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HomeMy WebLinkAbout0117 . . RESOLt1l'ION NO .111 A RESOLU'l'ION Olf THE CITY PLANHIHG COlllJllISSION Olf THE CITY Olf ARCADIA, CALIIPORNIA, DECLARING ITS Itn"JSni'.ION TO IHS'tITO'l'E PROCEEDINGS FOR THE CONSIDERA'l'rON OP AND MAKING RECOJlllllERDA'fIONS CONCERNIHO THE AllEllDMBR'l' OF SECTION 5-' AE SEC'l'ION 15, SUBDIVISION A,SUBSEC'l'ION 2, SUBDIVISION A, SUB- PARAGRAPH 1 Olf ORDINANCE NO. 760 Olf THE CITY OF ARCADIA. THE CITY PLANNING COIlO([SSION Olf 'tHE CITY Olf ARCADIA,CALIIPORNIA, DOES HEREBY PDm, DJn'JSftIIIJ.alJ~ AlID RESOLVE AS FOLLOWS: SECTION 1. That the public health and weltare ot the City ot Arcadla and the lnhabitanta thereot require the cOl'l8ideration ot and ~he institution ot proceedings relative to the emendlllent ot Sect10n 5-11 ot Ordinance NO.76O ot said Clty byprohib1ting the conlttruct1on ot more than one dwelllng on any lot in Zone R-l except upon i8suance ot a special use pe1'lll1t b... 1L l l r. ). in accordance with the procedures and regulations to be dete1'lll1ned ln this proceeding. and relative to the amendment ot Sectlon 15, Sub-dlvlsion A, sub- section 2, subdivision a, sub paragraph 1 ot Ord1nance Ho.760 by requiring no1ile8s 1iII8D' 1.5 parking spaces tor each dwelling unit hereatter constructed in the City ot Arcadia. SECTION 2. That Tuesday, September 8 and Tuesday, September 22, 1953, at the bour ot 8:00 P .11I., ln the Council Chambers ot the City Hall. 240 W. Huntington Drive, Arcadia, Calitornia, are herein tlxed and dete1'lllined as tbe dates, hour and place ot the bearings tor the consideration ot sald matters. The Secretal'7 shall certify to the adoption ot this Resolution and shall have and cause to be publlsbed notice ot the dates, place and purposes ot the said hearings in the manner required by law. I HEREBY CERTIFY that the toregoing Resolutlon was adopted by ... the City Planning Commiss1on at a regular meeting held on the 11th . . dS7 ot August, 1953, by the tollowing vote: AYES: Commissioners Anderson, Belser, Knopp, Pratt and Robertson NOES: ,None ABSENT: Commissioners Berky and Sorenson ATTEST: ~\rIv c:J1., T re~81'J Q~. .- JI"-"" 1.:..... ". .' . . , . . . . . AYES: Collllllissioners Anderson, Balser, Knopp, Pratt and Robertson. ROES: None _, C'....oi'M" ""'" ed ..~-? _ ~. ~~ ATTEST: -10- . . Section 2. '!'hat Section 18 ot said Ordinance No.760 be repealed. . SECTION 3. 'Chat Sub-section D of Sections 4, 5, 6 and 7 o~ said Ordinance Ro.760 be 8111el'lded b1' deleting ~rom each thereof' the words "and providing :f."azother that accenor;r buildings shall be loeated not les8 than Fif'teen (15) feet tl'01ll the side street lot line" SECTION 4. That paragraph D of Section 15-C-3 of said Ordinance NO.760 be amended to read as tollows: "An acce88or;v bu11d1.ng not IIOre than one ( 1) stor;v 1n helght, whether or BElt an lntegral part ot the main building, \ll&Y occupy not IIOre than twent1'-f1ve (25) percent of a required rear ;rard. No accessol'J bu:4lt.ding over one (1) story 1n neigbt shall occup1' any part ot a required rear yard. An accessory building 1Ibich is not an integral part Elf the main building shall lae not leas than Fifteen (15) feet from the main building. On corner 10t8 an accessor;v building whether or not an integral part of the main 4It building shall be not les8 than ten (10) feet frolll the side street line. On cornel' lots an accessor;v building which is not an integral part ot tbe main bu11d1ng shall be not less than three (3) feet from the rear lot l1ne. On corner lots an aecesaor;v build1ng which 1s an integral part ot the III8.1n building shall: be not less than ten (10) feet from the rear lot line. On reverse corner lot a an acces80~ . I. r> build.lng whether or not an 1ntegral part of the main building 8hall be not less than t1fteen (15) teet trom the Bide street line. On reverBe corner lota an accessor;v building which 1s not an iDtegral part of the ma1n building shall be not less than flye (5) feet trom the rear lot 11ne. On reverse corner lots an accessor;r building which is an integral part ot the main buildlng shall be not less than ten (10) teet ~rom the rear lot l1ne. The Secretary shall cert1t';y to the adoption of this Re- aolutioD and shall cause a copy of the aame to be forwarded to the Cit1' Council of' theClt1' of Arcad1a. I HEREBY CERTIFY that the toregoing Reaolution was adopted by the city Pl~~pi~ Comadasion at a regular meeting held August 11, 1953, b1' the following vote: -9- . . . M. PROCEDURE l'QR MODIFICATION COJolMIT'fEE. The procedure ot grant- ing mod~flcationB b1' the IIIOditlcation commtttee shall be the same as the proced1.1re tor