any such parking space requirements. F. Adequate bumper guards shall be provided to protect from damage the interior wall of garages and /or the supports of carports. G. A clear three -foot (3') wide planting area shall be landscaped and so maintained between any open parking space and adjoining property lines. H. No parking shall be permitted within required front and /or street side yards. I. Each required guest parking space shall have clear dimension of nine feet (9') in width by nineteen feet (19') in depth. J. "Guest Parking Only" signs with letters not less than two inches (2 ") in height shall be properly located to designate guest parking spaces." SECTION 50. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.10 of the Arcadia Municipal Code is hereby amended to read as follows: 24 "9255.2.10. - DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Any driveway to a parking space shall be at least ten feet (10') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty -five feet (125') long, shall be not less than eighteen feet (18') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. EXCEPTION: Two (2) ten -foot (10') wide driveways may be provided in lieu of one (1) eighteen -foot (18') wide driveway; provided that one (1) driveway is specified for ingress only and the other driveway is specified for egress only. C. Each driveway adjacent to the rear of a parking space shall have a width that provides the required safe ingress and egress and shall be totally unobstructed from the pavement upward, except as provided in this Title. D. Every driveway shall be entirely paved. E. Community driveways shall be permitted provided the owners of the lots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangements and provided that a Covenant in recordable form approved by the City Attorney, is by its terms to be for the benefit of, enforceable by, and to be released only by the City, and is executed by all the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the 25 community driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. F. Eaves, no portion of which is Tess than thirteen feet (13') above the pavement, may overhang any driveway a distance of not more than three feet (3'). G. Utility pole cross -arms and utility service wires may be located not less than thirteen feet (13') in height above the paved surface of any driveway. H. Whenever a driveway is located within a required side yard, a landscaped area at least a clear three feet (3') in width shall be maintained between the property line and the driveway. I. A clear two foot (2') wide landscaped area shall be maintained between any driveway and building." SECTION 51. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.11 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.11. OPEN SPACE. The following regulations shall apply: A. At least one hundred (100) square feet of contiguous private open space shall be provided for each dwelling unit. Such open space shall be directly accessible from the unit, which it serves, and shall have a minimum dimension of ten feet (10'). B. At least fifty percent (50 %) of the cumulative required open space shall be landscaped and shall be maintained and provided with a permanent irrigation system. C. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street frontage shall be provided in the front and /or street side yards. The specific locations of these trees are subject to the review and approval of the Development Services Director or designee." 26 SECTION 52. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.14 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.14. DISTANCE BETWEEN BUILDINGS. Buildings on the same lot shall have a minimum separation of ten feet (10')." SECTION 53. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.15 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.15. LAUNDRY ROOM. If a laundry area is not provided in every unit, a common laundry area shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located to the units to be served." SECTION 54. Article IX, Chapter 2, Part 5, Division 7, Section 9257 of the Arcadia Municipal Code is hereby amended to read as follows: "9257. INTENT AND PURPOSE. This Division is established to provide a Density Bonus Ordinance for all multiple - family, Downtown Mixed Use, and Mixed -Use zones, which is intended to comply with the State Density Bonus Law, Government Code Section 65915. In accordance with the provisions of this Chapter and in consideration to developers of multiple - family housing for, Lower - income Households, Very-low- income Households, Moderate - income Households, or Senior Citizens, the City shall grant a Density Bonus and additional concessions." SECTION 55. Article IX, Chapter 2, Part 5, Division 7, Section 9257.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9257.1. DEFINITIONS. For the purposes of this Division, certain words and phrases used herein shall be defined as follows: A. Affordability. The ability to satisfy the requirements of an Affordable Unit. 27 B. Affordable Unit(s). Affordable units shall mean housing units that have costs or rents as defined in Section 50052.5 and 50053 of the Health and Safety Code, as said sections may be hereinafter amended, for Very-low- income, Lower - income, or Moderate- income Households. C. Common Interest Development. A project composed of individually owned units that share usage and financial responsibility for common areas, including a community apartment project, a condominium project, a planned development, and a stock cooperative. D. Concession. Concession shall mean the adjustment of a development standard required by the City and exceeding the minimum standards required by State law, in order to facilitate construction of eligible Housing Developments as defined by the provisions of this Division. Concessions may include, but are not limited to priority processing, fee deferments and waivers, and granting of modifications to applicable zoning requirements. E. Condominium /Apartment Conversion. A project involving the conversion of a building with tenants, or a cooperative building with tenant - shareholders, into a community of individual owners of specified units and common owners of all common areas. F. Density bonus. Density bonus shall mean an increased density of up to thirty five percent (35 %) over the maximum authorized density, which is granted to a developer of a multiple - family project that includes a prescribed percentage of Affordable Units in accordance with the density bonus provisions listed in section 9257.2. 28 Exception: For the purpose of residential Condominium /Apartment conversion projects, "density bonus" shall mean an increase in units of twenty -five percent (25 %) over the number of apartments to be provided within the existing structure or structures proposed for conversion. G. Housing Development. Housing Development shall mean multiple - family residential projects within the R -2 and R -3 zones of the City including, but not limited to, projects to substantially rehabilitate and convert existing commercial buildings to residential use or projects to substantially rehabilitate existing multiple - family dwelling units where the result of the rehabilitation is a net increase in available residential units. H. Incentive. Incentive shall mean the adjustment of a development standard required by the City and exceeding the minimum standards required by State law, in order to facilitate construction of eligible Housing Developments as defined by the provisions of this Division. Incentives may include, but are not limited to, priority processing, fee deferments and waivers, and granting of modifications to applicable zoning requirements. I. Household type. Household type shall mean whether the occupants of the dwelling units are Tower- income, very-low- income, moderate income, or senior citizens. J. Land Donation. A land donation shall mean a transfer of land to the City or housing developer identified and approved by the City, no later than the date of approval of a final subdivision map, parcel map or residential development application of an area; (1) large enough and zoned to accommodate housing for Very-low Income Households equal to at least 10 percent of the number of units in the market -rate development; (2) at least one acre in size or of sufficient size to permit development of 29 at least 40 units; (3) that is or will be served by adequate public facilities and infrastructure; (4) has the appropriate general plan designation; (5) has all the permits and approvals, other than building permits, necessary for the development of the Affordable Units not later than the date of approval of the final subdivision map, parcel map, or residential development, except design review in the event the design is not required by the City prior to the transfer; (6) subject to a deed restriction ensuring Affordability consistent with this Division, which shall be recorded at the time of the transfer; (7) within the boundary of the proposed Housing Development or, if the City agrees, within one - quarter mile of the boundary of the proposed Housing Development. A proposed source of funding for the Affordable Units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. K. Lower - income and Very-low- income Households. Lower - income and very- low-income households are defined by income limits that are established in Sections 50079.5 and 50105 respectively of the Health and Safety Code, as said sections may be hereinafter amended. L. Moderate - income households. Moderate - income households are defined by income limits that are established in Section 50093 of the Health and Safety Code, as said sections may be hereinafter amended. M. Senior citizens. Senior citizens shall mean persons who are at least fifty - five years of age, in accordance with State and federal Law. N. Senior citizen housing development. Senior citizen housing development shall mean government- subsidized housing units for senior citizens consisting of at 30 least thirty five (35) units each occupied by at least one (1) person aged fifty -five (55) or older and which provides facilities and services designed for seniors." SECTION 56. Article IX, Chapter 2, Part 5, Division 7, Section 9257.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9257.2. APPLICABILITY AND EXCEPTION. A. Housing developments consisting of five (5) units or more (excluding bonus units), excluding Condominium /Apartment Conversions, are eligible for a density bonus, a modified parking requirement, and additional concessions or incentives, provided that the project meets one or more of the following criteria: 1. At least ten percent (10 %) of the total number of units of a housing development are designated for lower- income households; or 2. At least five percent (5 %) of the total number of units of a housing development are designated for very-low- income households; or 3. At least ten percent (10 %) of the total number of units of a housing development are designated for very-low income units for Households (Land Donation projects only); or 4. At least ten percent (10 %) of the total number of units of a housing development are designated for moderate - income households (Common Interest Developments that are offered to the public for purchase only); or 5. A Senior Citizen Housing Development. B. Residential condominium conversion projects (converting apartments into condominium units) consisting of five (5) apartment units or more are eligible for a 31 twenty -five percent (25 %) density bonus, as set forth in this Division, provided that the project meets one or more of the following criteria: 1. At least thirty -three percent (33 %) of the total number of units of the proposed Condominium /Apartment Conversion project are designated for Low -to- Moderate- income households; or 2. At least fifteen percent (15 %) of the total number of units of the proposed Condominium /Apartment conversion project are designated for Very-low income households. 3. The proposed apartment complex that is proposed to be converted into condominiums shall not have been previously granted a Density Bonus. C. The density bonus for qualified projects shall be calculated as follows in Table 1: Density Bonus Provisions. A developer must choose a density bonus from only one affordability category and cannot combine categories. Table 1: Density Bonus Provisions 32 Each Minimum Additional Set -Aside of Bonus 1% Set - Affordability Categories Affordable Granted Aside of Maximum Units Affordable Units adds: Very Low Income Households 5% 20% 2.5% 35% Lower Income Households 10% 20% 1.5% 35% Moderate Income (Common 10% 5% 1.0% 35% Interest Development Only) Senior Citizen Housing 100% ° 20% Development (minimum 35 20 /o -- 20 /o units) Senior Citizen Housing 100% Development & 100% of units (minimum 30% 20% are for Lower Income or Very- 35 units) low income Households Land Donation (Very -low 10% 15% 1% 35% income Household projects only) 33% low -to- Condominium /Apartment moderate ° ° Conversions income 25 /o NA 25 /o 15% very low income D. The City shall deny a proposed housing development with affordable units if any one of the following findings is made: 1. A finding in accordance with Section 65589.5 of the Government Code, as the section may be hereinafter amended. 2. The project would have a specific, adverse impact upon the public's health or safety, and there is no reasonably feasible method to satisfactorily mitigate the identified adverse impact." SECTION 57. Article IX, Chapter 2, Part 5, Division 7, Section 9257.3 of the Arcadia Municipal Code is hereby amended to read as follows: • 33 "9257.3. CONCESSIONS AND INCENTIVES. In addition to a density bonus, the City shall grant a specified number of concessions or incentives to the developer in accordance with Sections 65915 et seq. of the Government Code, as the sections may be hereinafter amended, unless the City adopts a written finding that the additional Concessions or Incentive is (1) not required to make the units Affordable; (2) has a specific adverse impact upon the public's health and safety, or the physical environment, or any real property listed in the California Register of Historical Resources, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable; or (3) would be contrary to State or federal law. Concessions and Incentives may be any of the following: a. A modification of applicable zoning code requirements; b. Reduction of application or construction permit fees; c. Other regulatory concessions proposed by the applicant or the City." SECTION 58. Article IX, Chapter 2, Part 5, Division 7, Section 9257.4 of the Arcadia Municipal Code is hereby amended to read as follows: "9257.4. GENERAL REQUIREMENTS. A. Before the issuance of a building permit for any dwelling unit in a Housing Development for which a Density Bonus has been awarded or Concessions or Incentives granted pursuant to this Division, the developer shall identify the Affordable Units and shall enter into a written agreement with the City, as set forth further in Section 9257.5 to guarantee one (1) or both of the following, as applicable: 34 1. Low and Very-low- income Households: Affordable Units for Low and Very- low income Households shall continue to be Affordable for a minimum of thirty (30) years, which thirty (30) year restriction shall renew upon sale or transfer of the units. These units shall remain Affordable for a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. 