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HomeMy WebLinkAbout2347 ORDINANCE NO. 2347 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 OF THE ARCADIA MUNICIPAL CODE ("THE DEVELOPMENT CODE"), WITH AN EXEMPTION UNDER THE CALIFORNIA ENVRIONMENTAL QUALITY ACT ("CEQA") TO UPDATE THE CITY'S REGULATIONS FOR ACCESSORY DWELLING UNITS, AND TO ADDRESS MINOR TEXT CLEANUPS WHEREAS, effective January 1, 2017, pursuant to Senate Bill 1069 and Assembly Bill 2299, Government Code Section 65852.2 was amended to address California's ongoing housing affordability crisis to reduce local regulatory barriers to the development of new accessory dwelling units, and to declare that any local ordinance not in compliance with the amended Government Code Section 65852.2 would become null and void under State law, and that only the default Statewide standards set forth in Section 65852.2 may be applied to accessory dwelling unit applications unless the Arcadia Municipal Code is updated; and WHEREAS, the Development Code, Chapter 1 of Article IX of the Arcadia Municipal Code, is hereby amended in order to comply with the recent changes in State law and retain authority to implement locally appropriate standards over the location and construction of accessory dwelling units. This Ordinance for Text Amendment No. TA 17-02, as set forth in Exhibit "A", will bring the City of Arcadia's existing accessory dwelling unit regulations into compliance with State law while also reflecting the needs of the unique local community character and compatibility needs, because the default State standards do not consider local needs, community character, or compatibility of new development. This Ordinance for Text Amendment No. TA 17-03, as set forth in Exhibit "B", also revises various sections of the Development Code to make minor semantic changes and correct minor typographical errors and inconsistencies; and WHEREAS, on March 14, 2017, a duly noticed public hearing was held before the Planning Commission on Text Amendment Nos. TA 17-02 and TA 17-03, at which time all interested persons were given full opportunity to be heard and present evidence; and WHEREAS, after considering the evidence presented, the Planning Commission adopted Resolution No. 1990 by a 4-0 vote with one Commissioner absent, to recommend approval of the Text Amendments, and directed staff to proceed with this Ordinance; and WHEREAS, on May 2, 2017 and May 16, 2017, a duly noticed public hearing was held before the City Council on this Ordinance, at which time the City Council considered the entire record, and all interested persons were given full opportunity to be heard and to present evidence. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The factual data set forth in the Recitals of this Ordinance and by the Development Services Department in the staff reports dated May 2, 2017; May 16, 2017; and June 6, 2017, are true and correct. SECTION 2. Based upon the entire record, including without limitation, the staff reports and related documents presented to the City Council, the City Council finds as follows: 2 1. The proposed amendment is consistent with the General Plan and any applicable specific plan(s). FACT: Ordinance No. 2347 is consistent with the General Plan Land Use Element and Housing Element goals and policies. Accessory Dwelling Units ("ADUs") are land uses permitted in all residential land use designations. The Ordinance ensures that the Development Code will comply with State law, and reduce barriers to the development of ADUs, which can contribute to the overall variety of available housing choices in Arcadia. Furthermore, the Ordinance will enable the City of Arcadia to retain the ability to regulate certain aspects of ADUs, such as height, location, and design, for neighborhood compatibility. This is consistent with the following General Plan Policies: Land Use and Community Development Element • Goal LU-3: Preservation and enhancement of Arcadia's single-family neighborhoods, which are an essential part of the City's core identity. • Policy LU-3.4: Strengthen neighborhood identity with new development that is compatible with surrounding structures through scale, massing, and preferred architectural style. • Policy LU-3.5: Require that new construction, additions, renovations, and infill developments be sensitive to neighborhood context, building forms, scale, and colors. Housing Element • Policy H-2.4: Maintain development standards, regulations, and design features that are flexible to provide a variety of housing types and facilitate housing that is appropriate for the neighborhoods in which they are located. 3 • Policy H-4.1: Periodically review and modify as appropriate, residential and mixed use development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing for lower- and moderate-income households and for persons with special needs. • Policy H-4.3: Provide for streamlined, timely, and coordinated processing of residential projects to minimize holding costs and encourage housing production. The Ordinance also addresses minor semantic changes, and corrects minor typographical errors and inconsistencies in the Development Code. These amendments will not substantively affect any development standards, and are consistent with the adopted General Plan. 2. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City FACT: Ordinance No. 2347 pertains to Accessory Dwelling Units ("ADUs") and is intended to ensure that the City complies with State law and retains the ability, to the extent possible, to regulate the appropriate development of ADUs. Non-compliance with the State law would result in all of the City's development standards related to ADUs becoming null and void, and the City would only be able to apply the State requirements. By complying with the State law, the City will be able to continue to ensure ADUs are compatible with the surrounding residential neighborhoods to the extent possible. The Ordinance also addresses minor semantic changes, and corrects minor typographical errors and inconsistencies in the Development Code, and will not substantively affect any development standard, and will not have any detrimental effects. 4 3. The proposed amendments are internally consistent with other applicable provisions of the Development Code. FACT: The Ordinance, as it pertains to Accessory Dwelling Units ("ADUs") has been reviewed to ensure it is consistent with the other applicable provisions of the Development Code, including parking and permit processing requirements. The Ordinance was reviewed by the City Attorney for internal consistency to ensure that there are no conflicting standards or uncertainties. The Ordinance also makes minor semantic changes, and corrects minor typographical errors and inconsistencies in the Development Code to provide additional internal consistency and clarity to readers of the Development Code. The Ordinance is internally consistent with all other applicable provisions of the Development Code. SECTION 3. The City Council finds that this Ordinance has been assessed in accordance with the authority and criteria contained the California Environmental Quality Act ("CEQA"), the State and local CEQA Guidelines, and the environmental regulations of the City. The Ordinance is exempt from review under CEQA pursuant to several CEQA exemption provisions, including CEQA Guidelines Section 15282(h) as set forth in Section 21080.17 of the Public Resources Code that pertains to the adoption of an ordinance regarding second units in a single-family or multi-family residential zone to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code, and Section 15061(b)(3) of the CEQA Guidelines, which provides that where it can be seen with certainty that there is no possibility that a project may have a significant effect on the environment, the project is not