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HomeMy WebLinkAbout1209 ,- . ; . RESOLUTION NO. 1209 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDING DENIAL OF TEXT AMENDMENT 82-5 RELATING TO AMENDMENTS TO THE BUILDING SETBACKS AND WINDOW OPENINGS IN THE C-O, C-l, C-2 AND C-M ZONES AND TO AMENDMENTS TO THE MODIFICATION REGULATIONS TO PROVIDE FOR MODIFICATIONS TO THE WINDOW OPENING LIMITATIONS. WHEREAS, a text amendment was initiated by the City for the consideration of amending the C-O, C-l, C-2 and C-M sections of the Arcadia Municipal Code relating to building setbacks and window openings and to amend the modification regulations to pro- vide for modifications to the window opening limitations; and ,- . WHEREAS, a publicI hearing was held on September 28, 1982, at which time all interested persons were given full opportunity to be heard and present evidence; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ARCADIA AS FOLLOWS: Section 1. That the factual d~ta submitted by the Planning Department in the staff report dated September 28, 1982, is true and correct. Section 2. This Commission finds that the public necessity and general welfare do not justify said text amendment, that said text amendment singles out areas for specific requirements which deprive the c'ommercial property owners of rights which they have had and should continue to enjoy, and that said text amend- ment would not solve the problem of buffering abutting commercial ... and residential land uses. -1- 1209 , , . . . ; , Section 3. For the foregoing reasons, the Planning Commission recommends to the City Council denial of TA 82-5. Section 4. The secretary shall certify to the adoption , of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Planning Commission of the City of Arcadia on the 12th day of October, 1982, by the following vote: AYES: Commissioners Dixon, Kirkpatrick, Kuyper, Jahnke ,- NOES: None ABSTAIN: Commissioner Harbicht ABSENT: Commissioners Sargis and Fee ~~1~ ecretary ~ ' C rman ro-'l'em 2 1209 . . ~ . September 28, 1982 TO: PLANNING COMMISSION CITY OF ARCADIA PLANNING DEPARTMENT' . TEXT AMENDMENT 82-5 WILLIAM WOOLARD DIRECTOR OF PLANNING FROM: CASE NO.: PREPARED BY: GENERAL INFORMATION APPLICANT: REQUEST: . / City of Arcadia Text Amendment' to amend the C-O, C-1, C-2 and C-M sectionsof the Arcadia Municipal Code relating to building setbacks and window openings and to amend the modifi- cation regulations to provide for modifi- cations to the window opening limitations. HISTORY In response to concerns expressed by residential property owners residing next to developing commercial properties (along Foothill Boulevard), the City Council, on May 22, 1982, adopted Urgency Ordinance No. 1747 which imposed a moratorium on the issuance of Building .Permits for applications that propose windows facing abutting R-1 property. The Urgency Ordinance also directed the Arcadia Planning Department to prepare a study of zoning proposals and regu- lations to decrease the impact of development of commercially zoned property on abutting property zoned R-l. On July 20, 1982, the Planning Department's study (attached) was presented to the City Council. The Council then directed staff to proceed with a text amendment which would consider the recommendations of the report. PROPOSAL .' The first proposal is ~o change the existing 55-degree angle limitation (when adjacent to residential zoned property) to . . . T;'A"; . 82-5 " 2. 45 degrees. This reduction would make the angle limitation consistent with what would be permitted if the commercial property were zoned for single family residential uses. There would be only a small reduction in the overall buildable building envelope for a two-story building and no effect on a single~story building ;... . The second proposal is to restrict window openings within certain distances from abutting residential property. Window openings are proposed to be restricted to the same distances as if the commercial property were zoned for single-family residential uses (i.e. not closer than 25' from rear property line for single-story and not closer than 35' for above the first floor). The limitations would not apply to fixed glazed areas which are not transparent or for windows which are located higher than six feet above the floor level. Exceptions to the limitations would have to be sought through the modifi- cation process. . ANALYSIS The report examines a number of potential development regula- tions which would reduce the impact of commercial developments. The recommended regulations would provide some reduction of impacts without precluding the reasonable development of the c9mmercial property. The attached study provides the analysis of the proposed amendments and other alternatives which had been