2. Moderate - income Households: The initial occupant must be a Moderate - income Household and the unit shall be Affordable. An equity- sharing agreement will be required indicating that upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. Upon resale, the City shall recapture any initial subsidy and its proportionate share of appreciation in accordance with Section 65915(c) (2)(B)(C) of the Healthy and Safety Code, as said section may be hereinafter amended. The City shall spend such recaptured funds within five (5) years for the construction, rehabilitation, or preservation of Affordable housing for Very-low, Low and Moderate - income Households, as described in Section 33334.2(e) of the Healthy and Safety Code, as said section may be hereinafter amended. B. Affordable units shall be dispersed throughout the project and architecturally compatible with the overall housing development. C. In calculating the additional density bonus units to be permitted over the stated density that is currently allowed by the existing zoning, or in calculating the amount of affordable units to be required, any fractional remainder shall be rounded up to the next whole number. 35 D. Nothing in this Division shall be construed to require the City to provide, or limit the City's ability to provide direct financial incentives for Housing Developments, including the provision of publicly owned land by the City or the waiver of fees and dedication requirements. E. The City's granting of an Incentive or Concessions shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval. F. Nothing in this Division shall be interpreted to require the City to waive or reduce development standards or to grant an Incentive or Concession that would have a specific, adverse impact upon health, safety or the physical environment for which there is no feasible method to mitigate or avoid the specific adverse impact; nor shall this require the City to waive or reduce development standards or to grant an Incentive or Concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources." SECTION 59. Article IX, Chapter 2, Part 5, Division 7, Section 9257.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9257.5. APPLICATION PROCEDURES. A. A developer may submit a written preliminary proposal for a density bonus prior to a formal application and may request a meeting with the City. The City shall respond within ninety (90) days of receipt of a written preliminary proposal, notifying the applicant in writing of the procedures which will be followed in processing a formal application. 36 B. The formal application shall follow the review process as set forth for text amendments in Article IX, Chapter 2, Part 9, Division 3 of the Arcadia Municipal Code, and shall provide additional information as specified in this Chapter and as requested by the City. C. Concurrent with the submittal of the formal application, the applicant shall also provide the following items to ensure compliance with the provisions of this Chapter: 1. A "Density Bonus Agreement" (in a form approved by the City Attorney) subject to approval by the City Council, and that shall run with the land. It may include, but not be limited to, providing the following information: (a) The number of requested dwelling units above the amount allowed by the existing zoning, and the additional concessions and incentives requested; (b) Household type, number, location, size and construction scheduling of all affordable units; (c) The time period of affordability for the affordable units, as set forth in this Division; (d) The standards for maximum qualifying incomes for affordable units; (e) The standards for maximum rents or sales prices for affordable units; (f) The process to be used to certify tenant and homeowner incomes; (g) The arrangements with the City for the monitoring of the affordable units; (h) How vacancies will be marketed and filled; (i) Restrictions and enforcement mechanisms binding on the property upon its sale or transfer; 37 (j) Penalties and enforcement mechanisms in the event of a failure to maintain the affordability provisions; (k) Any other provisions deemed necessary by the City of Arcadia. 2. A project financial report (pro forma) shall be submitted to allow the City to evaluate the financial need for the additional concessions and incentives. The City may retain a consultant to review the financial report. The cost of the consultant shall be at the expense of the applicant." SECTION 60. Article IX, Chapter 2, Part 6, Division 5, Section 9265.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.1. USES PERMITTED. No building or land shall be used and no building shall be hereafter erected, constructed or established except for the uses specified in the following subsections. EXCEPTION: A conditional use permit shall be required for every retail business selling alcoholic beverages for off - premise consumption and every retail business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property (Amended by Ord. 1893 adopted 9- 6 -88)." P — Permitted C — Conditional Use Permit Communication and Transportation Permit Requirement Alternative fuels and recharging facilities P Automobile car wash C Automobile storage C Automobile fueling stations C Automobile fueling stations and Automated C self- service car wash 38 Automobile rental facility C Automobile and truck repair C Automobile self - service station C Automobile service station C Garages C Major wireless communication facilities C Motor vehicles and truck sales C Automobile upholstering C Used car sales C Education Art Studios C Commercial, Trade, and Music schools C Martial art studios C Music and Vocational Schools C Tutoring centers C Entertainment and Facilities Arcades C Bowling alleys C Health club C Ice skating rinks C Karaoke and sing -along C Movie Theatres C Roller skating rinks C Retail Building material sales (Not more than 20% of P the outdoor area shall be devoted to outdoor sales) Retail uses P Garden center /nursery P Grocery store P Pet Stores P Warehouse Retail (under 40,000 square feet) P Warehouse Retail (over 40,001 square feet) C Wholesale (under 40,000 square feet) P Wholesale (40,000 square feet and over) C Services Animal Boarding C Animal Grooming P Automated Tell Machines (ATMs) P Bakeries Day Care facilities C Drive -thru facilities C Dry cleaning service P Equipment rental establishments P Dental offices or clinics P 39 Manufacturing (under 40,000 square feet) P Manufacturing (40,00 square feet and over) C Medical laboratories P Medical services P Mortuaries C Offices P Outdoor Storage C Personal Services C Recycling facilities C Research and Development P Restaurants, fast food, with or without outdoor C dining Self- Storage C Towing Services C Veterinary Services C Warehousing & Distribution Storage P (Enclosed) SECTION 61. Section 9265.1.1 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 62. Sections 9265.1.3; 9265.1.4; 9265.1.5; 9265.1.6; 9265.1.7; 9265.1.8; 9265.1.9; 9265.1.10; 9265.1.11; 9265.1.12; 9265.1.13; 9265.1.14; 9265.1.15; 9265.1.16; 9265.1.17; 9265.1.8; 9265.1.19; 9265.1.20; 9265.1.21 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 63. Title "Division 5 C -M Commercial- Manufacturing Zone" located below Section 9265.1.21 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 64. Article IX, Chapter 2, Part 6, Division 5, Section 9265.2.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.2.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet (12.19 meters) in height, except as provided in Division 6 of Part 7 (Special Height Zone) of this Chapter." 40 SECTION 65. Article IX, Chapter 2, Part 6, Division 5, Section 9265.2.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.2.2. FRONT YARD. No front yard shall be required." SECTION 66. Article IX, Chapter 2, Part 6, Division 5, Section 9265.2.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.2.3. SIDE YARD. No side yard setback shall be required, unless it abuts a residentially zoned property; then a minimum side yard setback of ten (10) feet shall be maintained. No portion of any structure shall encroach through a plane projected from an angle of forty -five (45) degrees as measured at the ground level along the abutting residential property line." SECTION 67. Section 9265.2.4 is hereby renumbered to become Section 9265.2.5, and a new Section 9265.2.4 is hereby added to Article IX, Chapter 2, Part 6, Division 5, of the Arcadia Municipal Code to read as follows: "9265.2.4. REAR YARD. No rear yard setback shall be required, unless it abuts a residentially zoned property; then a minimum rear yard setback of ten (10) feet shall be maintained. No portion of any structure shall encroach through a plane projected from an angle of forty -five (45) degrees as measured at the ground level along the abutting residential property line." SECTION 68. Section 9265.2.6 is hereby added to Article IX, Chapter 2, Part 6, Division 5, of the Arcadia Municipal Code to read as follows: "9265.2.6 ROOF - MOUNTED EQUIPMENT, ACCESSORY STRUCTURAL ITEMS, AND MECHANICAL EQUIPMENT. 41 1. Towers, chimneys, spires, gables, mechanical equipment and other roof- top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any public street or right -of -way. This shall be accomplished through the extension of the main structure or roof, or screened in a manner that is architecturally integrated with the main structure 2. Mechanical equipment, including but not limited to heating and air conditioning devices, shall be located within the building or if mounted elsewhere shall be screened from public view." SECTION 69. Article IX, Chapter 2, Part 6, Division 5, Section 9265.3.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.3.1. PARKING REQUIREMENTS. Unless otherwise indicated in this division, parking facilities in the C -M Commercial- Manufacturing Zone shall be provided in accordance with the standards for Commercial Zones of the General Parking Regulations set forth in Division 9 of Part 6 of this Chapter (Sections 9269.1 et.seq.)." SECTION 70. Article IX, Chapter 2, Part 6, Division 5, Section 9265.5.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.5.1. LANDSCAPING. Landscaping shall be required in the parking area, subject to the conditions and limitations set forth in Section 9269.13 (Parking Area Landscaping and Walls). Trees shall be provided, as specified in this section and as shown on the landscape plans: 42 1) Trees in Front and Street Setback Areas. A minimum of one (1) tree for every twenty (20) linear feet of street frontage shall be planted in the setback adjacent to the street. a) All required trees shall be a minimum size of twenty -four (24) inch box. b) Notwithstanding the choice of tree specie that is durable and climatically suitable to a project site, the applicant shall install a tree type that is the same variety as trees on adjacent properties, if such tree(s) are healthy and would contribute to the continuity of the streetscape. c) Trees should generally be aligned with trees on adjacent properties. 2) Trees in Areas Other than Front and Street Setbacks. Trees planted in landscaped areas other than front and street setbacks shall comply with the following provisions. a) Small canopy trees shall be combined with medium and /or large canopy trees to enhance the depth and contrast of landscaping. 3) Shrubbery and Groundcover. Shrubbery, vines and groundcover shall be provided, as specified in this section. A minimum of fifty (50 %) percent of required shrubbery, vines and ground cover shall be drought tolerant. a) Shrubbery. Fifty percent (50 %) of all required shrubs and similar plants shall be a minimum size of five (5) gallons at time of planting. b) Groundcover. Live groundcover shall be planted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to other plants. 43 xv� c) Groundcover Spacing. Groundcover plants should be planted at a density and spacing necessary for them to become well established within eighteen (18) months. 4) Approval Required. Landscape plans shall be submitted in conjunction with building plans for construction. No landscaping or irrigation system shall be installed until the plans are approved. The project shall comply with the requirements of Arcadia Municipal Code Section 7554 (Water Efficiency Landscaping), with respect to monitoring water usage." SECTION 71. Section 9265.5.1.1 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 72. Section 9265.5.1.2 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 73. Article IX, Chapter 2, Part 6, Division 5, Section 9265.5.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.5.2. IRRIGATION. All landscaped areas shall be provided with a permanent irrigation system installed below grade except for sprinkler heads and valves." SECTION 74. Section 9265.3 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 75. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.1 of the Arcadia Municipal Code is hereby amended to read as follows: 44 "9265.6.1 LIGHTING. Lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Lights shall be a maximum of thirty (30) feet above the adjacent grade. EXCEPTION. When the subject property abuts residentially zoned property, lights within one hundred (100) feet of said property may not exceed fifteen (15) feet in height." SECTION 76. Section 9265.6.2 in Article IX, Chapter 2, Part 6, Division 5 is hereby deleted in its entirety and a new Section 9265.6.2 is hereby added in place thereof to read as follows: "9265.6.2. BACKFLOW PREVENTION DEVICES. Backflow prevention devices, if located within a front yard or street side yard, shall be screened as follows: A. On backflow devices with piping sizes of three (3) inches or larger, screening is required by either a masonry wall or planter box, as per the current standards on file in the Planning Division. B. Backflow devices with piping sizes of two and one -half (2 1/2) inches and smaller must be screened by either planting or a masonry wall, as per the current standards on file in the Planning Division. C. The required screening material shall be architecturally compatible with the on -site development, and subject to the review and approval of the Planning Division. The Fire Department connection, if applicable, shall not be screened and visible from the street." SECTION 77. Section 9265.6.3 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. 