grant1.'lIg" "ariances by the Plann1ng Commlaslon except that DO notlce ot pub11c hear1ngw1l1 be required 1t the applicat10n tor such mod1tlcat1on 1s ac- companied b1' the .rUten oOnsent ar the owners (as used in 16 Section/Paragraph B-1 here1n"efore) ot all: p:t'oplli'1l~ abu;tMpg,'o,1' within 65 teet ot subject propert7. Appeals trom decis10ns of the Mod1tication Committee shall be made to the Planning Com- mission. Alter action on an appeal by the Plann1ag CoBB1aalon an appeal may be made to tbe City Counc1l 10 tbe same lIlUU1er as an appeal for a varlance. . SECTION 17. SPECIAL USES. Allot the following, and all matters directly related thereto, except as specltically perm1tted in Zone 8-1 under Section 13 hereot, are hereb1' declared to be spec~ u8es, and author1ty tor the location and operatioD thereot shall be granted only under the proTlsions of and upon compliance with the procedure outlined tor variances. 'fh1s declarat10n 1s based upon the tact that allot the uses here1n enumerated possess characteristics ot unique and speclal toras as to make 1IIIpract1cal their balng automat1cally 1ncluded 1n any classes of use as set forth 1D the various zones hereindet1oed. . l. Air ports 2. Cemeterles 3.. Cremator1es 4 ColUlllbar1wu 5. Establishments or enterprlses involving large aS8emblages ot people orautolllO"iles including a. Allluselllent parks b. Clrouses e. Fair&rounds d. Exposi tiODB e. Pairs t. Ezhlblts g. AutolllObile shows h. Pageants i. Displays j. Open air theatres k. Race tracks (other than for borse racing, harness horae racing, and track meets) 1. Recreational oenters m. Hospitals and san1tariUlUl 6. ~: Institutions ot a pbilanthropic or eleemosynary nature Mausoleums Natural resources, development ot, together wlth necessary Buildings, aparatus or appurtenances incident thereto. Rad10 or telev1810n transmitters Riding academies. -8- 9. 10. . . . . committee composed of three persons, . to-wit: 1. The Chairman of the Arcadia Planning Commission, or such member of the Plan- ning Comidssion as the Chairman may from time to time designate. 2 . The Building Inspector of the City of Arcadia, or during his absence, disability ot disqualification, his deputy so designated by him. (3) The City Engineer of the City of Arcadia, or during his absence, disability or disqualification, his deputy so designated by him. The Secretary ot the Planning Commission shall serve as the Secretary of the Modification Committee, and the records of said Committee shall be at all times available to the Planning Commission. The Chairman shall be the Planning Commission member thereon. Said Modifi- cation Committee shall meet at the call of the Chairman, to consider applications as provided'berein and all such meetings shall be open to the publ1.c. L. AU'l'HORITY OF MODIFICATION COMMITTEE. The Modif1cat10n Corami ttee shall have author1ty to grant. subject to appeal to the Plann1ng Commission and the City Counc11 under the provis1ons of this Ordinance the following: 1. Permit the modification or waiver of the automobile parking space requirements in the R-O. R-l, R-2 and R-3 zones where, in the particular instances, such modifi- cation will not be inconsistent with the purpose and intent of this Ordinance. 2. Permit such modification of the yard and lot area re- gulations as may be necessary to secure an appropriate im- provement on a lot, to prevent unreasonable hardship, or to promote uniformity of improvement. 3. Permit such modification of fence. wall, hedge and sign regulations as may be necessary to secure an appropriate improvement of a lot. The Modification Committee may in its discretion, refer to the Planning Commission any application for modification for decision by the Planning Commission without further fee to the applicant. -7- . . . tbe appllcant, or BnJ' other person aggrteved# shall appeal tberefroa in 111"1 tiog to tbe Ci t1' Counell b7 tll1ug sucb appeal to tbe Oit)" Clerk. At its next regular meetlog atter the tllil'l8 at sucb appeal with the City Clerk, tbe Clt)" Council shall set a date tor a hearing tbereon. The matter of setting the bearing, g1vlng of not'J:ee and con- ducting tbe hearlng shall be the same as here1nbetore prea- crlbed for bearing by the Planning Collllll1ss10n. The decision appealed tro. sball be atflrmed unless reversed b1' a vote ot not less than tour (4) meabers ot the Cit1' Council. No pel'lll1t or license shall be issued tor ~ use 1nvolved in an appllcatlon for a varlance or ~d1tlcation until same shall bave become tinal by reason ot fallure ot 8D7 person to appeal or b1' reason ot the aetlon ot the Clty Council. If the use authorized by variance excoptlon or modif1catlon is, or