considered. Pursuant to the provisions of the California Environmental QualIty Act, the Planning Department has prepared an initial s~udyfor the proposed text amendment. Said initial study 'did' not: disclose any substantial or potentially substantial adverse change in any of the physical conditions within the 'area affec.ted by the project including land, air, water, mi~erals, flora, fauna, ambient noise and objects of histori- ,c'a-l.o];' aesthetic significance. Therefore, a Negative Declara- 'tlon,has- been prepared for this project. To approve this text amendment the City Council should "move to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment and direct the City Attorney to prepare the ordinance for adoption". . . . -. T.A. 82-5 3. RECOMMENDATION The following sets forth the specific recommended language for each zoning ordinance section: Section 9261.2.3.of the C-O zoning regulations is proposed to be amended to read as follows: ",. . , . "9261.2.3. SIDE YARD. There shall be a, side yard on each of every building in accordance with the following: a. Where the side property line abuts commercial or industrial zoned property, a minimum side yard of three (3) feet shall be maintained. b. Where the side property line abuts a dedicated alley which separates such side property line from abutting commercial or industrial zoned property, no side yard set back shall be required. c. Where the side property line abuts residential zoned property, a minimum side yard setback of ten (10) feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an' angle of forty-five (45) degrees as measured at the ground level along the side property line. d. Where the side property line abuts a dedicated alley which separates such side property line from abutting residential zoned property, the side yard shall have a minimum depth of ten (10) feet. shall be measured from center line of said alley and the forty-five (45) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." Section 9261.2.4. of the C-O zoning regulations is proposed to be amended to read as follows: . "9261.2.4. REAR YARD. There shall be on every lot or parcel of land a rear yard in accordance with the following: . a. Where the rear property line abuts commercial or industrial zoned property, a minimum rear yard setback of twenty (20) feet shall be maintained. b. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting commercial or industrial zoned property, th~ rear yard shall have a minimum depth of twenty (20) feet, and such rear yard may be measured at the ground level from the center line of said alley. . . . T.A. 82-5 4. c. Where the rear property line abuts residential zoned property a minimum rear yard setback of twenty (20) feet shall be maintained, except that no portion of any structure shall encroach through a plane pro jected from an amgle of forty- five (45) degrees as meas~~ed at the ground level along the rear property line. d. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting residential zoned property, the rear yard shall have a minimum depth of twenty (20) feet, shall be measured from the center line of said alley and the forty-five (45) de2ree angle of aforedescribed plane may be measured-at the ground level along the center line of said alley." Section 9261.2.5. of the C-O zoning regulations is proposed to be added to read as follows: . "9261.2.5. WINDOW OPENINGS. Window openings shall be restricted as set forth in the following: a. No window openings for first floor building areas shall be permitted within twenty-five (25) feet of the property lines of abutting residential zoned property. b. No window openings on floor levels above the first floor or for floor levels which are more than two (2) feet above grade shall be permitted within thirty-five (35) feet of the property lines of abutting residentially zoned property. c. Where the side or rear property lines abut a dedicated alley which separates such property lines from abutting residential zoned property, the aforementioned limitations may be measured to the center line of said alley. d. The aforementioned limitations shall riot apply to glazed areas which are located more than six (6) feet above the floor level or fixed glazed areas which are not transparent." Section 9262.2.3. of the C-l zoning regulations is proposed to be amended to read as follows: . . "9262.2.3. SIDE YARD. There shall be a side yard on each side of every building in accordance with the following: . . .. T.A. 82-5 5. . a. Where the side property line abuts commercial or industrial zoned property or where the side property line abuts a dedicated alley which separates such side property line from abutting commercial or industrial zoned property, no side yard setback shall be required. b. Where the side property