45 SECTION 78. Section 9265.6.3.1 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 79. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.4 is hereby renumbered to become Section 9265.6.3 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.3. UTILITIES. All utilities on the site for direct service to the area thereon shall be installed underground except as otherwise approved by the Council by precise plan of design. The owner or developer is responsible for complying with the requirements of this Section and shall make the necessary arrangements as required by the serving utilities for the installation of such facilities. For the purpose of this Section, appurtenances and associated equipment such as but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be terminated above ground." SECTION 80. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.5 is hereby renumbered to become Section 9265.6.4 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.4. STORAGE. All permanent and temporary storage of wares, merchandise, equipment, storage containers and similar items shall be within a building. The use of temporary storage bins, sheds, shipping containers, semitrailers and trailers and /or temporary buildings is not permitted. In accordance with the California Solid Waste Reuse and Recycling Access Act of 1991, an area shall be provided for the collection and loading of recyclables. Trash, garbage, refuse and recyclables may be 46 temporarily stored outside a building provided such materials are stored in accordance with the provisions of this Title." SECTION 81. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.6 is hereby renumbered to become Section 9265.6.5 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.5. STORAGE. OUTSIDE. TRASH, GARBAGE, REFUSE, AND RECYCABLES. Trash, garbage, refuse, and recyclables that are to be temporarily stored outside a building shall be in covered containers that enable convenient collection and loading. The containers shall be kept in a paved area that is completely screened from view by an enclosure of which three (3) sides shall consist of six (6) foot high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The interior dimensions of said enclosure shall provide for convenient access to the containers. The interior of the enclosure shall be equipped with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. The enclosures shall have full roofs to reduce storm water pollution and to screen unsightly views. The designs of the roof and the materials used shall be compatible with the enclosure and the site's architecture, and adequate height clearance all be provided for access to any containers. The enclosures shall not be located in any setback and not within 100 feet of any adjacent residentially zoned property." SECTION 82. Section 9265.6.6.1 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. 47 SECTION 83. Section 9265.6.7 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety, and Section 9265.6.8 is hereby renumbered to become Section 9265.6.6 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.6. LOADING REQUIREMENTS. All loading spaces shall have adequate ingress and egress, and shall be designed and maintained so that the maneuvering, loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic. Loading facilities shall not face and /or be within 50 feet of any adjacent residentially zoned property." SECTION 84. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.9 is hereby renumbered to become Section 9265.6.7 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.7. LOADING HOURS. Loading and unloading of merchandise or materials within one hundred fifty (150) feet of residentially zoned property shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. Loading and unloading activities within 150 feet or residentially zoned property is prohibited on Sundays and Holidays." SECTION 85. Section 9265.6.9. is hereby added to Article IX, Chapter 2, Part 6, Division 5, of the Arcadia Municipal Code to read as follows: "9265.6.8. DOWNTOWN OVERLAY ZONE. The Downtown Overlay Zone is the extension of the Downtown focus area north and west along Santa Anita Avenue, Huntington Drive and Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building 48 height of forty -five feet (45') or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the City's Official Zoning Map." SECTION 86. Article IX, Chapter 2, Part 6, Division 6, Section 9266.1.11 of the Arcadia Municipal Code is hereby amended to read as follows: "9266.1.11 EMERGENCY SHELTERS. Emergency Shelters pursuant to the definitions of the California Health and Safety Code, and in compliance with the following criteria: a. Emergency shelters shall require onsite management on the premises during all hours of operation. b. Emergency shelters shall provide onsite security during all hours of operation. There shall be no designated exterior waiting areas or client intake areas." SECTION 87. Add Section 9263.11 in Article IX, Chapter 2, Part 6, Division 3, of the Arcadia Municipal Code to read as follows: "9263.6.11. DOWNTOWN OVERLAY ZONE. The Downtown Overlay Zone is the extension of the Downtown focus area north and west along Santa Anita Avenue, Huntington Drive and Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building height of forty -five feet (45') or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the City's Official Zoning Map." SECTION 88. Article IX, Chapter 2, Part 6, Division 9, Section 9269.5 of the Arcadia Municipal Code is hereby amended to read as follows: 49 "9269.5. OFF - STREET PARKING. No less than the following number of off- street parking spaces shall be provided and maintained for each of the following uses, except for those temporary reductions permitted by the Business License office for parking lot sales and for promotional entertainment events. When the number of required parking spaces results in a fraction of one -half or higher, the requirements shall be rounded up to the next whole number. Use Parking Spaces Required Architects /Engineers 4 spaces per 1,000 sq. ft. of gross floor area Day Care and/or preschool facilities 1 space per staff + 1 per 5 children or 1 per 10 children if adequate drop off area provided Downtown Mixed Use - Mixed -Use Residential 1.5 spaces per unit and 1 guest space for every 2 units. - Combined Uses Commercial uses are based upon this table. A 25% reduction will be applied to the project for all commercial uses due to the proximity to the Tight rail station. Emergency Shelters 2 spaces per 1,000 square feet of gross floor area. Fast Food without drive through 15 spaces per 1,000 sq. ft. of gross floor area Fast Food with drive through 10 spaces per 1,001 sq. ft. of gross floor area Financial Institutions including but 4 spaces per 1,000 sq. ft. of gross floor not limited to banks, savings and area loans, credit unions Health Clubs, Fitness Centers, Indoor 1 space per 100 sq. ft. of gross floor area Athletic Facilities and Exercise, in all workout areas 50 Dance /Gymnasium Studios up to 3,000 sq. ft. of gross floor area: Required parking spaces to be determined through an approved Greater than 3,000 square feet of Conditional Use Permit. gross floor area: Hotels /Motels 1 space per room plus the number of spaces required for ancillary uses such as restaurants, large meeting rooms, etc. Industrial, Manufacturing 3 spaces per 1,000 sq. ft. of gross floor area for projects less than 10,001 sq. ft. in area. 2 spaces per 1,000 sq. ft. of gross floor area for projects 10,001 sq. ft. in area or greater. Martial Arts Studios 1 space per 100 sq. ft. of instructional floor area Mixed Use - Mixed -Use Residential 1.5 spaces per unit and 1 guest space for every 2 units. - Combined Uses Commercial uses are based upon this table. A 25% reduction will be applied to the project for all commercial uses if the parking area is located within 1,320 feet (1/4 mile) of a light rail station. Offices, General 4 spaces per 1,000 sq. ft. of gross floor area Offices, Medical /Dental 6 spaces per 1,000 sq. ft. of gross floor area Optometrists and Opticians 5 spaces per 1,000 sq. ft. of gross floor area Public /Private Assembly buildings, 1 space per 5 permanent fixed seats; 1 churches, recreation community space per 35 sq. ft. of area w/ non -fixed buildings, private clubs seating; 1 space per 28 linear feet of bench area Psychologists, Psychiatrist and 4 spaces per 1,000 sq. ft. of gross floor Counseling offices area 51 Residential (Multiple - Family) 2 spaces per unit and 1 guest space per R -2 and R- 3 /R -3 -R every 2 units. Restaurants /Bars 10 spaces per 1,000 sq. ft. of gross floor area for restaurants /bars containing Tess than 5,001 sq. ft. of floor area 15 spaces per 1,000 sq. ft. of gross floor area for restaurants /bars containing 5,001 sq. ft. of floor area or greater Restaurants with bars and /or cocktail 20 spaces per 1,000 sq. ft. of gross floor lounges occupying more than 30% of area the total dining /bar area Regional Shopping Centers 4.75 per 1,000 sq. ft. of gross leasable area Senior Citizen affordable apartment 1 space per unit housing Senior Citizen assisted living facility 1.5 spaces per unit Senior Citizen Market rate housing 2 spaces per unit units Movie theater, performing arts center 1 space per 3 fixed seats Tutorial schools; learning centers; Facilities for children under high school Trade schools, Private schools age: 1 space per employee plus 1 space for every 5 students. Trade Schools /Private schools, Learning centers for students of high school age or older: 1 space per employee plus 1 space for every 3 students. Warehouses 2 spaces per 1,000 sq. ft. of gross floor area Other Permitted Uses, including but 5 spaces per 1,000 sq. ft. of gross floor not limited to retail, service uses, nail area and beauty salons, spas, adult entertainment A 25% reduction will be applied to the off- street parking requirement to any commercial use that is located within 1,320 feet (1/4 mile) of a light rail station. Land uses not specifically listed in the above chart shall provide parking as noted in "Other Permitted Uses" unless otherwise set forth in other sections of the Arcadia Municipal Code. 52 SECTION 89. Article IX, Chapter 2, Part 9, Division 2, Section 9292.2.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9292.2.2. CREATION. There is hereby created a procedure whereby certain modifications to Tots containing one single - family dwelling and accessory buildings in Zones R -M, R -O, R -1 and R -2 and certain modifications to dwelling units in all residential zones to accommodate the needs of persons with disabilities may be granted upon the joint approval of the Planning Services." SECTION 90. Article IX, Chapter 2, Part 9, Division 2, Section 9292.2.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9292.2.3 AUTHORITY. Administrative Modification as may be necessary to secure an appropriate improvement may be granted upon the approval of the Planning Division. The Planning Division shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Rear yard setbacks; 2. Distance between buildings; 3. Special setbacks; 4. Setbacks for mechanical and plumbing equipment; 5. Fence and wall heights along the side and rear property lines except along the street side of a corner lot; 6. Interior side yard setbacks for detached accessory structures (with the exception of guest houses /accessory living quarters) in the R -M, R -0, and R -1 zones; 53 7. Interior side yard setbacks for single -story additions to an existing dwelling in the R- M, R -0, and R -1 zones, where the portion of said addition(s) which does not comply with the setback requirements consists of a total of thirty (30) linear feet or Tess and maintain(s) the same or greater setback than the existing building walls; and provided, that a minimum interior side yard setback of three (3) feet in the R -1 and five (5) feet in the R -M and R -0 zones is maintained; 8. The rebuilding of single - family dwellings, provided that the new portion(s) of the project comply with current code requirements. 9. Setbacks, driveway and access standards, entry requirements, or any other residential development standard if found to be a reasonable accommodation for a person with a disability." SECTION 91. Article IX, Chapter 2, Part 7, Division 4, Section 9274.1.10 of the Arcadia Municipal Code is hereby amended to read as follows: "9274.1.10. SAME. Schools and school facilities." SECTION 92. Article IX, Chapter 2, Part 9, Division 2, Section 9292.1.4 of the Arcadia Municipal Code is hereby amended to read as follows: "9292.1.4. AUTHORITY. In order to secure an appropriate improvement, prevent unreasonable hardship or to promote uniformity of development, the Modification Committee shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Driveway and parking stall size requirements. 2. Apartment unit size. 3. Building length 4. Distance between buildings 5. Usable open space regulations 6. Fence, wall and hedge regulations 54 7. Fence regulations 8. Utility and storage space requirements 9. Swimming pool regulations 10. Height and noncommercial structures 11. Number of required parking spaces. 12. When the maximum number of units permitted in the R -2 and R -3 zones has a fractional remainder greater than one -half, the Modification Committee may allow the maximum number of units to be rounded off to the next highest whole number. 13. Front, side or rear yard setbacks, provided that a setback from a street shall be modified only with a written declaration of the Director of Public Works that the modification, if granted, will not adversely affect any foreseeable need for widening the street. 14. Side yard setbacks in the multiple family, commercial and industrial zones provided that a setback from a street shall be modified only with a written declaration from the Director of Public Works that the modification, if granted, will not adversely affect any foreseeable need for widening the street. 15. Interior side yard setbacks in the R -M, R -O and R -1 zones for single -story additions to an existing dwelling or accessory building where said addition(s) totals more than thirty (30) linear feet. 16. Street side yard setbacks for first floor additions to existing dwellings or for accessory buildings. 17. Alterations and /or expansion of nonconforming uses and structures. 18. Tennis and paddle tennis courts— Construction and operations standards. 19. Window openings, balconies, decks and open stairways under Sections 9261.2.5, 9262.2.5, 9263.2.6 and 9265.2.4 of the Arcadia Municipal Code. 55 20. Accessory Dwelling Units — Unit size. 21. Conversions of existing attic areas within main dwellings in the R -M, R -0 and R- 1 zones, provided that such requests do not involve any exterior alterations within the required setback area." SECTION 93. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.2.3. BUSINESS AND PROFESSIONAL OFFICES. Establishments where the administrative, clerical and managerial functions of a business or industry are conducted or where members of a profession conduct their practice (i.e., accounting, medical or engineering)." SECTION 94. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.4 of the Arcadia Municipal Code is hereby amended to read as follows: "Establishments primarily engaged in rendering services to business establishments including advertising and mailing, employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing; and personal supply services." SECTION 95. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.2.5. CONSUMER SERVICES. Establishments primarily engaged in rendering services shall be allowed in the CBD zone as follows: 1. Barber, beauty, tanning and nail shops; 2. Dry cleaning shop; 3. Equipment rental and leasing; 56 4. Electronic repair shop; 5. Furniture rental stores; 6. Hardware rental stores; 7. Interior design store /showroom that does not have on -site retail; 8. Locksmith shops; 9. Music rental and lesson stores; 10. Mailing services, including post office box rentals and courier shipping; 11. Photography studios; 12. Shoe repair; 13. Tailor, dressmaking shops; 14. Video rental /sales; 15. Any other use deemed by the Planning Commission to be considered "consumer services." SECTION 96. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.6 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.2.6. RETAIL USES. Retail stores or businesses under ten thousand (10,000) square feet of gross floor area not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business may be conducted on the premises and provided that windows facing the public street shall have merchandise visible to passing pedestrians. 1. Antique stores: seventy -five percent (75 %) of merchandise must be over one hundred (100) years old; 2. Appliance stores; 57 20. Accessory Dwelling Units — Unit size. 21. Conversions of existing attic areas within main dwellings in the R -M, R -O and R- 1 zones, provided that such requests do not involve any exterior alterations within the required setback area." SECTION 93. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.2.3. BUSINESS AND PROFESSIONAL OFFICES. Establishments where the administrative, clerical and managerial functions of a business or industry are conducted or where members of a profession conduct their practice (i.e., accounting, medical or engineering)." SECTION 94. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.4 of the Arcadia Municipal Code is hereby amended to read as follows: "Establishments primarily engaged in rendering services to business establishments including advertising and mailing, employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing; and personal supply services." SECTION 95. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.2.5. CONSUMER SERVICES. Establishments primarily engaged in rendering services shall be allowed in the CBD zone as follows: 1. Barber, beauty, tanning and nail shops; 2. Dry cleaning shop; 3. Equipment rental and leasing; 56 4. Electronic repair shop; 5. Furniture rental stores; 6. Hardware rental stores; 7. Interior design store /showroom that does not have on -site retail; 8. Locksmith shops; 9. Music rental and lesson stores; 10. Mailing services, including post office box rentals and courier shipping; 11. Photography studios; 12. Shoe repair; 13. Tailor, dressmaking shops; 14. Video rental /sales; 15. Any other use deemed by the Planning Commission to be considered "consumer services." SECTION 96. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.6 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.2.6. RETAIL USES. Retail stores or businesses under ten thousand (10,000) square feet of gross floor area not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business may be conducted on the premises and provided that windows facing the public street shall have merchandise visible to passing pedestrians. 1. Antique stores: seventy -five percent (75 %) of merchandise must be over one hundred (100) years old; 2. Appliance stores; 57 3. Art galleries; 4. Bakeries, ice cream stores or confectionery stores employing less than five (5) persons; 5. Bicycle shops; 6. Book or stationery stores; 7. Camera shop; 8. Clothing or wearing apparel shops (new merchandise only); 9. Consignment clothing stores; 10. Copy centers (not including commercial off -set printers); 11. Delicatessen shops; 12. Department stores; 13. Drug stores; 14. Floor covering /drapery stores; 15. Florist shops; 16. Furniture sales; 17. Hardware sales; 18. Interior decorating stores; 19. Jewelry stores; 20. Kitchen and bath cabinets /fixtures; 21. Lighting fixture stores; 22. Music stores, instrument sales; 23. Paint and wallpaper stores; 24. Pet shops; 58 25. Photography stores; 26. Picture frame stores; 27. Radio and television stores and incidental repair services; 28. Records, audio and videotape and other products, including sales, rentals and incidental repair; 29. Saddlery shops; 30. Sporting goods stores; 31. Tobacconist/cigar shops; 32. Toy shops; 33. Trophy shops; 34. Typewriter and computer product sales, rentals and incidental services. SECTION 97. Section 9264.2.7 of Chapter 2, Part 6, Division 4 of Article IX is hereby deleted in its entirety. SECTION 98. Article IX, Chapter 2, Part 6, Division 4, Section 9264.3.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.3.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed a maximum building height of forty -five (45') feet or four (4) stories, not including mechanical equipment and screening devices. An additional height bonus may be considered by the City of up to six (6) stories with a maximum of sixty -five (65) feet through the approval of a conditional use permit for the provision of one or more of the following: 1. Additional shared parking facilities; 2. Residential units above the ground floor; 59 3. Day care and nursery facilities; 4. Enhanced pedestrian areas, plazas, landscaping, public art, and water features; 5. Outdoor cafes /restaurants; and /or 6. Traffic demand management facilities (i.e., carpool /vanpool parking, transit facilities, enhanced linkages to off -site transit facilities)." SECTION 99. Section 9264.3.16 is hereby added to Article IX, Chapter 2, Part 6, Division 4, of the Arcadia Municipal Code to read as follows: "9264. 3.16 DOWNTOWN OVERLAY ZONE The Downtown Overlay Zone is the extension of the Downtown focus area north and west of Santa Anita Avenue, Huntington Drive, and the northeast side of Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building height of forty -five (45') feet or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the City's Official Zoning Map." SECTION 100. Article IX, Chapter 2, Part 7, Division 8, Section 9278.1 of the Arcadia Municipal Code is hereby amended to read as follows: "Division 8 — Open Space Zone 9278.1. Purpose. The purpose of the Open Space Overlay Zone is to provide for the preservation, conservation and utilization of open space lands and natural resources so as to maintain and enhance the quality of the environment." SECTION 101. Article IX, Chapter 2, Part 7, Division 8, Section 9278.2 of the Arcadia Municipal Code is hereby deleted in its entirety. 60 SECTION 102. Article IX, Chapter 2, Part 7, Division 8, Section 9278.3 of the Arcadia Municipal Code is hereby deleted in its entirety. SECTION 103. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31 day after its adoption. Passed, approved and adopted this day of , 2010. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ScItet.0 P 4 Stephen P. Deitsch City Attorney 61 ORDINANCE NO. 2274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CERTIFYING THE 2010 ZONING MAP AS THE OFFICIAL ZONING MAP OF THE CITY OF ARCADIA WHEREAS, on November 16, 2010, the City Council adopted Resolution No. 6715, certifying the Final Environmental Impact Report, adopting Environmental Findings Pursuant to the California Environmental Quality Act, Adopting a Mitigation Monitoring and Reporting Program, Adopting a Statement of Overriding Considerations, and Adopting the Proposed General Plan Update; and WHEREAS, a new official zoning map has been prepared which accurately incorporates all of the previously approved zoning map amendments as well as the proposed amendments to achieve consistency with the General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Official Zoning Map referenced in Article IX, Division and Use of Land, Chapter 2, Part 3, Division 2 and Division 3, is replaced in its entirety by a new official zoning map as attached hereto. SECTION 2. All resolutions and ordinances of the Arcadia Municipal Code and parts thereof in conflict herewith are hereby repealed. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31 day after its adoption. 1 Passed, approved and adopted this day of , 2010. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: S P 4arod Stephen P. Deitsch City Attorney 2 ■ it 1 h ! ' I ' d ! I i i 1 i J i1 J ii i 1 Ii J � RI # 2' § 8 i ��r . J i j I / I ov -; . , 1 iiiiiiilivi,11111!_11:1°1 . 0 i 1 .' 'I CI S ut� // � 1 ,/ � W I � � �010� ~� Ilu IIlls II � ��� ` J �.. 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Ems ' I o ° .� , ,, „ a3 ,,, � 11 .1111111; 1111111114 1 1'71■• V ir iig IwewepwMbd Aw�.u! 1. IfH 1.7.* o ° °,,Y °4't° STAFF REPORT Development Services Department DATE: November 16, 2010 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Directo - Lisa L. Flores, Senior Planner SUBJECT: GENERAL PLAN UPDATE (GPA 10 -02), ENVIRONMENTAL IMPACT REPORT (SCH #2009081034), PROPOSED ZONING CODE AMENDMENTS (TA 10 -01 AND TA 10 -02), AND NEW ZONING MAP FOR THE CITY OF ARCADIA (ZC 10 -01). Recommendation: Certification of Final Environmental Impact Report and Approval of General Plan Update SUMMARY The Project is a comprehensive update of the City of Arcadia General Plan, which serves as a long -range policy document that guides the development of the City. The General Plan Update began in April of 2008. The project has progressed through many phases over the past two and half years, including: • Public outreach and community workshops; • Development of Guiding Principles; • Selection and examination of Land Uses and Development of the Land Use Plan Focus Areas; • Approval from HCD of the Draft Housing Element; • Development of the General Plan goals, policies, objectives, and actions; and • Circulation and review of the Environmental Impact Report. The proposed General Plan has been shaped by input from the public through multiple workshops and hearings held by both the Planning Commission and City Council at each step along the way. The General Plan Advisory Committee (GPAC) held nine meetings to discuss and recommend policies and focus areas for the Plan. Most recently, the Planning Commission held a public workshop on the proposed zoning code amendments and both the Planning Commission and City Council each held two (2) study sessions to familiarize themselves with the Plan. This process has culminated in the completed General Plan, Final Environmental Impact Report (EIR), and updates to the Zoning Ordinance and Zoning Map. The proposed General Plan contains eight Elements. Seven elements are required by State law: Land Use, Housing, Transportation, Open Space, Conservation (or Resource Sustainability), Safety, and Noise. The eighth element, Economic Development, is an optional element that addresses issues important to Arcadia. To meet the requirements of the California Environmental Quality Act (CEQA) a Final Environmental Impact Report (FEIR) has been prepared for the proposed Project (State Clearinghouse #2009081034). The Development Services Department is recommending approval of the above documents and certification of the FEIR, with its the project requirements and mitigations outlined in the Mitigation Monitoring and Reporting Program (MMRP), and the Statement of Overriding Considerations (SOC) set forth in Section 5 of the staff report. A resolution and three ordinances are included within Section 7 that reflect approval. The Planning Commission held a public hearing on the project on October 26, 2010 and voted 5 -0 to recommend approval of all documents. In order to facilitate review of the Project, the staff report has been organized into the following sections and exhibits: Section 1: Background and Public Outreach Process Section 2: General Plan Update Section 3: Proposed Zoning Code Amendments Section 4: Environmental Analysis Section 5: Statement of Overriding Considerations Section 6: City Council Recommended Action Section 7: Resolutions and Ordinances Attachments Exhibit Al: Matrix of Proposed Changes to the initial Draft General Plan Update Exhibit A2: Revised Buildout Tables for the Land Use and Community Design Element Exhibit A3: Revised graphics for Downtown Arcadia and Noise Element Exhibit A4: Matrix of Proposed Changes from the Planning Commission Hearing of October 26, 2010, additional staff edits, and the City Council Study Session on October 27, 2010 Exhibit B1: Redlined text showing Code changes from Text Amendment No. 10 -01 (New zoning designations within the regulations to the Zoning Ordinance) Exhibit B2: Redlined text showing Code changes from Text Amendment No. 10 -02 (Amending existing zoning code regulations) Exhibit C: Proposed Official Zoning Map Exhibit D: Correspondence Note: The Draft General Plan and Final Environmental Impact Report were previously distributed. Please bring these documents to the public hearing. The blue folder that held the original draft of the Text Amendments can be discarded. The attached Exhibit B provides the final redlined text of the Text Amendments. General Plan Update November 16, 2010 Page 2 SECTION 1 BACKGROUND AND PUBLIC OUTREACH PROCESS BACKGROUND The Planning staff has been working with Hogle- Ireland, Inc. (General Plan Consultant) over the past 2 -plus years to prepare the General Plan Update document and Program Environmental Impact Report (PEIR). This long -range policy document will guide the City's development over the next 25 years. The City's existing General Plan was last updated in 1996 and the Housing Element was updated in 2001. Since the last update, several State and regional issues have emerged and have been addressed in the proposed update. There have been State mandates required of local agencies that need to be addressed in General Plans in response to issues such as increased greenhouse gases and regional transportation plans. This update was also an opportunity to engage the community on what goals and vision they have for the City. Each of the