subject to CEQA. The Ordinance provides protections from the development of ADUs that would be out of scale in single-family 5 neighborhoods. Furthermore, per Section 15303(a) of the CEQA Guidelines, the development of second dwelling units is a Class 3 exemption from environmental review. The Ordinance is also exempt from review under CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which provides that where it can be seen with certainty that there is no possibility that a project may have a significant effect on the environment, the project is not subject to CEQA. The Ordinance does not create or substantially alter any existing development standard. SECTION 4. For the foregoing reasons, the City Council amends Chapter 1 of Article IX of the Arcadia Municipal Code as it pertains to Accessory Dwelling Units to reflect changes in State law as shown in Exhibit "A" to this Ordinance that is incorporated by reference herein. SECTION 5. For the foregoing reasons, the City Council amends Chapter 1 of Article IX of the Arcadia Municipal Code to address minor semantic changes, and correct minor typographical errors and inconsistencies, as shown in Exhibit "B" to this Ordinance that is incorporated by reference herein. SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Arcadia hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. 6 SECTION 7. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk's Office located at 240 West Huntington Drive, Arcadia CA 91007. The custodian of these records is the City Clerk. SECTION 8. This Ordinance shall take effect thirty-one (31) days after its adoption. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary or copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved, and adopted this 6th day of June , 2017. / Mayor of the City of Arcadia ATTEST: C'y C--irk Y APPROVED AS TO FORM: 4t-a7i--42 Stephen P. Deitsch City Attorney 7 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2347 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of June, 2017 and that said Ordinance was adopted by the following vote, to wit: AYES: Beck, Chandler, and Tay NOES: Verlato, and Amundson ABSENT: None ABSTAIN: None Alt Ci Clerk of th- City of Arcadia 8 [Deleted text is highlighted in and added text is highlighted in bold italics] 9102.01.020 Land Use Regulations and Allowable Uses A. Allowed Uses. Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) indicates the uses allowed within each residential zone and any permits required to establish the use, pursuant to Division 7(Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: "P"represents permitted (allowed)uses. "A"represents accessory uses. "M" designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit)of this Development Code. "C" designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit)of this Development Code. "—"designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. P Permitted Table 2-1 A Permitted as an Accessory Use Allowed Uses and Permit M Minor Use Permit Required Requirements for Residential Zones C Conditional Use Permit Required -- Not Allowed Land Use R-M R-0 R-1 R-2 R-3 R-3-R Specific Use Regulations Residential Uses Boarding House Dwellings See required minimum density(Section 9102.01.090, Table 2-6 Single-Family Dwelling P P P P P -- and)Subsection 9102.01.100.A (Exceptions to Minimum Density in R-2 and R-3) Multifamily Dwelling -- -- -- P P P Two-Family Dwelling -- -- -- P P P Exhibit A Page 1 P Permitted Table 2-1 A Permitted as an Accessory Use Allowed Uses and Permit M Minor Use Permit Required Requirements for Residential Zones C Conditional Use Permit Required -- Not Allowed Land Use R-M R-0 R-1 R-2 R-3 R-3-R Specific Use Regulations 15.000 square feet required. Only permitted as an accessory use on multi-family zoned properties which are Accessory Dwelling Unit A A A A-- A-- A-- currently improved with no more than one single-family dwelling unit. See also Subsection 9102.01.080 (Accessory Dwelling Units) Exhibit A Page 2 9102.01.080 Accessory Dwelling Units Accessory dwelling units, as defined in Division 9 (Definition) of this Development Code, are allowed in the R-0, R-1,R-M and R-3 zones if the lot is currently improved with only one dwelling unit. Accessory dwelling units a are subject to all development standards for the underlying zoning of the property, as set forth in Table 2-2 (Development Standards for Single-Family Residential Zones) or in Table 2-6 (Development Standards for Multiple-Family Residential Zones) unless otherwise specified in Subsection 9102.01.080.8. Review pursuant to the provisions of Section 9107.19(Site Plan and Design Review). 8. . Development Standards 1. General. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards(setbacks, lot coverage, height,encroachment plane,etc.)that apply to the primary residence.All accessory dwelling units shall be learly subordinate in location and size to the primary structure and consistent in exterior appearance with the primary structure through the use of similar/matching exterior paint colors, material types, and architectural styles. Accessory dwelling units shall have independent exterior asses. An accessory dwelling unit is allowed on a site only when a primary residence exists. 2. M+n•.mum Lot Size.A minimum lot size of 15,000 square feet is required for the establishment of an access-of-y-e*ehiog unit Location: An accessory dwelling unit is permitted on any residentially zoned property if a single-family dwelling exists on the lot or will be constructed in conjunction with the accessory dwelling unit. An accessory dwelling unit may be either attached to the existing dwelling unit, or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling, and in all cases shall be located behind the rear building line of the primary structure. For the purpose of this Section, "Living Area"means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 3. Maximum Floor Area. •• . ..•-- ... . . - . . . - . :. . . . •. ••. - •-• ! .! . • . the existing primary residence but in no case more than shall exceed600 800 square feet. A detached accessory Accessory dwelling units that are contained within the existing space of a single- family dwelling or existing accessory structure shall have a floor area of not more than 50 percent of the size of the existing primary residence, but in no case shall exceed 1,200 square feet. For newly constructed attached or detached accessory dwelling unit the maximum sizes are as follows: a. Eligible properties up to 7,500 square feet in area: An attached or detached ADU shall have a floor area of not more than 50 percent of the size of the existing primary residence, but in no case shall exceed 800 square feet b. Eligible properties between 7,501 and up to 15,000 square feet in area: An attached or detached ADU shall have a floor area of not more than 50 percent of the size of the existing primary residence, but in no case shall exceed 1,000 square feet. c. Eligible properties greater than 15,00 square feet in area: An attached or detached ADU shall have a floor area of not more than 50 percent of the size of the existing primary residence, but in no case shall exceed 1,200 square feet. 4. Maximum Height and Story. A-I detached accessory dwelling unit shall be limited to a height of one-story, shall not exceed 16 feet in height, and shall not exceed the height of the primary residence. 5. Required Parking.An accessory dwelling unit shall be provided with a minimum of one on-site parking space or one on-site,..arking space N,.; bedroom, whichever is greater(covered or uncovered). The parking space shall be in a designated location outside of the required front or street-side setbacks, unless the parking space is located on an 3 existing driveway or as specified in Section 9103.07.050.D.-. The required parking space shall also conform to Section 9103.07(Off-Street Parking and Loading). 