line abuts residential zoned property a minimum side yard setback of ten (10) feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of forty-five (45) degrees as measured at the ground level along the side property line. c. Where the side property line abuts a dedicated alley which separates such side property line from abutting residential zoned property, the side yard shall have a minimum depth of ten (10) feet, shall be measured from the center line of said alley and the forty-five (45) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." Section 9262.2.4. of the C-1 zoning regulations is proposed to be amended to read as follows: . "9262.2.4. REAR YARD. There shall be on every lot or parcel of land a rear yard in accordance with the following: a. Where the rear property line abuts commercial or industrial zoned property, a minimum rear yard setback of twenty (20) feet shall be maintained. b. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting commercial or industrial zoned property, the rear yard shall have a minimum depth of twenty (20) feet, and such rear yard may be measured at the ground level from the center line of said alley. c. Where the rear property line abuts residential zoned property a minimum rear yard setback of twenty (20) feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of forty-five (45) degrees as measured at the ,ground level along the rear property line. d. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting residential zoned property, the rear . . .' T.A. 82-5 6. yard shall have a mlnlmum depth of twenty (20) feet, and such r~ar yard and the forty- five (45) degree angle of aforedescribed plane may be measured at the ground level along the center 1 ine of said aqey. " Section 9262.2.5. of the C-1 zoning regulations is proposed to be added to read as follows: . '~262.2.5. WINDOW OPENINGS. Window openings shall be restricted as set forth, in the following: a. No window openings for first floor building areas shall be permitted within twenty-five (25) feet of the property lines of abutting residential zoned property. b. No window openings on floor levels above the first floor or for floor levels which are more than two (2) feet above grade shall be per- mitted within thirty-five (35) feet of the property lines of abutting residentially zoned property. c. Where the side or rear property lines abut a dedicated alley which separates such property lines from abutting residential zoned property, the aforementioned limitations may be measured to the center line of said alley. d. The aforementioned limitations shall not apply to glazed areas which are located more than six (6) feet above the floor level of fixed glazed areas which are not transparent." Section 9263.2.3. of the C-2 zoning regulations is proposed to be amended to read as follows: . "9263.2.3. SIDE YARD. There shall be a side yard on each side of every building in accordance with the following: a. Where the side property line abuts commercial or industrial zoned property, or where the side property line abuts a dedicated alley which separates such side property line from abutting commercial or industrial zoned property, no side yard setback shall be rquired. b. Where the side property line abuts residential zoned property a minimum side yard setback of ten (10) feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of forty-five (45) degrees as measured at the ground level along the side property line. . . . T.A. 82-5 7 . c. Where the side property line abuts a dedicated alley which separates such side property line from abutting residential zoned property, the side yard shall have a minimum depth of ten (10) feet, shall be measured from the center line of said alley and the forty-five (45) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." Section 9263.2.4. of the C-2 zoning regulations is proposed to be amended to read as follows: . "9263.2.4. REAR YARD. There shall be on every lot or parcel of land a rear yard in accordance with the following: a. Where the rear property line abuts commercial or industrial zoned property, a minimum rear yard setback of twenty (20) feet shall be maintained. . ' b. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting commercial or industrial zoned property, the rear yard shall have a minimum depth of twenty (20) feet and such rear yard may be measured at the ground level from the center line of said alley. c. Where the rear property line abuts residential zoned property a minimum rear yard setback of twenty (20) feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of forty-five (45) degrees as measured at the ground level along the rear property line. d. Where the rear property line abuts a dedicated alley which separates such rear property line from abutting residential zoned property, the rear yard shall have a minimum depth of twenty (20) feet shall be measured from the center line of said alley and the forty-five (45) degree angle of aforedescribed plane may be measured at the ground level along the center line of said alley." Section 9263.2.6. of the C-2 zoning regulations is proposed to be added to read as follows: . '~261.2.6. WINDOW OPENINGS. . Window openings shall be restricted as set, forth in the following: . . . T.A. 82-5 8. a. No window openings for first floor building areas shall be permitted within twenty-five (25) feet of the property lines of abutting residential zoned property. b. No window openings on floor levels above the first floor or for floor l~vels which are more than two (2) feet above grade'shall be permitted within thirty-five (35) feet of the property lines of abutting residentially zoned property. c. Where the side or rear property lines abut a dedicated alley which separates such property lines from abutting residential zoned property, the aforementioned limitations may be measured to the center line of said alley. d. The aforementioned limitations shall not apply to glazed areas which are located more than six (6) feet above the floor level or fixed glazed areas which a,e not transparent." . Section 9265.2.4. of the C-M zoning regulations is proposed to be added to read as follows: '9265.2.4. WINDOW OPENINGS. Window openings shall be restricted as set forth in the following: a. No window openings for first floor building areas shall be permitted within twenty-five (25) feet of the property lines of abutting residential zoned property. b. No window openings on floor levels above the first floor or for floor levels which are more than two (2) feet above grade shall be permitted within thirty-five (35) feet of the property lines of abutting residentially zoned property. c. Where the side or rear property lines abut a dedicated alley which separates such property lines from abutting residential zoned property, the aforementioned limitations may be measured to the center line of said alley. d. The aforementioned limitations shall not apply to glazed areas which are located more than six (6) feet above the floor level or fixed glazed areas which are not transparent. " . In order to allow for the consideration of exceptions to the window opening limitations, the following amendment to the modification regulations is proposed: Section 9292.1.4. AUTHORITY is amended by adding subsection "17. Window Openings." '. . . . . T.A. 82-5 9. This amendment would permit an applicant to seek relief from the strict adherence to the limitations by filing a modifica- tion application which would be heard by ~he Modification Committee and on appeal to the Planning Commission and City Council. .' . . . . . July 20, 1982 HONORABLE MAYOR and MEMBERS OF CITY COUNCIL ARCADIA, CALIFORNIA SUBJECT: Commercially developed property abutting property zoned R-1 Gentlemen: In response to concerns expressed by residential property owners residing next to developing commercial properties (along Foothill Boulevard), the City Council on ,May 22, 1982, adopted Urgency Ordinance, No. 1747 which imposed a moratorium on the issuance of' Building Permits for applications that propose windows facing abutting R-l property. The Urgency Ordinance also directed the Arcadia Planning Department to prepare a study of zoning proposals and regulations to decrease the impact of development of commercially zoned property on abutting property zoned R-1. The following study (1) identifies the extent and general location of commercial areas abutting R-1, (2) provides a brief history/ background of zoning regulations, (3) outlines development potential, (4) reviews existing development standards, 151 outlines alternatives and (6) sets forth specific recommendations for consideration. IDENTIFICATION OF INTERFACE AREAS A survey of the City's commercial/residential zoned areas disclosed that there are approximately 103 commercially zoned lots which are adjacent to 150 single-family residentially zoned lots. This commercial/residential lnterface is scattered throughout the City. However, there are five major areas wherein most of this interface occurs, which are as follows: 1. The north side of Colorado Place, west of San Rafael Road where there are twb commercial lots adjacent to 9 residential lots. 2. The north side of Live Oak/Las Tunas between Santa Anita and El Monte where there are nine commercial lots adjacent to'14 residential lots. 3. The south side of Foothill Boulevard between First and Fifth where there are thirty-seven commercial lots adjacent to 34 residential lots, . . . 