has been, unused, abandoned or discontinued tor a period of six (6) IDOntbs# or the cond1t10ns of the variance bave not been complied with, sa1d variance, exception or moditlcation, shall become null and void and of no etfect 2. AQHDMBHTS A)JD CHANGE OF ZONE BOUNDARIES. W1thin ten (10) da1's arter f1nal action b1' the Planning Collllllission on an app11cation for amendments of change of zone boundar1es, its recommendations together with a complete record of the . . . case shall be dellvered to the City Counc1l. The City Council atter recelpt of the report and recommendat10ns frolll the Planning Collllll181110n, shall bold a final hearing thereon. The manner of setting tbe hearlng, giving of not lee and conducting the bearing shall be the same a8 hereinbefore prescr1bed tor bearings b7 tbe Plann1ng COIII- 1II188ion. The recommendation of the Plann1ng Commission IIhall be approved wnless reversed ot a vote of not less tban tour (4) members of the City Council. No pel'lll1t or 11cense shall be issued for an;r use involved in an appli- cation for a change of zone until same 8ball have become final by the adoption of an ordinance. K. MOD1J'ICATION COMMI'l"l'EE. There 1s hereb1' created a modification -6- . , . - 'il..'.... "' ", t" ;. '. ~ ..'. ..'~... I ~ .': 'I.... .. ;. ...." ';-, \ .-- ~.J- .~ Ir:,,~,..- I :, ~~rr.... .J .\,~., o"?!' . . . . . at least ten days prior to the time of hearing. 3. With the exceptlon of amendments changing property from one zone to another, or changing the boundary of any zone. no post1.ng or written notices are necessary ~nr Am~nri1"2 the text of th1B O~1nance: however, notice ehe1l be given by publication in the offioial DllVIB- paper at least ten days prior to the hearing. PIace 1'61' "'nicn pUblic noUce has been - given as herein- above required. The Planning Commission may estab11sh its own rules for the conduct of such hearings. A aummary of all pertinent testimony offered at a public hearing# to- gether with the names and addresses of all persons testi- fying shall be recorded and made a part ot the permanent files of the case. Any such hearing may be continued; in which event the presiding officer at such hearing shall, prior to the adjournment of such hearing, announce the time and place to which such hearing will be continued. J. FINDINGS. Within thirty-five (35) days after the conclusion of a publiC hearing upon any matter. the Planning Commission shall render its decision thereon by formal resolution reciting the findings upon which such decision is based. The failure of the Planning Commission to thus render such decision within the time specified shall cause the entire matter automatically to be referred to the City Council, without recommendation, for such action as it deems warranted under the circumstances. In such event the Secretary of the Planning Commission shall im- mediately deliver to the City Council all of the records in the matter. 1. Variances and Modifications. Within five (5) days after final action by the Planning Commission on an application for a variance or modification, notice of the decision in the matter shall be mailed to the applicant at the address shown upon the application and to all other persons who havefiled a written request therefor with the Secretary 01' the Planning Commission. The granting, either with or without oonditions, or the denial of such application by the Planning Commission shall be final unless within ten (lO)days after the decls10n by the Planning Commission -5- ',' . . . C01llll18810n 1n the ad1l1n111tratlon or enforce_nt ot the prov1sions ot thls Ordinance a tee of ..~5.00 tor the tlrst lot or portion thereof plus ~l.OO tor each additional 101>> or portlon thereot. a. INVESTIGATION. The Planning Collll1ssion shall cauae to be I118.de ,by 1ts own members, or members ot its statt, such investigation ot tacta bearing upon such application as Will serve to provide all necess&r7 lntormation to assure that the act10n on each Buch appllcation is consi8tent With the intent ot th18 Ordinance and with previoUB amena.ents, variances or moditicationll. B. NOTICES. The Becretary ot the. Plann1Dg Co1lllll1sBion upon the receipt in proper torm ot any application tor a var1ance or change of zone s&811 tix a time and place for publlc hearing thereon, to be held not less than . ten.. (1.0) days nor Dlore than forty (110) days thereafter. Not less than ten (10) da1'8 betore the date ot such public hearing, public notice shall be glven ot such hear1Dg in the tollowing manner: 1. By _iUng, postage prepald, to the owners ot the property within a radiua of three hundred (300) feet ot the exterlor boundaries of the property involved in the application, using tor this purpose the last known name and address ot such owners as shown upon the assessment rolls ot the C1ty of Arcadia. Such notice sball state the nature ot the request, the location ot the property, and the t1llle and place ot the hearing. 