6. Maximum Number of zccessory Dwelling Units. Not more than one accessory dwelling unit shall be allowed on any one lot. 1. Detached. Accessory dwelling units or an accessory dwelling unit's parking space shall not be attached in any way to buiid+ag- , , 7. Occupancy. The property owner shall occupy either the primary dwelling or accessory dwelling unit 2. Vacant Sites. 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. s1. - • - - . -• .. . e --• - --- .. -e - - - -- . - •- .. .. provisions of the adopted building code. Replacement parking for the converted garage shall be provided as required in Section 9103.07. 9. Fire Sprinklers. An accessory dwelling unit is required to have sprinklers if the primary residence is also required to have fire sprinklers. 10. Utility Connections. A separate address and utility connections directly between the accessory dwelling unit and the utility are required, unless the unit is contained within the existing living area of a single-family residence, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety, as determined by the Building Official. The connection shall be subject to a connection fee or capacity charge, or both, proportionate to the burden of the proposed unit, based on either its size or the number of its plumbing fixtures,upon the water or sewer system 11. No passageway or walkway is required for the construction of an accessory dwelling unit. For the purposes of this Section, a passageway is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of an accessory dwelling unit. B. Permit Procedures. The construction and/or relocation of an accessory dwelling unit shall require a Zoning Clearance for an Accessory Dwelling Unit pursuant to the provisions of Section 9107.27 (Zoning Clearances for Accessory Dwelling Units). Except as provided in Subsection (1) below, approved applications for an accessory dwelling unit will result in a Zoning Clearance for an Accessory Dwelling Unit. A covenant is required as specified in Subsection 9102.01.080.C,and shall be recorded prior to the issuance of a building permit. 1. Streamlined Approval: An accessory dwelling unit within a single-family residential zone is exempt from a Zoning Clearance if the proposed accessory dwelling unit is: a. The only accessory dwelling unit located on the lot; b. Contained within the existing space of a single-family dwelling or accessory structure; c. Has independent exterior access from the existing residence;and d. Has side and rear setbacks in compliance with the State Building Code 2. If all of the requirements of Section 9102.01.080.A.1 are met, then the applicant shall comply with the following requirements prior to obtaining a building permit: a. Shall install fire sprinklers in the accessory dwelling unit if the primary residence is also required to have fire sprinklers; b. Shall not be charged a related connection fee or capacity charge and is not required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and; 4 c. Shall record a covenant as provided in Subsection 9102.01.080.C. prior to obtaining a building permit as required by the building code. C. Covenant Required.An accessory dwelling unit is not intended for sale separate from the main dwelling unit and lot as a short term rental(terms less than 30 days). A covenant in a form approved by the City Attorney shall be recorded for each accessory dwelling unit snecifvina its size and attributes, and requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and lot and that no more than one lease agreement for terms of no less than 30 days may ae entered into at any time. The covenant shall also specify that the property owner must occupy either the primary dwelling or accessory dwelling unit. 9102.01.060 Accessory Structures in Single-Family Residential Zones Accessory structures, as defined in Division 9 (Definitions) of this Development Code, but excluding required garages, are allowed in residential zones and are subject to the development standards set forth in Table 2-5 (Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones). Accessory dwelling unit regulations are set forth in Subsection 9102.01.080(Accessory Dwelling Units).Any allowable accessory structure that does not require a building permit shall meet the requirements of this Development Code for use, placement on the lot, height, and size. The construction and/or relocation of an accessory structure shall require review and approval per the Site Plan and Design Review, as set forth in Section 9107.19(Site Plan and Design Review). A. Restrictions on Number and Use 1. Primary Building Required. An accessory structure(s) is allowed onsite only when there is a primary Acting on site. 2. Number Allowed. A maximum of three detached accessory structures are allowed on any one lot, including accessory dwelling units. 3. Kitchen. No kitchen is allowed within the accessory structure. 4. Bathroom.The accessory structure may contain a sink,a toilet and/or a shower. 5. Bedrooms and Closets. No bedrooms or closets are allowed within the accessory structure. 6. Covenant Required. A covenant approved as to form by the City shall be recorded prior to the issuance of any building permit for any accessory structure stating that the accessory structure will not be used for overnight stay, rented,or used as a dwelling unit. B. Development Standards 1. General Standards. Accessory structures shall comply with the development standards set forth in Table 2-5 (Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones). 2. Consistent Exterior Appearance.All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar/matching exterior paint colors, material types, and architectural styles. Table 2-5 Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones Development Feature R-M R-0 R-1 Additional Requirements 5 Table 2-5 Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones t' Development Feature R-M R-0 R-1 Additional Requirements Shall be counted toward total allowable floor area for the zone, pursuant to 50%of the Subsections 9102.01.030 Maximum Floor Area 50%of the ground ground floor area 50%of the ground (Development Standards in floor area of the floor area of the main Single-Family Residential main building of the main building Zones)and 9102.01.040 building (Additional Residential Development Standards in Single-Family Residential Zones). Minimum Setbacks Front(public or private Same as dwelling Same as dwelling Same as dwelling For exceptions refer to street) requirement requirement requirement Subsection 9102.01.040.B (Front Setbacks-Additional Standards in R-M and R-0 Zones). Side 10 ft Same as dwelling Same as dwelling requirement requirement Reverse Corner(street side) 20 ft Same as dwelling Same as dwelling For exceptions refer to requirement requirement Subsection 9102.01.040.0 (Exceptions to Rear Setbacks on Corner and Rear 10 ft 10 ft 10 ft Reverse Corner Lots in R-0 and R-1 Zones-Attached Single-Story Garage) Maximum Lot Coverage 25%of required 25%of required 25%of required rear rear yard rear yard yard Maximum Number of One story One story One story Stories Minimum Distance Eft Eft E ft Between Structures See Subsection 16 ft and cannot 16 ft and cannot 9103.01.050(Height exceed the exceed the 16 feet and cannot Measurements and Maximum Height maximum height of maximum height exceed the maximum Exceptions)and dwelling of dwelling height of dwelling 9102.01.040.E(Height Exception for Chimneys and Roof-Mounted Vents). Minimum Encroachment Plane Front Property Line 40 degrees 30 degrees 30 degrees Interior Rear and/or Interior N/A N/A N/A Side Street Side(Reverse N/A 40 degrees 40 degrees Corner)Property Lines Notes: (1)Accessory dwelling units are subject to the development standards in Subsection giOi.01.080. 