4. The north side of Foothill. Boulevard between First and the easterly City limit where there are thirteen commercial lots adjacent to 19 residential lots. 5. The south side of Live Oak betwe~n Santa Anita and Tyler where there are twenty-one commercial lots adjacent to 23 residential lots. A total of 53 residential lots have their rear yards adjacent to the rear yards of the abutting commercial lots (see illustration . under DEVELOPMENT POTENTIAL(A.1). A total of 56 residential lots have their rear yards adjacent to an alley which separates the properties from the rear yard of the abutting commercial lots (A.2) . A total of 16 residential lots have their side yards adjacent to the rear yards of abutting commercial lots (B.1.). A total of '2 residential lots have their side yards adjacent to an alley which separates the properties from the rear yard of the abutting commercial lots (B.Z. l. A total of 15 residential lots have their rear yards adjacent to the side yards of the abutting commercial lots (C.). . A total of 6 residential lots have their side yards adjacent to the side yards of the abutting commercial lots (0.1.). One residential lot has its side yard adjacent to an alley which separates the property from the side yard of the abutting commercial lot (D.2.). One residential lot (adjacent to City Hall) is bounded on one side and its rear by an abutting commercial lot. ZONING HISTORY/BACKGROUND .' Zoning' regulations were adopted with the intent of setting forth the.general locations for various types and intensities of land uses.. The mixing of non-compatible land uses was prohibited and/or restricted. For example, commercial/industrial and multiple-family uses were prohibited from being developed in the middle 6f, single-family residential areas. Zoning has helped stabilize neighborhoods and their property values. Through zoning, property owners have some idea as to the neighbor- hood's stability or lack of stability. Neighborhood stability was increased in California by the State's requirement that all cities adopt General Plans setting forth the cities' long range land use policies. . -2- . . . . ODe of,ZOQt~ shortcomings is that zoning doesn't deal very well with the interface between commercial/industrial and residential land uses. It is in these interface situations that the rights 'of the adjoini~g property owners are difficult to balance. Any regulations which may be adopted will ,benefit one of the property owners at the expense of the other. The following briefly outlines the history of the City's C-2 zoning development regulations: ' In 1940 the C-2 zoning regulations did not contain any building height, setback or parking requirements (Ord. 439 6/28/40). In 1949 the C-2 zoning regulations did not contain any building setback or parking requirements. A building height limit of four stories or 45 feet was adopted (Ord. 760 5/3/49). In 1954 the C-2 zoning regulations provided for a maximum building height of four stories dr 45 feet, a rear yard building setback of 20 feet (which could be measured to the center line of an adjacent alley), and one parking space for each 250 square feet of building floor area (Ord. 900 12/7/54). There were no side or front yard setback requirements. In 1964 the C-2 zoning regulations were amended and set a maximum building height limit of three stories or 35 feet (Ord. 1238 3/17/64). In 1978 the C-2 zoning regulations were amended and set a maximum building height limit of three stories or 40 feet, that there be a 10-foot side yard setback when adjacent to a residential zone, and that in both side and rear yard setback areas adjacent to the residential zone no portion of any building shall encroach through a plane projected from an angle of 55 degrees as measured at the ground level along the 'side and rear property lines adjacent to said residential ,zone, OT'to the center line of an adjacent alley (Ord. 1628 5/2/78) . Commercial zoning regulations have always permitted a fairly intensive use and development. The range of commercial uses within a given area became narrowed with the adoption of different commercial zone classifications, each setting forth the permitted uses within each such zone. The most restrictive commercial. zone is the C-O Professional Office . Zone, which is intended to allow for offices, professional offices -3- . . . . . and financial. institutions. The C-l Limited Commercial Zone is intended to allow for the same uses as permitted in the C-O zone as well as certain other specific commercial uses. The C-2 General Commercial Zone is i~tended to allow for the same uses as permitted in the C-O and C-l zones as well as other general commercial uses, and a limited amount of manufacturing, treatment, or processing in conjunction with a retail activity. The C-M Commercial Manufacturing Zone is intended to allow for the same uses as permitted in the C-2 zone'as well as specific industrial