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HomeMy WebLinkAbout0428 t u ," . . . . RESOLUTION NO. 428 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE ESTABLISHMENT OF CERTAIN REQUIREMENTS FOR DISAS.TER SHELTERS. WHEREAS, ambiguity has arisen concerning the legal pro- priety of constructing disaster shelters in required tront yards; . I and, WHEREAS, Section 9213 of the Arcadia Municipal Code pro- vides in part that " . if ambiguity exists with re~erence to . matters of height, yard requirements or area requirem~nts as set \ forth herein and as they may pertain to unforeseen ci~cumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts . . . and by resolution of record set Iforth its findings and the reasons therefor;" and, WHEREAS, at an adjourned regular meeting of Ithe City Plan- Commission said Commission ascertained all pertinent facts con- ning cerning the construction of disaster shelters within r,equired front yards; NOW, THEREFORE, THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA DOES HEREBY FIND, DETERMINE, RESOLVE AND RECOMMEND AS FOLLOWS: SECTION 1. That many residential lots in t~e City of Arcadia have been so developed that the houses and required garages i constructed thereon do not permit access to rear yardS for the con- . structionof disaster shelters therein, even when there is suffi- cient area for further construction, and the only praqtical place the owners of such property can provide themsel~es with disaster shelters is in the required front yards of their properties. -1- 428 ...--- \ . . . . SECTION 2. That Section 9220.67 of the Arca~ia Municipal Code defines "Yard" as ". . . an open space on a lot, other than a court, unoccupied and unobstructed from the ground upward." That Section 9220.68 of said. Code defines "Front Yard" as ". . . extend- I ing across the full width of the lot, the depth of which is the mini- mum horizontal distance between the front lot line and a line parallel thereto on the lot." Section 9242 of said Code reads in part "No building shall be erected . . . nor shall any open spaces surround- ing any bUilding be encroached upon or reduced in any manner except I in conformity with the bUi~ding site requirements and the area and yard regulations established by this Chapter for the zone in which such building is located." SECTION 3. That construction of disaster shelters within , required front yards is consistent with the foregoing provisions if , I all of the following circumstances apply: i a. That the entire disaster shelter be constructed below the finished grade of the required front yard. I b. That any access facility located within :the required front yard be not more than one (1) foot above the finished grade of the adjacent front yard. c. That no air intake and waste pipe locat~d within the required front or side yard be higher than four (4) feet above the I adjacent finished grade. SECTION 4. The Secretary shall certify to the adoption . of this resolution and shall c~~se a copy. to be forwa~ded to the City Council of; the City of,~rpad1~. _ __ I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Planning Commission held on the -2- 428 , . . . . 14th day of November , 1961, by the following vot~: AYES: Commissioners Acker, Forman, Michler, Rutherford and Norton NOES: None ABSENT: Commissioners Golisch and Ferguson, .ATTEST: . . . -3- 428