6 9102.01.090 Development Standards in Multifamily Residential Zones (R-2, R-3, R-3-R) New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-1 ((Allowed Uses and Permit Requirements for Residential Zones) and 2-6 (Development Standards for Multifamily Residential Zones), and the development standards in Division 3 (Regulations Applicable to All Zones-Site Planning and General Development Standards). Additional regulations are denoted in the right hand column of Table 2-6. Development standards for accessory dwelling units are located in Section 9102.01.080 (Accessory Dwelling Units), garages and other parking areas are located in Section 9103.07 (Off-Street Parking and Loading) 7 9103.01.060 Setback Measurements and Exceptions C. Setback Areas to Remain Unobstructed. No portion of any habitable structure and/or accessory structure shall occupy any portion of a required front setback area, except as provided in Subsections 9102.01.050 (Permitted Projections in Single- Family Residential Zones) Doused. 4102.01.080 (Accessory uweiiing units and 9102.01.110 (Permitted Projections in Multifamily Zones). Every required setback area shall be open and unobstructed from the ground to the sky. 9103.07.050 Off-Street Parking for Residential Uses C. Number Required. Unless off-street parking reductions are allowed in compliance with provisions identified, off-street parking spaces shall be provided in compliance with Table 3-3(Off-Street Parking Requirements: Residential Uses). These standards shall be considered the minimum required to preserve the public health, safety, and welfare of the community.An increase or decrease in the parking requirements may be determined by the Review Authority in particular circumstances where these requirements are inadequate for a specific project. These cases shall be determined through a parking study as outlined in this Division. Table 3-3 Off-Street Parking Requirements: Residential Uses Land Use Minimum Parking Spaces Required Single-Family Dwellings(Attached and Detached)and • 2 spaces per dwelling unit in a garage for units less than 5,000 Two-Family Dwellings square feet in size with up to 4 bedrooms • 3 spaces per dwelling unit in a garage for units 5,001 square feet or more in size and/or with 5 or more bedrooms(1) Accessory Dwelling Unit 1 space,covered or uncovered,per accessory dwelling unit or number of bedrooms in the accessory dwelling unit, whichever is greater(2) Multifamily Dwellings For the R-2, R-3 and R-3-R Zones: • 2 covered spaces per unit, plus guest parking as follows: • 1 guest parking space per each 2 units Mixed Use Units 1.5 spaces per unit and 1 guest space for every 3 units Live/Work Units 1 space per unit and 1 space per 1,000 square feet of nonresidential floor area Senior Housing(when restricted to age 62 and older) For senior affordable apartment housing: 1 space per unit,and 1 guest space for every 4 units for assisted living facilities: 1.5 spaces per unit For senior market rate housing: 2 spaces per unit Notes: (1)A tandem parking space may be allowed to satisfy the third required,or any non-required,parking space,subject to Design Review approval. Par King standards shall not be iniposeo on an accessory dwelling unit in any of the following circumstances. a. The accessory dwelling unit is located within one-half mile of public transit b. The accessory dwelling unit is located within an architecturally and historically significant historic district c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit When there is a car sharing vehicle located within one block of the accessory dwelling unit D. Parking Location 1. Parking spaces shall be designed, constructed, and maintained in a manner that does not preclude direct and free access to stairways,walkways,elevators,any pedestrian way,and fire safety equipment. 8 2. Vehicle parking(and access thereto)shall be provided on a permanently paved surface. 3. When required off-street parking spaces are provided on a separate lot from the building or land use, Subsection 9103.07.090(Shared/Joint Use and Off-site Parking)shall apply. 4. If parking spaces are required for an accessory dwelling unit, the spaces may be located on an existing driveway on the same site if it is within the setback areas, including tandem on an existing driveway subject to the approval of a Zoning Clearance for ADUs. The Director may determine that these parking arrangements are prohibited if specific findings are made under Subsection(a)below. a) The property is an R-M zoned property, a hillside property, located within a designated fire zones, or a non- conforming lot, or if the Director determines that such parking arrangements are not feasible based upon specific safety conditions, or that such arrangements are not permitted anywhere in the City. b) No additional setback shall be required for a legally established existing garage that is legally converted to an accessory dwelling. The garage conversion must comply with all applicable provisions of the adopted building code. In addition, when a garage,carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the required parking spaces shall be replaced as specified in Table 3-3. If code compliant replacement parking cannot be provided, the replacement parking spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, covered spaces, uncovered spaces, or tandem spaces or by the use of mechanical automobile parking lifts within an enclosed garage. Figure 3-14 Single-Family Parking Location Requirements --j � i I Ii j�' l Garage i' Residential l Structure Allowed PiVehicle , _ di. l Parking Parking Prohibited: ii Required Landscaped A Paved Area ,),__., Driveway• Parking Prohibited: - - h Si.ewa — Jill Corner Cutback Area -__ 11•111111111111 Street E. Residential Parking Location—Specific Requirements 1. R-M Zone 9 a. A garage or carport opening directly upon a side street shall be located not less than 20 feet from the street side lot line. 2. R-0 and R-1 Zones a. Required parking spaces shall be provided on the same site as the main building in an enclosed garage. Each parking space provided beyond the minimum required shall also be within an enclosed garage. b. Each required parking space shall be in a garage located behind the required front setback and shall be served by a driveway no less than nine feet in width, except as a specified in Section 9103.07.050.D. c, Only one driveway shall lead to an enclosed garage, unless it is a circular driveway. d. Below grade or subterranean parking spaces shall not be allowed unless an Administrative Modification is granted pursuant to Section 9107.05 (Administrative Modifications). Not more than one story below grade shall be allowed. e. On lots less than 100 feet in width, no more than 16 linear feet of garage openings facing the front and/or street setback areas shall be allowed. On lots 100 feet or greater in width, no more than 24 linear feet of garage openings facing the front and/or street setback areas shall be allowed. F. Standard Residential Parking Stall Dimensions. Required parking stalls, including guest parking spaces, within all residential zones shall meet the dimension requirements set forth in Table 3-4 (Parking Space Dimensions-Residential Zones). Dimensions shall be measured from interior building wall. Table 3-4 Parking Space Dimensions-Residential Zones Size of Parking Stall(minimum) When Adjacent to Wall Zone Width(General) or Structure Length R-M, R-O, and R-1 10 ft 11 ft,6 in 20 ft R-2, R-3, and R-3-R 9 ft 11 ft,6 in 19 ft G. Residential Driveways 1. Paving.All parking areas and driveways shall be paved with cement concrete. Other paving materials, including brick may be substituted with review and approval by the Director of a Site Plan and Design Review pursuant to the requirements of Section 9107.19(Site Plan and Design Review). 