components of the project is briefly described below: A. New General Plan (GPA 10 -02) The Project is a comprehensive update to the Arcadia General Plan, which serves as a Tong -range policy document that guides the development of the City, and establishes goals, policies, and programs for Tong -term physical development, quality of life, and public safety in the community. The horizon year for the General Plan is 2035. The Project area consists of the city limits and properties within the City's Sphere of Influence. Section 2 of this Staff Report provides details on the Update, and Exhibit `A' includes a matrix of proposed changes to the initial Draft General Plan Update based on comments from the public, City staff, and other agencies as well as other edits and modifications since the original publication of the Draft General Plan. B. Proposed Zoning Code Amendments (TA 10 -01 and TA 10 -02) The proposed zoning code amendments are to enact the recommendations within the draft General Plan. The proposed amendments are presented in Exhibit 'B' in redline form for ease of review. In addition, Section 3 of this staff report explains the proposed zoning code amendments. In summary, the proposed changes are as follows: • Establishing a new Downtown Mixed Use Zone around the planned Gold Line Station. • Applying a new Mixed Use Zone along East Live Oak Avenue and along South First Avenue. • Accommodating New State - mandated Housing Types: Accessory Dwelling Units in Single - Family zones, Emergency Shelters, Residential Care Facilities, Supportive Housing, and Transitional Housing. General Plan Update November 16, 2010 Page 3 • Revising the R -3 regulations: Removing the unit size requirement, allowing a maximum density of 30 units per acre, amending parking and driveway regulations, and adjusting required setbacks. • Regulations for a new Restricted Multi - Family Zone for the apartments on the west side of South Baldwin Avenue across from the Westfield mall. • Revisions to the Commercial- Manufacturing zone • Revisions to the Density Bonus Ordinance for Multiple - Family projects. • Revisions to the off - street parking requirements for commercial uses. C. Environmental Impact Report (EIR) Certification (SCH #2009081034) A Draft EIR was prepared for the City of Arcadia to assess potential environmental impacts of the General Plan Update and was made available and circulated for public review and comment pursuant to the provisions of the California Environmental Quality Act (CEQA). The EIR also examined environmental impacts for alternatives to the project as required by State law. Section 4 of this staff report explains the Final EIR, which includes Responses to Comments, Mitigation Monitoring and Reporting Program, Errata, Findings of Fact, and a Statement of Overriding Considerations, which has been prepared to assess the potential environmental consequences of adoption and implementation of the Proposed General Plan. D. New Zoning Map (Zone Change No. ZC 10 -01) The Land Use Element of the General Plan Update includes a map showing land use designations for all parcels of land within the City. Per State law, the City's zoning is encouraged to be consistent with the General Plan. The proposed new Official Zoning Map will bring the City's zoning into consistency with the Land Use Element of the General Plan. The new Zoning Map is included as Exhibit 'C' PUBLIC OUTREACH The process has involved several levels of community outreach and public participation. The public outreach consisted of Stakeholder Interviews, the formation of a General Plan Advisory Committee (GPAC); six (6) community workshops; the creation of a General Plan website (www.ArcadiaGeneralPlan.com); and periodic newsletters and articles in local newspapers, on the radio, and on a community interest website. This comprehensive approach in obtaining direct public input into the General Plan Update process ensures that multiple avenues were explored and employed to gain substantive input from the community during the entire General Plan Update process. Since the initial General Plan kick -off workshop in May 2008, the following workshops, meeting, and milestones have been completed. Summaries and minutes from all these meetings are available on the General Plan website and can be provided upon request. Each of the public outreach components of the General Plan are described below: 1) May — June 2008, Stakeholder Interviews were conducted with the City Council, Planning Commissioners, community leaders, homeowners association representatives, members of the business community, hospital officials, school General Plan Update November 16, 2010 Page 4 district officials, and the City executive staff to receive ideas for Arcadia's future and to identify possible approaches to meeting anticipated challenges. 2) May 2008, launch of the General Plan website, 'www.ArcadiaGeneralPlan.com.' 3) May 31, 2008, Community Workshop #1, the City held its first community workshop on Saturday, May 31, 2008 at the Police Department Open House and Safety Fair. The City and General Plan consultant introduced the General Plan program to Arcadia residents and gathered input from participants on potential General Plan issues and on an overall vision for Arcadia's future. There were 6 stations for the public to review and comment on various aspects of the General Plan Update: • General Plan Information • Land Use (Live Oak in year 2025 and Downtown and Beyond) • Housing • Sustainability • Traffic and Mobility • Neighborhood Issues The event was well attended and staff received great feedback from over 150 residents that participated in the workshop. 4) July 31, 2008, GPAC Meeting #1, the GPAC convened for the first of a series of meetings. The purpose of the GPAC was to provide the City's decision - makers, City staff, and the General Plan consulting team with local insight and knowledge. The GPAC members are Arcadia residents and representatives of diverse organizations and affiliations such as homeowner associations, the Arcadia Chinese Association, Arcadia Wins, Arcadia First, City Commissioners, and local real estate and development professionals. At this first meeting, the GPAC discussed potential areas in the City where change could occur. 5) September 25, 2008, GPAC Meeting #2, discussed and developed the Guiding Principles for the General Plan. 6) October 11, 2008, Downtown Workshop #2, more than 35 people gathered in the Arcadia Women's Club to discuss and plan the future of the City's Downtown. The workshop consisted of a slide presentation followed by a moderated public comment session. In order to focus discussion of the various issues affecting Downtown, the General Plan team divided Downtown into four areas: 1) The future Gold Line Station and surrounding properties 2) First Avenue and Huntington Drive 3) Santa Anita Avenue 4) The Industrial -Zoned Area 7) November 20, 2008, GPAC Meeting #3, the objective of the meeting was to finalize the edits to the Guiding Principles, review the results of the Downtown Workshop, and present information to the GPAC to help guide future discussions on the General Plan Update. General Plan Update November 16, 2010 Page 5 8) January 29, 2009 and February 5, 2009, GPAC Meetings #4 and #5, the objective of the meetings was to introduce the proposed land use designations and to review land use alternatives for the General Plan Study Areas. 9) February 24, 2009, a Joint Planning Commission /City Council Study Session was held to receive concrete recommendations on land uses for each of the focus areas before Staff proceeded with the Land Use Plan. The City Council and Planning Commission agreed with the vision for a number of the study areas, but felt that the recommendations for mixed -use development were too aggressive and represented too much potential change. 10) May 12, 2009, Planning Commission Study Session, in response to the direction established by the City Council and Planning Commission, the purpose of this study session was to review the proposed revisions to limit the mixed use designations in the Downtown and Live Oak Corridor; and revise the land use alternatives for four areas: 1) Foothill Boulevard; 2) Downtown; 3) Duarte Road /First Avenue; and 4) Baldwin Avenue /Duarte Road. The Planning Commission also reviewed the Guiding Principles and build -out assumptions for the Land Use section of the Plan. The Commission agreed with the revisions made to the land use concept and they felt the concept is appropriate and in -line with the goals and objectives of the City's long term vision. 11) May 21, 2009, GPAC Meeting #7, the GPAC met to refine and finalize the recommendations, review Economic Pro Formas, and each GPAC member presented two or three policies they would like included in the General Plan. 12) June 9, 2009, Planning Commission Meeting, the Commission voted 5 -0 to forward the revised land use concepts to the City Council. 13) July 7, 2009, City Council Study Session to review the proposed land use concept. A presentation was provided that outlined the recommendations from the GPAC and the Planning Commission. Issues related to protection of single - family neighborhoods, residential density, location of new housing units, and the requirements established by the State of California through the Regional Housing Needs Allocation (RHNA) were discussed. The Council continued the study session to the July 21 meeting to further discuss this important matter as well as to complete the presentation from Staff related to planning and land use in the Downtown area and along Live Oak Avenue. In addition, the Council asked that additional information be brought back by Staff as to how density determined and additional details on the State's requirements. 14) July 21, 2009, continued City Council Study Session, the Council reviewed the additional information regarding the recommendation to change the residential density in the City's existing R -3 zones from 24 units an acre to 30 units per acre; the State's requirements, and the build -out assumption. The Council unanimously agreed to change the Downtown Mixed Use concept to require commercial uses on the ground floor; permit only commercial uses along the Santa Anita Corridor; and reduce the FAR from 2.0 to 1.0 and the potential building height from 60' to 45'; this includes the properties along Colorado Place. General Plan Update November 16, 2010 Page 6 15) July 30, 2009, GPAC Meeting #8, the objective of the meeting was to discuss: 1) Sustainability and Green Initiatives; 2) What are we doing now (presentation by Arcadia Public Works); 3) What are other neighboring cities doing; and 4) Policies the GPAC want in the General Plan related to Sustainability 16) August 4, 2009, General Plan Business Workshop #3, a special workshop to discuss the Arcadia General Plan and get thoughts and ideas from the business community. This workshop was sponsored by the City and Arcadia Chamber of Commerce. 17) August 27, 2009, EIR Scoping Meeting, a workshop to inform the public of the proposed project and the City's intent to complete an Environmental Impact Report (EIR), present an overview of the Environmental Review process, raise potential environmental issues that should be examined in the EIR, and obtain public comments. 18) November 4, 2009, GPAC review of the Draft General Plan, the draft Elements were divided into two packets to make the workload and review process more manageable. The first packet included: Introduction to the General Plan, Table of Contents, the Resource Sustainability Element, the Parks and Recreation & Community Resources Element, and the Safety Element. 19) November 16, 2009, GPAC review of the Draft General Plan, the second packet was distributed to the GPAC which included: Land Use & Community Design, Circulation & Infrastructure, Noise, Economic Development, and the Glossary. The GPAC elected to have a single meeting at the end of the process to review the entire Draft General Plan on December 10, 2009. 20) December 10, 2009, GPAC Meeting #9, discussed the GPAC comments on the Draft General Plan. 21) January 26, 2010, Planning Commission Study Session to provide the Commission with an update on the Housing Element portion of the General Plan and to forward any recommendations and /or suggestions to the City Council. 22) February 16, 2010, City Council Study Session to provide the Council with an update on the Housing Element portion of the General Plan. 23) April 22, 2010, GPAC Meeting #10 to discuss the release date of the Draft General Plan to the public, the GPAC's role, and public outreach efforts. 24) April 28, 2010, the Draft General Plan was released for public review. The document was made available on the General Plan website, at City Hall ,and at the City's Library. 25) In May and June, City staff went through an extensive marketing and outreach process to introduce the Draft General Plan that included: • A two -page mailer sent with the Water Bill along with the Arcadia "Hot Sheet ", General Plan Update November 16, 2010 Page 7 • A six -page informational brochure mailed to residents and provided at all public workshops, • Articles in the City Newsletter, Pasadena Star News, Arcadia Weekly, and coverage of all activities on the City website, • Attendance and presentations at the following meetings: 1. Arcadia's Firefighters' Annual Pancake Breakfast (May 1) 2. Chamber of Commerce Government Affairs and Forum (May 6) 3. Arcadia Chinese Association (May 19) 4. Chamber of Commerce Board of Directors (May 27) 5. Real Estate Professionals Meeting (May 27) 6. Property Owners of the Downtown Area (June 1) 7. Community Workshop #4 (June 3) 8. Community Workshop #5 (June 23) 9. Arcadia Association of Realtors (June 30) 26) July 19, 2010, the Notice of Availability (NOA) was released to inform the public and governmental agencies that the Draft Program EIR was available for public review and comment. The 45 -day public review period ended September 1, 2010. 27) September 14, 2010, Department of Housing and Community Development determined that the Draft Housing Element complies with State Housing Element law and that the document can be certified after the General Plan is adopted locally. 28) September 14, 2010, Planning Commission Public Meeting to discuss proposed Text Amendments to the Arcadia Municipal Code. 29) September 28, 2010, Planning Commission Study Session #1 on all General Plan materials. 30) October 5, 2010, City Council Study Session #1 on all General Plan materials. 31) October 12, 2010, Planning Commission Study Session #2 on all General Plan materials. 