2. For change or zone, in addition to the written notlce above required, the Planning CollDl1saion may' aauae to be po"ted notices headed "Notice ot Hearing tor Change of Zone a which headlng shall be in words not less than one (1) 1nch in height and the notlce to be subetant1all1' the same as the written notices, and shall be posted not more than one hundred feet in distance apart within a three hundred foot radlus, and there shall be at least three ot such notices on each side ottbe property pro- posed to be reclass1tied. Such notice8 sball be posted -4- . . . . . 2. A reterence to the provlsions of the ordbumee tl'ODl whic~ald property is sought to be excepted. D. AMBNDJIIEH'l'S AND CHANGES OF ZONE BOURDARIES. Wbene-rertbe public necesri"ty. convenience, general welfare or good zoning praetlce just1fles such action, the Plann1ng COIlllll1SSiOD' or City COlmcll upon its 01111 motion may, or upon,the veritied application ot any 1nterested person shall, initiate proceed1ngs to change the zones or regulations establll1hed by th1s Ordinance. E. FILING OF APBLICATIONS. Applications for variances, modifications, and changes of zone shall be made 1n writ1ng to the Planning Com- m1ssion and in such tora as is approved by the Planning Comaisslon. The Planning Collllll1ssion ma1' provide forma tor such purposes and may prescribe the type ot lntormation to be provided thereon. No petition shall be received unless it compiles with such re- quirement8. Appllcat10ns tiled pursuant to this Ordinance shall be num~ered consecutivel1' 1n the order ot their tl11ng and shall become a part of the permanent otticlal records ot the City, and there shall be attached thereto copies ot all notlces and actlons pertaining thereto. F. FILING FEES. Before accepting any appl1cation tor tiling, the City shall charge and collect the tollowing tees tor the purpose ot defra;r1ng the expenditures incidental to the proceedlngs prescribed herein. 1. Change of' Zone. For each appl1catlon for a change ot zone a tee of' $35.00 tor the tint lot or portion thereof', plus $S.oo tor each add1tional lot or portion thereof. 2. Variance. Pol' each appllcation tor a variance of use of property a fee of $25.00 tor tbe tirst lot or portion thereof, plus $5.00 tor each additional lot or portloD thereot. 3. Mod1ficatlon. For each application for a mpd1flcation a tee ot $10.00 !pr the tirst lot or portion thereof' plus $5.00 tor each additional lot or portion thereof. 4. Appeal. POI' each appeal to the Plazm1ng Collllll1ssion or City Council from any order, requirement, decision or determination of the 1II0d1fication committee or Planning -3- . . r . . . l118.y in specitic cases initiate proceed1.tlg8 for the granting ot a variance' h'oJD. the proT1B10ns ot this Ord'1mmce under such conditions as ma1' be deemed necessary to assure that the splr1t and purposes ot this Ordinance w111 be observed, public Batety and weltare secured, and 8ubstantial Justice done. All acts ot the P1Anni~ eo_ssion under the provisions ot thls section shall be consL~ued ae ad~n1strative acts pertormed tor the purp0811 ot assuring that" the iDtent and purpose ot thle Ordinance shall apply in speclal cases, a8 pl'Ovided ln this section, and shall not be construed u amendments to the provis10ns ot this Ordinance or map. B. Ii1ECESSARY COHDI'lIORS. Betore a var1ance I18Y be granted, it ehall be shown: 1. That there are exceptional or extraordinary cirewa. stances or conditions applicable to the propert1' involv- ed, or to the intended use ot the property, that do'not appl1' geDerally to the property or class ot use in the same zone or vicinity. 2. That the granting of such variance will not be mater. l~lJ' detrimental to the publiC health or wel1'are or inJuriOUS to the propertJ' or 1IIIprOVeJlleDts 1n such zone or vlc1nit1' ln which tbe property is located. 3. That sucb variance is neeeS881"Y tor the preservation and enjoJlUnt ot a substantial property rigbt ot the applicant possessed b1' other property in the same zone and vic1nity. 4. That tbe granting ot such variance w111 not adverse. ly a~ect the comprehensive general plan. C. INFOlUIA'l'IOIf REQUIRED. Applications tor variances and IIIOd1tlcation8 shall be accompanied by: 1. A plot plan and description ot the property Involv- ed, plans and descriptions ot the proposed U8e ot the property with ground plans and elevatlonll tor all pro- posed buildings. . . -2-