2. Width. The maximum width of driveways within residential zones shall be 20 feet for single-family zones and 25 feet for multifamily zones. The maximum width for all single-family and multi-family residential common driveways shall not exceed 30 feet. 3. Does Not Fulfill Parking Requirement. No portion of any required driveway shall be used to fulfill any parking space requirements, xcept as 1,.)(N,Ilieu in Section 9103.0 .050.D 10 Section 9107.03 Application Processing Procedures 9107.03.010 Purpose and Intent A. This Division provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by the City and specified in this Development Code. B. Table 7-1 (Review Authority), identifies the Review Authority responsible for reviewing and making decisions on each type of application required by this Development Code. Table 7-1 Review Authority Applicable Role of Review Authority(1) Type of Action Code Section Director Commission Council Legislative Actions Development Agreements and Amendments 9107.11 Recommend(1) Recommend Decision Development Code Amendments 9108.03 Recommend(1) Recommend Decision General Plan Amendments 9108.03 _ Recommend(1) Recommend Decision Specific Plans and Amendments 9107.21 Recommend Recommend Decision Zoning Map Amendments 9108.03 Recommend Recommend Decision Planning Permits and Approvals and Administrative Actions Administrative Modifications 9107.05 See Table 7-2 for specified thresholds Certificates of Demolition 9107.07 Decision Appeal Appeal Conditional Use Permits 9107.09 Recommend Decision(2)(4) Appeal Home Occupation Permits 9107.13 Decision(3) Appeal Appeal Interpretations 9101.03 Decision(3) Appeal Appeal Minor Use Permits 9107.09 Decision(3) Appeal Appeal Planned Developments 9107.15 Recommend Decision(4) Appeal Reasonable Accommodations 9107.17 Decision(3) Appeal Appeal Sign Permits 9103.11 Decision(3) Appeal Appeal Site Plan and Design Review 9107.19 Decision(3) Decision/ Appeal (See Table 7-3 for specified thresholds.) Appeal(4) Temporary Use Permits 9107.23 Decision(3) Appeal Appeal Tree Encroachment, Preservation,and 9700 See Section 9705 for specified thresholds Removal Variances 9107.25 Recommend Decision(4) Appeal Zoning Clearances 9107.27 Issue Appeal Appeal Zoning Cleara Appeah5) Notes: (1) "Recommend"means that the Review Authority makes a recommendation to a higher decision making body;"Decision"means that the Review Authority makes the final decision on the matter;"Issue"means that the Review Authority grants the Zoning Clearance after confirming compliance with all applicable provisions of this Development Code;and"Appeal"means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision making body,in compliance with Section 9108.07 (Appeals). (2) The final Review Authority for a Conditional Use Permit granting a Density Bonus,in compliance with Section 9107.03(Application Processing Procedures)shall be the Council,with the Commission first making a written recommendation to the Council. (3) The Director may defer action and refer the request to the Commission for consideration and final decision. (4) The Commission may defer action and provide a recommendation to the Council for consideration and final decision. (5) A Zoning Clearance(ADU)may only be appealed it a determination pursuant to 9103.070.050.D.4.a or 9107.27.030.D.1 has been made. 11 Section 9107.27 Zoning Clearances 9107.27.010 Purpose Zoning Clearance is a nondiscretionary administrative verification procedure used by the City to verify that a proposed land use, improvement, or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use, improvement,or structure. 9107.27.020 Applicability Where Division 2(Zones,Allowable Uses, and Development Standards)or another provision of this Development Code requires a Zoning Clearance as a prerequisite to establishing a land use, improvement,or structure, a Zoning Clearance shall be required at the time of the Director's review of any of the following: A. Initiation of a Land Use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure or improvement. B. Change of Use 1. Whenever a use is proposed to be changed from a use for which a Zoning Clearance has been issued, whether or not the new use involves a new lessee,operator,or owner, a new Zoning Clearance shall first be obtained. 2. A Zoning Clearance shall also be required even if the lessee, operator, or owner of the previous use did not file for or receive a Zoning Clearance. C. Business License. A Zoning Clearance shall be obtained before the City issues a new or modified Business License. D. Change of Tenancy or Ownership. A new Zoning Clearance shall be obtained for a change of lessee, operator, or owner even when the change does not involve a change in the use being conducted on the subject property. The purpose of this provision is to ensure that the new lessee, operator, or owner is made aware of the Development Code requirements applicable to the subject use and any conditions of approval imposed on a discretionary permit authorizing the subject use. E. New Paving or Impervious Surfaces Not Requiring a Construction Permit. A Zoning Clearance shall be obtained before installing asphalt, concrete, or other paving flatwork on the ground that would affect the impervious surface coverage or structure coverage standards specified in Division 2(Zones,Allowable Uses,and Development Standards). F. Other Activities. Any other activities as specified in this Development Code. G. Accessory Dwelling Units: Unless otherwise exempt, a Zoning Clearance for Accessory Dwelling Units shall be obtained prior to submittal of an application for a building plan check and a permit to construct an accessory dwelling unit. 9107.27.030 Review Procedure A. Application. Review of an application for an Accessory Dwelling Unit shall be broadly reviewed by the Development Services Department. Director's Responsibility. The Director shall issue the Zoning Clearance only after first determining that the request complies with all Development Code provisions applicable to the proposed use or structure. . Form of Approval 12 1. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant,or other certification, at the discretion of the Director. 2. The approval shall reference this Section. D. Procedures and Review for Accessory Dwelling Units 1. The Director will approve or disapprove of an application for an accessory dwelling unit permit within 120 days after receiving a complete application. Certain accessory dwelling units may have a specific, adverse impact upon public health and safety. If the Director makes a finding, based on substantial written evidence, that the accessory dwelling unit would have a specific, adverse impact upon the public health and safety, the application may not be approved. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 2. Except as otherwise provided in this chapter, the construction of an accessory dwelling unit shall be subject to the applicable fees adopted by the City. Post Decision Procedures The procedures and requirements in Section 9108.11 (Permit Implementation,Time Limits, and Extensions), and those related to appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply following the Director's action on a Zoning Clearance. Definitions Accessory Dwelling Unit.Accessory Dwelling Units . .. . . . . ••. . .. .. . , - . uatria u i iauiities, aHU a,c ueiauReu- um u e mai-ft-dwelling unit on a single family lot. are residential dwelling units that are detached from, attached to, or located within the living area of an existing primary dwelling unit, and provides independent living facilities for one or more persons. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1, and structures defined in Health and Safety Code section 18007.Accessory Dwelling Units are subordinate in size, location, and appearance to the main dwelling unit. Architecturally and Historically Significant District. A group of buildings,properties or sites that has been designated, as a Historic District or Individual Resource in California Register of Historical Resources and/or National Register of Historic Places. Car Sharing. The provision of designated germane, parking spaces for membership-based car sharing vehicles that charges a use-based fee related to a specific vehicle, primarily for hourly or other short-term use through a self-service fully automated reservation system, but not by means of a separate written agreement that is entered into each time a vehicle is transferred to a customer. Living Area. The interior habitable area of a dwelling unit, including basements and attics,but not including a garage or any accessory structure. Public Transit. An officially designated, permanent location for a public bus stop, train or light rail station or car sharing service. Zoning Clearance.A nondiscretionary administrative verification procedure used by the City to verify that a proposed land use, improvement, or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use, improvement,or structure. See Section 9107.27(Zoning Clearance). Zoning Clearance (ADU). A ministerial verification procedure used by the City to verify that a proposed, non-exempt ADU complies with the development standards applicable to the zone, use,improvement, or structure. 13 [Deleted text is highlighted in -trikethrougl and added text is highlighted in ',old italics] 9102.01 Residential Zones 9102.01.030 Development Standards in Single-Family Residential Zones(R-M, R-0, R-1) Table 2-2 General Development Standards for Single-family Residential Zones(R-M, R-0, R-1) Development Feature R-M R-0 R-1 Additional Requirements Additional rear setback of one foot required on each story for every 10 Rear-first or single story 25 ft 35 ft 25 ft feet above 150 feet of lot depth. See .uosecr;on nuz.ui.u4( lAdaitional Residential Development Standards in Single-family Residential Zones). 9102.01.040 Additional Residential Development Standards in Single-Family Residential Zones B. Front Setbacks—Additional Standards in R-M,R-0,and R-1 Zones 1. Front Setback Exceptions a. Front Setback Exception: R-M Zone. The front setback shall be the average of the two nearest developed lots that front on the same street .4t the time a building permit is issued, unless a greater setback is specified in Subsection 9103.01.060(Setback Measurements and Exceptions). b. Front Setback Exception: R-0 Zone.The front setback shall be the greater of(a)35 feet; and (b)the average of the two nearest developed lots =' f`-, time a building permit is issued, unless a greater setback is specified in Subsection 9103.01.060(Setback Measurements and Exceptions). c. Front Setback Exception: R-1 Zone.The front setback shall be the greater of(a)25 feet; and (b)the average of the two nearest developed lots at the time a building permit is issued, unless a greater setback is specified in Subsection 9103.01.060(Setback Measurements and Exceptions). 9102.01.070 Swimming Pools, Spas,Water Features, and Ornamental Features 3. Minimum Side and Rear Setbacks. All water features -1 ralgted that require extern?'mechanical equipment shall comply with applicable side and rear setback requirements of the accessory primary structure. 9102.01.060 Accessory Structures in Single-Family Residential Zones 9102.01.060 Restrictions on Number and Use 5. Bedr Rooms aitu %,iosett.. Nor - ::•• - - - more than one room is arc allowed within the accessory structure, aside from a bathroc, containing a sink, toilet and/or a shower. 9102.01.100 Additional Residential Development Standards in Multifamily Zones Setbacks when Abutting a Single family Zoned Property 1. When abutting a single family zoned property, any structure shall be setback a minimum distance of 20 feet. 2. Where a property line abuts a dedicated alley which separates the property from abutting a multi-family zoned property, the setback shall be measured from the centerline of the alley, and no portion of any structure Exhibit B Page 1 shall encroach through a plane projected from an angle of 45 degrees, as measured at the ground level afnnn tho rontorfinn of any alley. 9102.01.050 Permitted Projections in Single-Family Residential Zones A. Permitted Architectural Projections in Single-Family Residential Zones. In R-M, R-0, and R-1 zones, architectural and similar features may extend into required setback areas as identified in Table 2-4(Permitted Projections and Encroachment into Required Setback in Single-Family Zones). B. Mechanical Equipment Projections in Single-Family Residential Zones. Mechanical Equipment Projections in Single- Family Residential Zones. Mechanical equipment shall comply with the required setbacks set forth for the structure the mechanical equipment will serve. Exceptions: (1) Tankless water heaters may encroach into the required side and rear setbacks by 30 inches. (2) Mechanical equipment serving swimming pools, spas, and water features shall not be set back less than three feet from the rear property line. 9103.01.070 Vehicular Visibility Standards A. Purpose.To safeguard against vehicular, bicycle, and pedestrian collisions caused by visual obstructions at street and alley intersections, and at any point where a driveway intersects a street or alley, there shall be no visual obstruction within the standard vehicular visibility area established in this Section. B. Vehicular Visibility Area Requirements. Within 25 feet of an intersection of a vehicular way with a vehicular and/or pedestrian way; no buildings, structures,fences, walls, shrubs, landscape, architectural features, or dense landscaping shall exceed a height of three feet as measured from the surface of the vehicular ways. See Figure 3-5 (Vehicular Visibility- Driveways and Intersections)for standards for lots with and without sidewalks. C. Off-Street Parking Location. Off-street parking shall not be located within any required clear site or vehicular visibility area on a corner lot. Exhibit B Page 2 Figure 3.5 Vehicular Visibility—Driveways and Intersections(Updated the diagrams) Standards Standards Without Sidewalk With Sidewalk 25'-0" Curb 25'-0" Sidewalk Curb Parkway , I I —3'-0"Maximum 15.4y. 3'-0"Maximum Driveway < I Fence and/or shrub Driveway Fence and/or shrub q • In n .. Driveway 415'-0" A I Exhibit B Page 3 Section 9103.05 Fences,Walls, and Gates Section 9103.05.030 Development Standards C. Residential Zones 2.Special Regulations for Fences,Walls,and Gates Located in the Front Setback—Residential Zones a. R-M and R-0 Zones (1) A solid wall adjacent to the side property line may be allowed in the front setback area, provided that it does not exceed four feet in height. (2) Only one pedestrian gate with decorative columns shall be allowed within the front setback area. (3) All fences shall be of open work design(a minimum of four inches between vertical and horizontal members.) A two-foot high solid wall may be combined within the allowed height of the decorative fence. Refer to Figure 3-10(Fence in R-M and R-0 Zones). b. R-1 Zone (1) All fences shall be of open work design(a minimum of four inches between vertical and horizontal members.) A solid decorative masonry base for fences may be allowed in the front setback area, provided that it does not exceed eight inches in height. Refer to Figure 3-11 (Fence in R-1 Zone). (2) A solid wall adjacent to the interic:- side property line may be allowed in the front setback area, provided that it does not exceed three feet in height. (3) Only one pedestrian gate with decorative columns shall be allowed within the front setback area. D. Commercial Zones 1. Fences, walls, and gates shall not allowed along the street frontage(s), except to enclose a ground floor landscaped court setback or an outdoor dining area. Any gate placed across the court setback opening or outdoor dining area shall have a minimum of 50 percent transparency. 