uses. ' In addition to setting forth the specific uses which may be allowed, zoning regulations have attempted to set forth regulations governing the development of the property, 'such as parking, setbacks, building height, etc. Under zoning regulations commercial property may be developed in a number of different ways. Buildings may be one or more stories in height, parking may be in front, rear or underneath, the building may be built from property line to property line or there may be setbacks on one or more sides,"etc. Projects are,also regulated by building regulations which govern building materials, construction methods, allowable occupancies, allowable window and door openings', etc. The building regulations contained within the City's Building Code were developed in order to provide for adequate fire separation between structures, ventilation, exiting and structural stability. DEVELOPMENT POTENTIAL The following diagrams (A.1., A.2., B.1., B.2. I C., 0.1., and 0.2.) illustrate the potential building bulk, setback and height which are permitted under, the existing commercial and residential zoning regulations'. Following the diagram number is a number which indicates the number of residential,lots which are located in the relationship shown in the diagram. REVIEW OF EXISTING DEVELOPMENT STANDARDS The following section examines the City's existing development standards. COMMERCIAL ZONES Setbacks -4- . . . I?I=:V~ ~rtta? LJNnEtZ- EX\5T1N6 ~ ~ /oNrJ Hr=l6HT . ~~CN'? (-t-Jo I>tiEY ) . er- r- / . ~ . '\S-o Db / / -, I . - I . \ I ~ III 2. I ::J I v' V I i i / - ..-..." '^-e! ~-9!.. ~ x ~l ~ a \ ~ ~.~ ~~ g~ ~\n . ~ / ~ ' ~ B':' ~l ~1 Ii \ i; ~- 1iI~ I 't: '" 4 ~! x_ ~~ - ~ Vl :I: - S 2{H ~~ ~~ . ~i ~~ ~J: -.l':r: 1.&' 1.0' C> .~' "l.s.' "2,,5' < ~ ~\~- >- 'UNt= -za-Jf:= A. \. S~ t.LJt7 ----- . . . r?E'v'~ f'E1ZMf1la? uNOeJ2- e<J$1lN6 rzeJ!.(Z.. .'5t="f&/'-aC- ~ HESl6HT fZp5~cN S (MJ~lb 'J>.UE1 ) ~ ~ \ l . l-;' " I ~ ~. . - . ./ / J I I ~ ~ :J / / I ::J i i . I I 0' ~ // I . ---. l -lfl 4- -----.. l ~I \/1-4. ~ it ~ \{' ~ \ \\- ~ j!. . ~~ ~ \U i~ i ::t. ~~ :1 I -{.' i~ ~ ---- i~ ~ ---... ~~ ,c- i\ ~~ ~ :r~ ~':' -" ~ I 31 ii a ~~ ~~ - - - - J ~~ . -s-X u' 1.P' 10' D 10' I~' .".' .;sl < ~< ~ -). (2.IS7lr7~ ) 'Z.oN~ UN~ A .1... SG. L6r"7 . . . tJE:vEl ~MENT' ~ UNI?f:rZ.. EXl<?T1N6 Lo~ ~ ,'fN!-r) ~/ fZ.e71~ "71r7e")'Aflr) P-Nn HS6HT IZE6ULAI1CN5 (NCJ ~ ) .. N \I I /() ;t ~o ~ I ! . . ( i I .~~ ..... "i I \l1. III :x: ~ ti ~ .~~ ~~ ~ I h ~ ~ ~ '2 ~ .~ ~ - ~ , ~~ ~ ~ ~ ~ ~ _li1 ~ 'J":I: 1.f>' -z..o I 0 5' \0' ~ ~IAL l2e:>\oa..rnN- ) uNe' ~ . p.,. l. I {, LLJTZ7 . . . . ~ F'f:'(lM'1 ta? ~ ~ ~t>J.- 'fZC#L' "1H4? ~ I FeSlnENllAL "71t?E' 'IH-n 1>NV1 Ha6I-fT ~~S On~"lb ~y) 10' 1&' 'fp' .., f4=S1~AL-7' 7a.U=:' ".1.. ,'2- l.6tS ~ ... \ I . ' , I I ~ I . { r I .{ . -il:!.. 00 ~. I J Ul ~ .. i iil ~ .'- J: 1/'. ~...-.,. ! ~i '& '-\\!.. ~ ~ ~ 1 < \J' i~ ~:i I iil~ . ~ ' _:r: ~ I p ~ ~~ < '2.f> I 'l.D' 10 I ~~ :za"u:: D N..J.ei . \ ;~:~',.:" ~",.~ .:,I,--:l.~";iA.r.:':.:~.t - ----... \J) \J1 ~ tl" ~ :2~, ~ ~ ., ~~ ~ ~ ~~. ~--: >.s. ~I ~.. ~ . -i, ~ ~ - . . . . . ~ ,fe2Mrna? Uf\l~ EX\$Tl1-J6 ~ "71r1e "'fNZn ~I f{$l~ ~ "'/NlO /tNV') HaSH! rzt=6aA--r1cNS (NO 1'<<e'I) " · cr- t- ~. .. I '" I i ~~ .~ ~ - iI ~~ F ~ \0' 0 ~. 1.<;' ~Sl c.a~1>-L- rze;.1~ )' "'Z.cNf:=. -z.a..e. f I I ~~ f ~l .. / ,~~ 7: ~ / ~~ ~ ~ I ~l ~~ \ \ \ i~l ~I"\) 'l..&' < (I ~tJ<. . ~ . /' / / / "i/)/ ~........... - ~ ~' ~~ ~ I ~ l ~~ ~t · .~~ ~; 15 l...Of7 . . . ~PMa...rT, f'ElZ.MrlTa? lA-1D~ B<.15f1N6 '7IDE: 'I1>flO ?eT~ }>Nt? HE:.16HT rz.e6~ (No I>U..E'I ) " ~.. i \ _x ~ \ ~~ \ ~ ~ Ii': - &! ~ "'.> iF" ~; ~\{i fE ~ ~~'31 I .... o I . I ~ · ;!: I III z :J ~ :J! .. -." ~ ~ rt'~ ~ ~lI\ ~~ V' ~ ~ Id ~ '" · n ~~ ( 10' 6 Silo' CL>MM~ /Zi3?lnl3Jl1JI.L 'Z4Je "Z4J~ 'l.l> I . '. '> D.1. ~ L.OlS '. I I Ul Z 3 ~. ~ \f I ..... ..... , ~ ~ m :r ~ ~ ~4 ~~ P'-" . . ~ fa?MrTJa? UNr?I=lL 6<Jsn~ ?Ir.;e 'IPfl.r) ~ I+JY) f-fE!6rrr JZtiSUP;T/aJ5 ~Lb /:>UEY) III z :J 0' I'\. V . . J> -j( r 1 I .~ ~ III z :J . I '. \1l ~ 'i" 10' 0 <E-- N.J..e:i 10' I~' 'fp' )> tJ.'t. IlOT . . . In most of the City's commercial zones a building may be constructed without front or side yard setbacks. However, a ,twenty-foot rear yard setback is required. When the commercial rear yard is adjacent to a public alley, the required twenty-foot rear yard setback may be measured from the center line of the alley. This allows for greater flexibility in the design and development of the commercial property while providing a greater sep'atation from the residential property across the alley than is provided in developments which are not adjacent to public alleys. When a commercial rear or side yard is adjacent to a residential zone there is the additional setback requirement which requires that no portion of any