32) October 26, 2010, Planning Commission Public Hearing on all General Plan materials. Project recommended for approval on 5 -0 vote. 33) October 27, 2010, City Council Study Session #2 on all General Plan materials. The aforementioned workshops and meetings clearly indicate that our public outreach efforts were a very important and successful component of the General Plan Update. Staff believes the General Plan Update successfully focuses on creating a more vibrant Downtown around the planned Gold Line Station, will revitalize aging commercial areas, allow for modest density increases in multi - family residential neighborhoods, accommodate alternative travel modes, and maintain the City's infrastructure and community facilities. Most importantly the Plan seeks to connect the goals with today's Arcadians to ensure that the community's priorities are addressed. General Plan Update November 16, 2010 Page 8 SECTION 2 GENERAL PLAN UPDATE The General Plan is a long range planning document that serves as a blueprint for the physical development of the community for decision - makers and the public. The goal and purpose of the General Plan is to present the vision for Arcadia and give guidance for to its implementation. The Plan accomplishes this through a series of policies and implementation actions that are applied to both public and private development projects and decision making. Within the Sphere of Influence where the City does not have development authority, the General Plan seeks to guide the appropriate decision making bodies to reinforce our City's vision. By State law, a General Plan must be comprised of seven mandatory elements: land use, circulation, open space, conservation, safety, noise, and housing. Cities may include optional elements in their General Plan to cover additional topics relevant to their community. The Arcadia General Plan consists of an introduction, eight elements, and implementation plan, as listed below: 1) Introduction 2) Land Use and Community Design Element 3) Economic Development Element 4) Circulation and Infrastructure Element 5) Housing Element 6) Resource Sustainability Element 7) Parks, Recreation, and Community Resources Element 8) Safety Element 9) Noise Element 10) Implementation Plan LAND USE DESIGNATIONS The proposed land use designation changes will occur within five focus areas: 1) Downtown Arcadia; 2) First Avenue and Duarte Road; 3) Live Oak Avenue; 4) Lower Azusa Road Reclamation Area; and 5) High Density Residential Land Use Designations. The changes are discussed later in this Section. These study areas were identified as areas of transition or stagnation, and in need of revitalization and improvement. Identification of these focus areas arose from extensive analyses and discussion conducted with the GPAC, and were subsequently confirmed by the Planning Commission and City Council. For the focus areas, the GPAC, City leaders, staff, and the community developed strategies to: • Achieve more efficient or productive use of land resources; • Encourage uses that would benefit the City through increased revenue; employment, and /or housing opportunities; • Incentivize innovative mixed -use projects; • Enhance commercial corridors; and • Establish a vision for future land uses on properties that will experience a significant transition, such as the Lower Azusa reclamation area. General Plan Update November 16, 2010 Page 9 With regard to new land use designations, there are five new designations proposed: A new hybrid Commercial /Industrial designation, a Downtown Mixed Use designation, Mixed Use designation, an Open Space- Outdoor Recreation, and an Open Space- Resource Protection designation. The designations can be reviewed on the General Plan Land Use Map. The two mixed -use land use designations will accommodate commercial and residential mixed -use developments that are intended to provide for more intense, development surrounding the planned Gold Line Station and along Live Oak Avenue to create complete, compact, walkable neighborhoods that encourage transit use. The two new open space land use designations are designed to differentiate between active and passive recreational activity areas, and areas with unusual environmental conditions such as earthquake fault zones, steep slopes, flood zones, fire areas, and areas required for the protection of water quality. ELEMENTS AND IMPLEMENTATION PLAN The following is a summary of each of the Elements of the Draft General Plan, and the Implementation Plan. 1. Land Use and Community Design Element — includes new goals and policies on preserving Arcadia's status as a Community of Homes, citywide design principles that create identifiable places, improving the public and private realm, and encouraging public art. The Plan also focuses on very specific areas where change is desired to diversify housing and businesses, and to take advantage of benefits the Gold Line station will bring. Planning for the Gold Line was the most popular topic at many of the public meetings and will continue to be important as the City moves forward with plans for the Downtown area. Revised conceptual design plans for Downtown Arcadia are included in this Element and are attached within Exhibit 'A'. The plans illustrate pedestrian access and open spaces that integrate the Gold Line Station with mixed use and commercial areas through a system of pedestrian ways and plazas. These diagrams identify possibilities to guide development decisions for the area. 2. Economic Development Element (Optional Element) — addresses economic development, redevelopment, and the importance of fiscal balance between revenue and public services. The policies focus on creating a strong commercial and industrial economic base, continued revitalization of public infrastructure and private properties with development potential within the redevelopment project area, and attracting businesses and economic opportunities into the City. 3. Circulation and Infrastructure Element - the circulation component of this Element addresses an integrated circulation system that will meet the current and future needs of Arcadia residents, businesses, and visitors; a new Bicycle Map; and measures to address neighborhood traffic issues. The Element also includes new goals and policies to enhance local and regional transit service, limit cut - through traffic in residential neighborhoods, create an integrated bicycle and pedestrian General Plan Update November 16, 2010 Page 10 network, reduce and improve auto traffic around schools, and support diverse parking needs. As for utilities infrastructure, the Element addresses necessary urban services to residences, business, and institutions. The goals and policies focus on maintaining infrastructure capacity to meet the current and future local needs and to meet new service demands and needs for enhanced infrastructure for infill development. 4. Housing Element — addresses issues, goals, and policies related to providing housing opportunities for people of all needs and income levels. Unlike the other elements, State law sets forth very specific regulations regarding the content of the Housing Element. Because the Housing Element is the main vehicle for establishing and updating housing and land -use strategies to reflect the changing residential needs, resources, and conditions of the community, the law requires that the Housing Element be updated every five years. There was a great deal of discussion related to density and housing in Arcadia. It was determined that increasing density in the R -3 zone and allowing housing in a mixed use format in selected areas (Downtown and Live Oak) was the best way to "activate" those areas and meet statewide housing requirements while at the same time protecting single - family neighborhoods and lower density areas. The State Department of Housing and Community Development (HCD) requires that all Draft Housing Elements be submitted for review prior to adoption by the local jurisdiction. On September 14, 2010, the Department of Housing and Community Development determined that the Draft Housing Element complies with State Housing Element law and that the Element can be certified after the General Plan is adopted. 5. Resource Sustainability Element — considers the effects of land use and development on natural resources, and specifically addresses air quality, water quality and water resource conservation, energy conservation, waste management and recycling, mineral resources, and the management of hillside areas. 6. Parks, Recreation, and Community Resources Element — addresses open space lands used for active recreation and enjoyment of nature (parks), recreation programs, and the broad range of community, cultural, and educational resources and services that Arcadia offers. The Element discusses "Park Classifications" not currently in the existing General Plan. The classifications identify all the local parks and open space facilities based on type and are coordinated with a key map. The Element also includes goals and policies to innovatively use space for parks and recreation activities since there is virtually no land available for future parks; and to protect the urban forest. As for the Community Resource component of this Element, the goals and policies focus on continuing to maintain the existing community events, activities, and programs within the City, and to develop and promote new ones to meet the changing needs and demands of Arcadians. There are goals and policies to promote quality educational facilities and programs for residents of all ages and General Plan Update November 16, 2010 Page 11 backgrounds, and to support a library system that continues to provide a superior level of educational, informational, and cultural services to the community. 7. Safety Element — is concerned with identifying and avoiding or mitigating hazards present in the environment that may adversely affect property and lives. Keeping Arcadia safe is a theme addressed throughout the General Plan. 8. Noise Element — identifies significant sources of noise in Arcadia and establishes policies and programs to protect people from excessive noise exposure. The Element also provides a discussion of the anticipated future noise conditions from the Gold Line light rail. 8. Implementation Plan — The Implementation Plan provides guidance to elected City officials, Commissions and Committees, staff, and the public in developing programs and actions that will achieve the goals and policies of the adopted General Plan. Each implementation measure is a procedure, program, or technique that requires City action, either on its own or in collaboration with non -City organizations or county, state, and federal agencies. Build -out Table The build -out tables, which are found in the Land Use and Community Design Element and are attached within Exhibit A, estimate that all properties subject to a General Plan change will develop at 80% of allowed density and intensity. The tables summarize the land use distribution, expected level of development anticipated within each study area and city wide, and the resulting residential and nonresidential outcomes that would be expected as a result of full implementation of the land use concept. The build -out capacity was estimated at 80% because it is a realistic "worst case" scenario since many areas of the City are developed at 65 -75% of the maximum currently allowed. Estimating the build -out capacity at 100% is unrealistic because most properties cannot be developed to the maximum permitted intensities and densities due to required development standards such as parking, setbacks, and lot coverage. The proposed land use concept would create a capacity of 2,554 additional dwelling units and an estimated 6,968 additional residents. This estimate is in line with SCAG population growth estimates for Arcadia. Approximately 78% of the new units would be located within existing high density residential (R -3) areas. The change to the R -3 areas will not be significant in appearance or character since a density of 30 units per acre is already in place in many of the existing high density areas. Additional Modifications and Public Correspondence All elements of the Draft General Plan Update were reviewed by staff and the GPAC and comments /corrections were addressed in the Draft document that was released to the public and provided to the Planning Commission and City Council. Since the release of the Draft General Plan, Staff received recommended changes from the public that should be incorporated into the document that was previously provided to the Commission on September 28, 2010. Exhibit 'Al' is a matrix titled Proposed Changes to the Draft General Plan, that has two sections: 1) proposed changes (or reasons for not making a requested change) in response to comments raised by the public during the public review General Plan Update November 16, 2010 Page 12 process, and 2) changes identified by Planning staff to reflect changed circumstances since publication of the Draft General Plan and /or in response to comments made by public agencies during the review period. The remainder of Exhibit 'A' includes additional corrections, replacement pages, and errata raised since the original matrix was produced and as a result of the Planning Commission public hearing and the City Council Study Session on October 27, 2010. The City Council is asked to adopt these changes as part of the decision on the General Plan. Letters received from the public since the publication of the Final EIR and Draft General Plan are also attached as Exhibit 'D'. General Plan Update November 16, 2010 Page 13 SECTION 3 PROPOSED ZONING CODE AMENDMENTS The proposed Zoning Code Amendments are necessary to enact the recommendations within the General Plan and address new local and State regulations and standards as required by State law. In an effort to streamline and simplify the process, the City will bring forward the amendments at the same time as the General Plan and EIR. The proposed Zoning Code Amendments are organized into two sections: 1. New zoning designations /regulations being added to the Zoning Ordinance (TA 10 -01) 2. Amendments to existing zoning designations /regulations within the Zoning Ordinance (TA 10 -02) With regard to new zoning designations, the two mixed -use zones, along with a Downtown Overlay Zone, will provide specific development standards to activate the downtown area around the light -rail station, the existing mixed use area along South First Avenue, and the Live Oak Avenue corridor. These designations were the topic of much of the discussion with the Commission and Council last summer and have been the topic of many positive comments from landowners and residents through the public outreach process of the General Plan Update. There is a great deal of interest in attempting to revitalize both the Downtown area and the Live Oak corridor and these designations are viewed as an effective method to achieve this. The Downtown Overlay Zone is an extension of the Downtown focus area north and