2. Fences and walls located at rear and interior side setback areas are limited to six feet in height. Exhibit B Page 4 Section 9103.07-Off-Street Parking and Loading 9103.07.060 Off-Street Parking for Non-Residential Uses K.Parking Stall and Drive Aisle Size: Commercial,Mixed Use,and Industrial Zones 1. Commercial, Industrial,and Mixed Use Zones. Drive aisles and parking spaces in commercial zones shall have the minimum dimensions listed in Table 3-9 (Standard Vehicle Space Requirements-Commercial, Industrial, and Mixed Use Zones). Table 3-9 Standard Vehicle Space Requirements—Commercial, Industrial, and Mixed Use Zones Aisle Width Parking Stall Angle Stall Width(1) Stall Length One-Way Two-Way Standard Parallel 10 ft 24 ft 14 ft 20 ft 30-Degree 9ft 20 ft 16 ft 20 ft 45-Degree 9ft 20 ft 16 ft 20 ft 60-Degree 9ft 20 ft 20 ft 20 ft 65-Degree 9 ft 20 ft 18-75-ft 19 ft 18 75 f-19 ft 90-Degree 9 ft 18 ft(2) 25 ft 25 ft Notes: (1) Minimum stall width for stalls adjacent to a wall shall be 11 feet,six inches. (2) Exception:Minimum stall length shall be 20 feet for each parking space adjacent to and facing a wall,building,walkway, utility cabinet,or structure.See also Subparagraph 9103.07.060.P(Wheel Stops or Planter Curbs). 9103.11.040 Exempt Signs The signs listed in this Section are exempt from the permit requirement and do not count toward the total display area limit which is otherwise applicable. However, the signs described in this Section shall be subject to the applicable safety codes and to all other applicable laws.Any such exempt sign shall not block or interfere with the visibility triangle. G. Signs Advertising Properties for Sale or Lease 1. Only one sign advertising properties for sale or lease shall be allowed per property per street frontage. Signs shall be limited to a total height of six feet with maximum face area size of four square feet in residential zones and 24 square feet in non-residential zones. 2. Primary sign may have one secondary attached sign not to exceed one square foot, and one brochure box. 3. The sign may be placed in a yard, in a window,or on a wall. Exhibit B Page 5 9104.02.220 Mobile Food Vending A. Purpose and Applicability.The purpose of this Subsection is to ensure that off-street mobile food vending is compatible with surrounding and adjacent uses and does not create an adverse impact on adjacent properties by reason of noise, parking and litter. Mobile food vending in the right-of-way is subject to Arcadia Municipal Code Section 3231 et seq. (Selling and Distributing on Streets). B.Special Events that Include Mobile Food Vending.The provisions of this Subsection shall not apply to persons operating a mobile vendor vehicle as part of a certified farmer's market,or an authorized street fair or other event occurring under a special permit issued by the City of Arcadia, provided that the vehicle is part of the event and is complying with all terms of the permit or permits issued for the event. C Bening-Clearance Temporary Use Permit Required.No mobile vendor vehicles shall operate on private property without filing for and receiving approval of a Zegirlg-Cleafartere Temporary Use Permit. No Zoning CI rancc Temporary Use Permit shall be issued for a mobile vendor vehicle unless it conforms to the requirements of this Subsection and the findings can be made under the Temporary Use Permit requiren ven ms. D.Operational Requirements. Mobile vendor vehicles operating on private property shall comply with the following requirements: 1.Written Approval of Owner.The written approval of the owner of the location shall be obtained. A copy of this approval shall be provided to the Director with the Zoning Clearance Temporary Use Perm application, prior to operating at the location. The vendor shall maintain proof of the owner's approval in the vehicle. The person operating the mobile vendor vehicle shall present this proof upon the demand of a peace officer or city employee authorized to enforce this article. 2.Impervious Surface Parking.The vehicle shall only be stopped, standing or parked on surfaces paved with concrete, asphalt or another impervious surface. 3. Litter Removal.The mobile vendor vehicle and surrounding property shall be maintained in a safe and clean manner at all times.The mobile food vendor must remove litter caused by its products from any public and private property within a 25-foot radius of the vending vehicle's location. Section 9105.07 Additional Subdivision Procedures 9105.07.030 C. Processing of Lot Line Adjustment Application-Findings Required for Approval 1.The Director may approve a lot line adjustment only after first making all of the following findings d. The lot line adjustment does not create additional lots or-delete-a-let; Section 9107.03 Application Processing Procedures 9107.03.010 Purpose and Intent A. This Division provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by the City and specified in this Development Code. Exhibit B Page 6 B. Table 7-1 (Review Authority), identifies the Review Authority responsible for reviewing and making decisions on each type of application required by this Development Code. Table 7-1 Review Authority Applicable Role of Review Authority(1) Type of Action Code Section Director Commission Council Legislative Actions Development Agreements and Amendments 9107.11 Recommend(1) Recommend Decision Development Code Amendments 9108.03 Recommend(1) Recommend Decision General Plan Amendments _ 9108.03 Recommend(1) Recommend Decision Specific Plans and Amendments _ 9107.21 Recommend Recommend Decision Zoning Map Amendments 9108.03 Recommend Recommend Decision Planning Permits and Approvals and Administrative Actions Administrative Modifications 9107.05 See Table 7-2 for specified thresholds Certificates of Demolition 9107.07 Decision Appeal Appeal Conditional Use Permits 9107.09 Recommend Decision(2)(4) Appeal Home Occupation Permits 9107.13 Decision(3) Appeal _ Appeal Interpretations 9101.03 Decision(3) Appeal Appeal Minor Use Permits 9107.09 Decision(3) Appeal Appeal Planned Developments 9107.15 Recommend Decision(4) Appeal Reasonable Accommodations 9107.17 Decision(3) Appeal Appeal Sign Permits 9103.11 Decision(3) Appeal Appeal Site Plan and Design Review 9107.19 Decision(3) Decision/ Appeal (See Table 7-3 for specified thresholds.) Appeal(4) Temporary Use Permits 9107.23 Decision(3) Appeal Appeal Tree Encroachment, Preservation, and 9700 See Section 795 9702.01.04, for specified thresholds Removal Variances 9107.25 Recommend Decision(4) Appeal Zoning Clearances 9107.27 Issue Appeal Appeal Exhibit B Page 7 Section 9107.05 Administrative Modifications 9107.05.040AIlowed Modifications, Review Authority, and Noticing Requirements A. Table 7-2. In order to secure an appropriate improvement of a parcel, prevent an unreasonable hardship,and/or to promote uniformity of development, the applicable Review Authority shall have the authority to approve, conditionally approve, or deny Administrative Modifications for those matters specified in Table 7-2 (Allowed Modifications, Review Authority, and Noticing Requirements), below. Table 7-2 also identifies the applicable Review Authority responsible for reviewing and making decisions on each type of Administrative Modification application allowed by this Section, as well as the type of notice or hearing, if any,required by this Section. Table 7-2 Allowed Modifications, Review Authority, and Noticing Requirements Minor Director's Major Director's Commission's Type of Administrative Modification Allowed Review Review Review No Notice or Notice,but No Notice and Hearing Required Hearing Required Hearing Required Accessory dwelling units-unit sizes X Additions to nonconforming single-family residential properties X (small)(Subparagraph 9106.03.030 