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