along Santa Anita Avenue, and west along Huntington Drive and Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building height of forty -five feet (45') or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the proposed Official Zoning Map (refer to Exhibit C). The table below highlights some of the key recommendations for the mixed -use zones: Development Existing Downtown Mixed- Mixed -Use Standard Use Residential /Density 24 du/acre* 50 du /acre 30 du /acre Residential Parking 2 spaces /unit; 1 1.5 spaces /unit; 1 1.5 spaces /unit; 1 guest space /unit guest space /2 units guest space /2 units Commercial Parking Per Code based on Per Code based on Per Code based on land use land use with a land use; 25% reduction. commercial use 25% reduction if within % mile of the light rail station General Plan Update November 16, 2010 Page 14 Development Existing Downtown Mixed- Mixed -Use Standard Use Setbacks None, except when Same Same abutting residential zones FAR 0.5 for commercial 1.0 for commercial 1.0 for commercial Height 40' and 3 stories 45' ** and 4 stories 40' and 3 stories * "du" refers to dwelling units ** Proposal to move this to 48 -50 feet to accommodate a true 4 story. In the case of the multi - family parcels on Baldwin Avenue, the new Restricted R -3 zone will codify the existing one -story building height and other restrictions for future development of these parcels. These parcels were developed under Variances many years ago that restricted height and other standards to protect the single - family development to the rear of these properties. However, the zoning of these parcels was left as R -1 or single - family, which is inconsistent with the existing General Plan Land Use Designation of Multi- family. The existing restrictions will simply be carried over into the regulations of the new zoning designation. Amendments or modifications to existing zoning designations include the Lower Azusa Reclamation Area (also known as the "Rodeffer Pit "). The proposal for the Reclamation Area is to change the zoning from Industrial only to a mix of Commercial /Industrial uses utilizing a modified Commercial Manufacturing zone. This will provide more flexibility in the types of land uses that can be located on this site in the future once it ceases to be a Reclamation area. This in no way changes the process of review or approval of projects in this area. A Conditional Use Permit will still be required for any proposals in this area. With regard to housing - related changes, staff conducted study sessions with the Commission and Council earlier in the year to go through the proposed amendments. There have been no changes since that time; this is simply the codification of those amendments. It is important to note that the majority of the housing - related changes stem from requirements of the State Department of Housing and Community Development. The following is a summary of the proposed changes: 1. Eliminate minimum multi - family dwelling unit sizes. Currently, minimum square - footages are required for apartment and condominium units. This is counter- productive to the goal of increasing density in the areas that are best equipped to handle it. 2. Modify the regulations for accessory dwelling units (guest houses) in accordance with State law. 3. Change the minimum R -3 (high density residential) density from 24 du /acre to 30 du /acre. 4. Adopt state - required standards for specific types of housing and density bonus allowances for affordable housing. General Plan Update November 16, 2010 Page 15 To further elaborate on item #3 above, in addition to the density increase, there are several proposed changes to the R -3 regulations that are designed to make it more efficient to build multi - family units. Again, the goal is to ensure that additional density in the City of Arcadia occurs in the appropriate areas (i.e., the R -3 zone). One of the methods proposed to achieve this is a minimum density of 20 du /acre to go along with the maximum density of 30 du /acre. The other changes include slightly reducing parking space dimensions, driveway width, setbacks, and back up distance, as well as a reduction in the number of guest parking spaces required. Currently, the City requires one guest parking space for each unit. The proposal is to reduce this to one guest parking space for every two units. Exhibit B1 and `B2' provide the full redlined text of all amendments proposed. ZONING MAP Changes to the Zoning Map are proposed to: 1) address inconsistencies between the Zoning Map and the General Plan land use map, 2) add the new zoning regulations, and 3) correct irregularities that have been on the Zoning Map for years. One such irregularity, for example, is that certain City properties have had no zoning; the proposed Zoning Map shows such parcels to be zoned as Public or Open Space, depending upon the use and the General Plan land use designation. The Draft Official Zoning Map is provided in Exhibit C. Following the adoption of the final Official Zoning Map, the map will for the first time be made available on the City's website with interactive features that will allow users to determine the specific zoning classification for any property in the City along with information about the parcel, such as lot size and dimensions. Users will also be able to search for zoning by specific address or assessor's parcel number. General Plan Update November 16, 2010 Page 16 SECTION 4 ENVIRONMENTAL ANALYSIS The Arcadia General Plan is a policy document that regulates land use and development within the City. The update and revision of this document would not lead to direct physical changes in the City or the existing environment, nor would it be accompanied by specific development proposals or projects. However, future development allowed pursuant to the General Plan Update could result in environmental impacts. In addition, implementation of the plans and implementation actions in the General Plan Update may result in environmental impacts. The EIR has been developed to analyze the recommendations within the General Plan and is a program -level EIR. This means that the Program EIR does not analyze any specific development project; but rather evaluates potential overall city buildout in 25 years based on the General Plan. In accordance with Section 21002.1 of the Public Resources Code, the City has prepared an Environmental Impact Report (EIR) for this Project for the following purposes: • To inform the general public, the local community, responsible and interested public agencies, the Planning Commission and City Council and other organizations, entities and interested persons of the scope of the proposed General Plan, its potential environmental effects, possible measures to reduce potentially significant environmental impacts and alternatives that could reduce or avoid the significant environmental effects of the proposed General Plan. • To enable the City to consider environmental consequences when deciding whether or not to approve the proposed General Plan. • To satisfy the substantive and procedural requirements of the California Environmental Quality Act (CEQA). Prior to taking action on a project, the City Council must review and consider the information contained in the Final Environmental Impact Report (FEIR) and certify the FEIR. Timeline Pursuant to CEQA, a Notice of Preparation (NOP) was circulated with the Initial Study to State, regional, and local agencies from August 10, 2009 to September 10, 2009 to solicit comments from responsible agencies and the general public on issues that should be addressed in the EIR. The NOP was also distributed to the State Clearinghouse, as well as agencies, organizations, and persons who may provide comments on the proposed project, and the City received 11 comment letters that are in the EIR. In addition, a scoping meeting was held on August 27, 2009 to further solicit public input regarding the scope and content of the EIR. The Draft EIR (DEIR) was available for the requisite 45 -day review period from July 19, 2010 to September 1, 2010. Both the Notice of Completion and the Notice of Public Hearing listed the locations where copies of the DEIR were available for public review (Arcadia Public Library and City Hall). The City received 14 comment letters from local, state or regional agencies, and the public, all of which are addressed in the Response to Comments section of the FEIR, that was previously distributed. Notice of the October 26 Planning Commission hearing was published in the Pasadena Star News on October 15, 2010 and notices were mailed to all property owners of General Plan Update November 16, 2010 Page 17 potentially impacted properties, as well to interested persons that had requested such notice on October 15, 2010. Organization of the FEIR The Final Environmental Impact Report (FEIR) was distributed to the Planning Commission in September, 2010. The FEIR incorporates the Draft EIR, the Responses to Comments received from the public, the proposed Mitigation Monitoring and Reporting Program, and Errata identified in the Draft EIR. Rather than reproduce the environmental analysis within the FEIR, the Staff Report provides a summary of the organization of the document and the key components and mitigation measures. Please refer to the FEIR for specific and detailed analyses and conclusions on each of the areas of environmental review. To comply with California Environmental Quality Act (CEQA), the FEIR includes analyses of environmental issues determined to be potentially significant as identified through responses to the Notice of Preparation (NOP), input at the scoping meeting, and discussions among the public, the consulting staff, and City staff and officials. The FEIR evaluates the following environmental issues in Chapter 4 (Environmental Analysis): • Aesthetics • Agriculture and Forest Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population, Housing, and Employment • Public Services • Parks and Recreation • Transportation/Traffic • Utilities and Service Systems • Greenhouse Gas Emissions • Mandatory Findings of Significance Each environmental issue listed above is analyzed based on the following accepted CEQA methodology: 1. Relevant Programs and Regulations — A summary of the regulations, plans and policies that are relevant to each environmental issue area at the federal, state, regional, and local level. 2. Existing Conditions — A detailed evaluation of the current "on the ground" or baseline conditions that exist at the time the document was prepared. 3. Thresholds of Significance — For each environmental topic area, what are the thresholds at which there is considered to be an impact on the environment. General Plan Update November 16, 2010 Page 18 4. General Plan goals, policies, and implementation actions — How do the proposed goals, policies, and actions recommended in the General Plan address the potential impacts to the environment. 5. Impacts and Mitigation Measures - Describes the potential environmental impacts of the General Plan Update based on the thresholds of significance, and determines whether the environmental impacts would be considered significant and unavoidable, or less than significant. This subsection also discusses feasible mitigation measures (MM) that may be implemented to reduce significant environmental impacts, and standard conditions (SC) that are implemented by the City as a matter of course. Alternatives The CEQA Guidelines require that a range of alternatives to the project be addressed in an EIR. The discussion of alternatives must focus on alternatives capable of either avoiding or substantially lessening any significant environmental effects of the Project even if the alternative would impede to some degree the attainment of the Project objectives or would be more costly. The following is a brief summary of the Alternatives discussed in Chapter 5 of the FEIR: • Alternative 1: No Project/No Development (mandatory CEQA alternative). This alternative assumes that no development would occur in the City and existing land uses and environmental conditions will remain as is indefinitely. • Alternative 2: No Project /Existing General Plan Alternative. This alternative assumes development to buildout based on the current General Plan. • Alternative 3: Reduced Commercial Alternative. This alternative assumes that an alternate Land Use Policy map would be adopted as part of the proposed General Plan Update with significantly reduced allowable development intensity for the commercial land use designations within the Downtown Overlay and for Live Oak Avenue. This alternative was developed to examine reductions to the significant and unavoidable impacts associated with the proposed General Plan Update. • Alternative 4: Expanded Downtown Focus Area. This alternative proposes an update to the Current General Plan with a different Land Use Policy Map that includes 10 additional parcels along St. Joseph Avenue as part of the to the Downtown Mixed Use designation. These parcels would be then not be included in the Commercial designation. CEQA requires that a Lead Agency identify the "environmentally superior alternative ". Both of the "No Project" alternatives would reduce impacts from those identified in the preferred alternative (the proposed General Plan Update), but none of the Significant and Unavoidable Impacts would be eliminated by either of these alternatives. And, Alternative 4 would have greater environmental impacts. For a full review of the alternatives, please see Section 5 of the FEIR. General Plan Update November 16, 2010 Page 19 Impacts The following terms are used to describe the level of significance of the impacts identified during the course of the environmental analyses: • Less - Than - Significant Impact — Impact that does not exceed the defined threshold(s) of significance or can be eliminated or reduced to a less -than- significant level through compliance with existing laws and regulations and /or standard conditions and /or implementation of feasible mitigation measures. • Potentially Significant Impact — Impact that exceeds the defined threshold(s) of significance, but can be reduced to a less- than - significant level through implementation of feasible mitigation measures, or if no feasible mitigation measures exist, the impact would be significant and unavoidable. • Significant and Unavoidable Impact — Impact that exceeds the defined threshold(s) of significance and cannot be eliminated or reduced to a less- than - significant level through compliance with existing laws and regulations and /or standard conditions and /or implementation of feasible mitigation measures. The following environmental issues have impacts that are "Less Than Significant" and do not require mitigation: • Aesthetics and Visual Quality, • Agriculture and Forest Resources, • Air