A.4.) Alterations and/or expansion of nonconforming uses and X structures Apartment unit sizes X Conversions of existing attic areas within main dwellings in the R- X M, R-0,and R-1 zones; provided the requests do not result in an additional structure story or any exterior alterations within required setback areas Distance between structures X Driveway and parking stall size requirements(Residential zones) X Driveway and parking stall size requirements(Commercial, X Industrial, and Downtown zones) Fence,wall, and hedge regulations,except along the street side X of a corner parcel Fence and landscaped buffer regulations(Subsection X 9106.09.020 B.) Front lot line determination X Front,side,or rear setbacks;provided a setback from a street X X shall be modified only with a written declaration of the City (For Special Engineer that the modification, if granted,will not adversely affect Setbacks Only) any foreseeable need for widening the street Height of noncommercial structures-Solar panels only X Height of noncommercial structures X Interior side setbacks in the R-M, R-0,and R-1 zones for X detached accessory structures(with the exception of guest Interior side setbacks in the R-M, R-0, and R-1 zones for single- story additions to an existing dwelling where the portion of the addition(s)which does not comply with the setback requirements consists of a total of 30 linear feet or less and maintain(s)the same or greater setback than the existing structure walls; and further provided,a minimum interior side setback of three feet in the R-1 and five feet in the R-M and R-0 zones is maintained Interior side setbacks in the R-M, R-0,and R-1 zones tu. single-story additions to an existing dwelling where the Exhibit B Page 8 Table 7-2 Allowed Modifications, Review Authority,and Noticing Requirements Minor Director's Major Director's Commission's Type of Administrative Modification Allowed Review Review Review No Notice or Notice,but No Notice and Hearing Required Hearing Required Hearing Required portion of the addition(s) which does not comply with the setback requirements consists of a total of more than 30 linear feet and maintain(s)the same or greater setback than the existing structure walls;and further provided,a minimum interior side setback of three feet in the R-1 and five feet in the R-M and R-0 zones is maintained Landscaping Standards X Exhibit B Page 9 Section 9107.17 Reasonable Accommodation 9107.17.060 Findings and Decision A. Findings. The written decision to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shall be based on consideration of all of the following factors: 1. Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts; 2. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts; 3. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; 4. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning; 5. Whether the requested Reasonable Accommodation would have i otential impact on surrounding sites and uses; 6. Whether the pPhysical attributes of the property and structures .e suitable to support the Reasonable Accommodation;and 7. Other Reasonable Accommodations that may provide an equivalent level of benefit. Exhibit B Page 10 Section 9107.23 Temporary Use Permits 9107.23.050 Allowed Temporary uses The following temporary uses are allowed, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Subsection 9107.23.090 (Conditions of Approval), below. Activities conducted on sites located within the RTE (Race Track Event) Overlay or S-1 zone may be allowed longer or recurring time periods within which to operate in compliance with Subparagraph 9107.23.030 D. (Applicable Review Authority), above. A. Car Washes. Car washes, limited to one event each month for each sponsoring organization, not exceeding three days in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts,or to tax exempt organizations in compliance with 501(c)of the Federal Internal Revenue Code. B. Contractors' Construction Yards—Off-Site. The permit may be effective for up to 12 months, or the expiration of the companion Building Permit,authorizing the construction project,whichever first occurs. C. Events 1. Amusement rides, arts and crafts exhibits, auctions, carnivals,circuses,concerts,fairs,farmer's markets,festivals,flea markets, food events, outdoor entertainment/sporting events, non-profit fund raising, rodeos, rummage sales, second- hand sales, mobile food vending as specified in Section 9104.02.220 and swap meets for 14 consecutive days or less,or six two-day weekends,within a 12-month period. 2. Outdoor displays and retail sales events conducted by a retail business holding a valid Business License in the City may be allowed a maximum of three outdoor retail sales events (excluding City sponsored activities) each calendar year in compliance with the standards identified in Subsection 9104.02.110 (Display and Retail Activities– Outdoor). For purposes of this Subsection an outdoor retail sales event shall be no longer than four consecutive days in duration. 3. Outdoor gatherings/meetings and group activities for seven consecutive days or less,within a 12-month period. 4. Outdoor vehicle sales events conducted by established vehicle sales facilities for 30 consecutive days or less,within a 12-month period. 5. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sales lots) only by businesses holding a valid Business License in the City; provided the activity may only be held from October 1st through October 31st, of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th,of the same year for Christmas tree sales. 6. Any temporary use deemed appropriate by the Director, including the duration of the temporary use. 9107.23.070 Action by the Review Authority B. Public Notice and Hearing Not Required for the Director's Action on a Temporary Use Permit 1. Director's Actions – Citywide. The following notice and hearing provisions shall apply City-wide, except for those activities on sites located within the RTE (Race Track Event) Overlay r Section 9107.23.030.3 or S-1 zone. ;ee _-e:. -. .:• E. : -- .. :• - -..• .. -• iay or S 1 zone), below for sites iocaicu within the RTE(Race Track Event)Overlay or S 1 zone. a. Neither a public notice or hearing shall be required for the Director's decision on a Temporary Use Permit application. b. However, the Director may choose to provide for a public notice and hearing, in compliance with Section 9108.13 (Public Notices and Hearings) Exhibit B Page 11 2. .. .. e . •• • .:••:'.•.- • _.. • ! . ..•-i . A.. ..: A • - - A s ..- .•: — - - ' -• - • --. .e• • e=. . •. . tee -- .e.. - •- - - r . _ - , - .. . .ii .. .- . - - 3BPlIc3t+AffS- 9108.13.060 Decision and Notice B.Notice of Decision 1. Provision of Notice. Within 10 days following the final decision on an application for a permit or other approval required by this Development Code, the City shall provide notice of its final action to the applicant and to any person who specifically requested notice of the City's final action. 2. Contents of Notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest,safety, and general welfare of the City,and the procedure for appeal. 3. Delivery of Notice. The notice of the final decision shall be delivered by first class, .. .- - •- - - •• return receipt requested. 9107.19.040 C. 3. During the course of the review process,the Review Authority may require the submittal of additional information or revised plans. The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the Department within iO 90 days following the date of the notice or within the period of time designated by the Review Authority. Failure to submit the required information by the end of the business day on the 0th day, or within the period of time designated by the Review Authority, shall cause the City to consider the application withdrawn and of no further effect. Exhibit B Page 12