structure shall encroach through a plane projected from an agle to 55 degrees as measured at the ground level along the side (rear) property line. Increasing the existing required commercial buildLng setbacks so as to provide for a significant reduction in visual sight lines would not be effective. The only way to effectively reduce visual intrusion is to eliminate or block off the sight lines. . Building Hei~ht Commercial buildings are limited to three stories or 40 feet in height. An additional ten feet in height is allowed for mechanical equipment. The allowable number of stories has been reduced over the years, and the setbacks have been made more restrictive, particularly when commercial zones are adjacent to residential zones. . As commercial land becomes more limited and valuable, more efficiencies must be designed into the projects to make them "pencil out". One of the trends towards making projects economically feasible is to construct the building over the required parking spaces. On larger commercial projects the parking 'may be provided in subterranean parking areas. On small projects it is not feasible to provide subterranean parkingso the parkLng Ls often provided at or near grade level and the building is located at least partially above said parking. Up to this point most of the commercial projects in Arcadia are relatively small and subterranean parking has not been really utilized. What will probably be the trend ynder the existing code pro- visions will be for one and two stories of office development located over one level of surface parking. -12- . . . Windows . Window openings are not regulated by the City's zoning r.egulations but are governed by the City's building code. The Building Code does not permit openings in the exterior walls of commercial buildings if such walls are located less than five feet from the property line. If the openings are located between five and 10 feet, ,,from the ,property line, the openings must meet a higher level of fire protection. If the walls are located ten or more feet from the property line the windows/openings may be unprotected. The actual amount of window area may be unlimited, depending upon the building's actual construction and its compliance with the State's Energy Conservation Regulations. Windows are not mandatory and need not be provided in a commercial building provided that adequate light and venti- lation are otherwise provided and that the building complies with the State Energy Conservati'on Regulations. With the increasing development of the smaller commercial sites with multiple story commercial buildings which contain windows and which are adjacent to residentially zoned properties there has been more concern expressed by the residential property owners as to their loss of privacy. There is no question but that there is some loss of privacy. The closer the windows in a commercial. building are to the adjoining residential property, the greater the loss of privacy. This privacy may generally be lost for 8-9 hours per weekday (assuming that the businesses are not open on the weekends). As the distance between the windows in a commercial building and the adjoining residential properties increases, the loss of privacy decreases and at some point becomes nonexistant. The only way that there can be total privacy is to eliminate windows/openings altogether which look out onto (either directly or indirectly) on, both the side and rear of commercial buildings. Otherwise a determination must be made of "reasonable privacy" in which case windows/openings may be eliminated from the rear and sides of commercial buildings within a given distance from adjoining residential properties, or the visual sight lines are otherwise blocked. ' .; -13- . . . jPailting 'Pa~ing spaces are required for new commercial developments at ~he following rates: medical offices are required 6 spaces per 1001 square feet of gross floor area, offices are required 4 spaces per 1001 square feet of gross floor area, and retail uses are required 5 spaces per 1001 square feet of gross floor area. Th~re are other special parking requirements for restaurants, eating' 'l!