Quality (Carbon Monoxide [CO] Hotspots and Objectionable Odors), • Biological Resources (Wetland and Riparian Resources, Wildlife Movement, Tree Preservation Ordinance, Habitat Conservation Plans, and Cumulative Impacts), • Cultural Resources (Human Remains), • Geology and Soils (Seismic and Geologic Hazards, Soil Erosion, Soil Expansion and Cumulative Impacts), • Hazards and Hazardous Materials, • Hydrology and Water Quality (Water Quality and Waste Discharge Standards, Groundwater Recharge and Supplies, Drainage Patterns and Erosion, Flood Hazards, Dam Inundation and Mudflows, and Cumulative Impacts), • Land Use and Planning, • Mineral Resources, • Noise (Airport and Airstrip Noise), • Population and Housing, • Public Services, • Parks and Recreation, • Transportation (CMP Standard, Air Traffic Patterns, Traffic Hazards, Emergency Access, Alternative Transportation), • Utilities and Service Systems (Water Supply, Wastewater Treatment Capacity, Wastewater Treatment Requirements, Solid Waste Disposal, Electricity, Natural Gas and Communication Infrastructure, and Cumulative Impacts), and General Plan Update November 16, 2010 Page 20 • Greenhouse Gas Emissions (Consistency with Greenhouse Gas Reduction Plan, Policy or Regulation). The following are "Potentially Significant" but can be avoided or reduced to a level of insignificance through the identified mitigation measures: • Biological Resources (Sensitive Plant and Wildlife Species); • Greenhouse Gas Emissions (Increase in GHG and Cumulative Impacts); • Cultural Resources (Historical Resources, Archaeological Resources, Paleontological Resources, and Cumulative Impacts); • Geology and Soils (Septic Tank Limitations); • Hydrology and Water Quality (Storm Drain Infrastructure); and • Utilities and Service Systems (Water and Sewer Infrastructure). Finally, the following are "Potentially Significant ", but cannot be avoided or reduced to a level of insignificance: • Air Quality (Air Quality Standards Violation, Exposure of Sensitive Resources, and Cumulative Air Quality Impacts); • Greenhouse Gas Emissions (Increase in Greenhouse Gases, and Cumulative Greenhouse Gas Impacts); • Noise (Noise Standard Violation and Cumulative Noise Impacts); and • Transportation/Traffic (Circulation System Performance and Cumulative Impacts). Public Resources Code section 21081.6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program (MMRP) for any project for which mitigation measures have been imposed to assure implementation of the adopted mitigation measures. The MMRP can be found in the FEIR. Each of the impacts listed above that is a potential impact with no feasible mitigation must be addressed in a Statement of Overriding Considerations. The Statement of Overriding Considerations is presented in Section 5 of the Staff Report. It is important to note that all of the environmental issues that cannot be mitigated are either already at a level of significance now, or could not be mitigated under any possible development scenario. General Plan Update November 16, 2010 Page 21 SECTION 5 STATEMENT OF OVERRIDING CONSIDERATIONS A. The City declares that, pursuant to State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed General Plan Update against any unavoidable environmental impacts in determining whether to approve the proposed update. If the benefits of the proposed General Plan Update outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable ". B. The City declares that the EIR prepared for the General Plan Update has identified and discussed significant effects which may occur as a result of the proposed update. With the implementation of the goals, policies and implementation actions in the proposed General Plan, existing regulations and standard conditions, and the mitigation measures discussed in the EIR, the environmental effects of future development pursuant to the proposed General Plan Update can be mitigated to Tess than significant levels, except for unavoidable significant impacts to Air Quality, Noise, Transportation and Greenhouse Gas (GHG) Emissions. Specifically, future development in the City would contribute to existing violations of clean air standards in the South Coast Air Basin, Future development would also incrementally increase noise levels where they currently exceed City standards. Similarly, increase in traffic volumes on City streets would lead to roadway operations exceeding City standards. GHG emissions from future development would incrementally contribute to global warming. These impacts cannot be readily addressed by individual developments in the City or by the Arcadia General Plan because they are global, regional or area -wide. Thus, they will remain significant and unavoidable. C. The City declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate potential impacts on Air Quality, Noise, Transportation and GHG Emissions. To the extent any mitigation measures could not be incorporated, such mitigation measures are infeasible because of specific economic, legal, social, technological and other considerations and the benefits of the proposed General Plan Update outweigh the unmitigated impacts. D. The City further finds that except for the proposed General Plan Update, other alternatives set forth in the EIR are infeasible because they would prohibit the realization of the update's objectives and the City's goals and /or because of specific economic, legal, social, technological and other benefits that the City finds outweigh any environmental benefits of the alternatives. E. The City declares that, having reduced the significant adverse environmental effects of the proposed General Plan Update to the extent feasible by adopting the mitigation measures, having considered the entire administrative record on the proposed update, and having weighed the benefits of the proposed update against its unavoidable adverse impacts after mitigation, the City has determined that the following social, economic, and environmental benefits of the proposed General Plan Update outweigh the potential unavoidable significant adverse impacts and render those potential adverse environmental impacts acceptable, based upon the following overriding considerations: General Plan Update November 16, 2010 Page 22 Comprehensive Update The current General Plan was last updated and adopted by the City in 1996, with the Housing Element last updated in 2001. The proposed General Plan Update presents an opportunity to re- evaluate the City's values; address broader issues; and respond to the changing economic, environmental, legal, and social settings. The proposed General Plan Update has been developed with extensive public input and participation and better articulates the City's vision for ultimate development than the current General Plan. Citywide Vision The proposed General Plan Update reflects the collective vision of its residents, business owners, stakeholders, community groups, City staff and leaders, and was developed with the following guiding principles: • Balanced Growth and Development: The General Plan establishes a balance and mix of land uses that promote economic growth and maintain a high quality of life for Arcadia residents. The development decisions reflect Smart Growth principles and strategies that move the City toward enhanced mobility, more efficient use of resources and infrastructure, and healthier lifestyles. • Connectivity: Arcadia has a balanced, integrated, multi -modal circulation system — which includes streets, sidewalks, bikeways, and trails —that is efficient and safe, and that connects neighborhoods to jobs, shopping, services, parks, and open space areas. • Neighborhood Character. Arcadia's single - family and multi - family residential neighborhoods have given the City its identity as a "Community of Homes ". The City protects and preserves the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. • Schools: Arcadia's schools are a valuable community asset. The quality of the schools draw people to the City, which remains committed to working with the school district to achieve mutually beneficial goals. • Cultural Diversity: The City embraces and celebrates its cultural diversity. Its residents' lives are enriched by the many cultures that contribute their arts, food, values, and customs to the community. The City promotes activities and programs that strengthen these community bonds. • Environmental Sustainability: The City is committed to environmental sustainability, which means meeting the needs of the present while conserving the ability of future generations to do the same. The City acts to work toward achieving regional environmental quality goals. Arcadia leads the way to a healthy environment by providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. • City Services: The high quality services the City provides are a source of civic pride and bring its populace together as a community. The City adjusts service needs in response to demographic changes, and take actions to provide funding to support these services. • Changing Housing Needs: The City encourages the retention, rehabilitation, and development of diverse housing that meets people's needs in all stages of their lives. • Economic Health: A healthy economy requires a diversified employment and fiscal base. A priority is to create a resilient and thriving local economy, accessible to General Plan Update November 16, 2010 Page 23 local residents and responsive to local needs, with a balance of regional - serving businesses that attract additional regional income. The City is business friendly. • Preservation of Special Assets: Arcadia's quality of life is enhanced by special places and features such as Santa Anita Park, the Los Angeles County Arboretum and Botanical Garden, a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and nearby views of the mountains. These assets are preserved and enhanced so they continue to contribute to is City's character. These principles are embodied by the proposed General Plan Update and would improve livability and the quality of life of all residents, businesses, employees and visitors in Arcadia. Land Use Compatibility The Land Use Policy Map in the proposed General Plan Update preserves the City's established residential neighborhoods by designating these areas to reflect existing development densities. Future development and redevelopment are also anticipated and promoted in specific focus areas which would benefit from redevelopment, revitalization and new investment through changes in existing land uses or increases in densities /intensities. Economic Stability The Economic Development Element responds to the City's need to maintain and enhance the fiscal health of the local economy, and to support uses that provide high- quality jobs, generate tax revenues, and diversify Arcadia's tax base. By allowing mixed use developments and increased intensities in the City's downtown area, commercial districts and near the Gold Line station in the Land Use Policy Map, the City would sustain a resilient and thriving local economy, as well as protect its employment base. Open Space Protection The proposed General Plan Update preserves the open space resources in the City by designating these areas as Open Space — Resource Protection and Open Space— Outdoor Recreation. These designations would preclude any future development in parks, drainage channels, and public recreational facilities and promote long -term protection of these areas for open space. Housing Needs The Housing Element of the proposed General Plan Update has been developed to meet the City's existing and future housing needs, as defined by the Regional Housing Needs Allocation. The update also increases housing opportunities in the City and promotes the redevelopment of older multi - family developments to improve the current housing stock. Sustainability The proposed General Plan Update responds to regional concerns for resource protection and environmental sustainability by promoting mixed use developments, alternative transportation systems, higher density /intensity uses near the rail station, energy and water conservation, solid waste reduction, and vehicle trip reduction. Goals and policies in the Resource Sustainability Element and the Circulation and Infrastructure Element, along with the implementation actions for these goals and policies would create a more sustainable community in Arcadia for the benefit of existing and future residents. General Plan Update November 16, 2010 Page 24 SECTION 6 CITY COUNCIL RECOMMENDED ACTION Approval It is recommended that the City Council move to: 1. Adopt Resolution No. 6715, certifying the Final Environmental Impact Report, adopting environmental findings pursuant to the California Environmental Quality Act, adopting a Mitigation Monitoring and Reporting Program, adopting a Statement of Overriding Considerations, and adopting the 2010 General Plan; 2. Introduce Ordinance No. 2272, repealing and replacing various sections of Article IX of the Arcadia Municipal Code to enact the 2010 General Plan Update Project and establish new zoning designations for Downtown Mixed Use (DMU), Mixed Use (MU), and Restricted Multi - Family (R -3 -R); 3. Introduce Ordinance No. 2273, amending various sections of Article IX of the Arcadia Municipal Code to enact the 2010 General Plan Update Project and address local and state regulations and standards; 4. Introduce Ordinance No. 2274, certifying the 2010 Zoning Map as the Official Zoning Map of the City of Arcadia; and, 5. Incorporate the edits and modifications to the General Plan documents as shown in Exhibits Al through A4. General Plan Update November 16, 2010 Page 25 SECTION 7 RESOLUTION AND ORDINANCES Attached in this section are the following implementing resolution and ordinances: • Resolution No. 6715 • Ordinance No. 2272 • Ordinance No. 2273 • Ordinance No. 2274 APPROVED: Donald Penman, City Manager General Plan Update November 16, 2010 Page 26 A copy of the following attachments is available upon request: Exhibit Al: Matrix of Proposed Changes to the initial Draft General Plan Update. Exhibit A2: Revised Buildout Tables for the Land Use and Community Design Element Exhibit A3: Revised graphics for Downtown Arcadia and Noise Element Exhibit A4: Matrix of Proposed Changes from the Planning Commission Hearing of October 26, 2010, additional staff edits, and the City Council Study Session on October 27, 2010 Exhibit Bl: Redlined text showing Code changes from Text Amendment No. 10-01 (New zoning designations within the regulations to the Zoning Ordinance) Exhibit B2: Redlined text showing Code changes from Text Amendment No.10 -02 (Amending existing zoning code regulations) Exhibit C: Proposed Official Zoning Map Exhibit D: Correspondence Please contact Senior Planner, Lisa Flores at (626) 574 -5445 for a copy. Thank you.