~tablishlnents, and drive thru businesses. ' Parking spaces may be located anywhere on the site. Parking is not restricted to front or rear yard areas. However, Oecause a rear yard setback is required for the building, the rear yard is a logical and more efficient location for such parking in most cases. The number of required parking spaces for projects which have been developed during the last ten years have been adequate to meet the requirem~nts of most of the businesses occupying the buildings. The dimensional characteristics of the parking spaces and driveways has also generally been adequate. . Parking space shortages exist in the commercial areas of the City whvch were developed prior to the adoption of parking space requirements in 1949. Upgrading of parking areas ;;generally only occurs as a result of the redevelopment of ;,the existing properties, the construction of new and usually 'more intensive developments. Host of the older commercial areas are served by alleys which run parallel to the principal street upon which the businesses "f,ront. This arrangement allowed for the greatest business 'frontage for each building and, also, for the more efficient ~use of the property, by having the parking access the site :"from the rear and eliminating the need for driveways through ~:'the property. This also had the effect of providing more on~street parking area in front of the business for the ,customers. ., 'Alleys which separate or se~ve commercial on one side and "res-idenUaL on the other present special problems. The alley lis usual'ly less than attractive, though the blame may well be "the',result of neglect by' both the commercial and residential 'interests. Newer commercial'developments require a certain 'amount of landscaping and enclosed trash enclosures, and are generally more attractive than,their older counterparts. The residential uses which abut the alley usually have their parking off of the' alley in the forin of a carport or a garage. These parking structures often become unattractive with -14- . . . collection and storage of articles other than automobiles. Also, many of thE residential uses store their trash con- tainers in or adjacent to the alley which is convenient for the trash pick-up. Because there is no requirement for the screening of these residential trash containers, they also present an unattractive appearance. The increased traffic resultant from new and/or successful' commercial developments presents a so~rce of irritation to the adjoining residential uses. Many homes have been built with their bedrooms located to the rear of the structure, which has usually been the side away from the street, the quiet side. But, when such bedrooms are located on the side which is nearest the alley, the occupants may well find that their quiet is broken by traffic along the alley. The alley also may facilitate illegal entry to residential properties, in that the property is exposed on two sides. . Landscaping/beautification The existing code regulations require that 3 percent of the parking area (including driveways) be landscaped. In addition, when the parking area is adjacent to the street or a residential zone, a 5'3" landscape buffer is required. The quantity, quality and maintenance of the required land- scaped areas vary considerably from project to project. There are no specific requirements as to the number, type, size or spacing of plant materials (except that since 1976 one tree has been required for each 10 required parking spaces). One project may elect to use grass for all of its ground cover while another project may use a colorful ground cover, shrubs and specimen trees. Both technically would comply with code. Residential property owners do have the ability in most cases to landscape their property to provide a visual buffer from unwanted visual intrusion. Residential property owners who are concerned with visual intrusion have the opportunity to plant appropriate landscape materials to provide a visual buffer. Residential property owners who are not concerned with such intrusion need not take such action. . Not all residential property owners may be concerned with the problems of visual intrusion. , By encouraging the residential property owner to use land- scaping to provide whatever degree of buffering said owner -15- . . . desires, the commercial property owner retains the flexibility to develop his property in accordance with existing applicable regulations (not including the Urgency Ordinance) . Walls and Fences No walls or fences are required separating ~ommercial and residential properties unless there i'S 'an abutting commercial parking area, in which case a 5 '11" solid masonry wall is required between such parking area and the abutting residentially zoned property. When there is an inter- vening alley no wall is required. Size . The actual size of a commercial building is determined by the building's intended use, design and the number and manner of providing the required parking spaces. Proposed commercial buildings which contain more than 20,000 square feet and which are located within 100 feet of residentially zoned property are required to obtain a conditional use permit. RESIDENTIAL ZONES Setbacks In the City's single family residential zones there are front, side and rear yard setback requirements. The front yard set- backs generally range from 25 to 30 feet. The side yard set- backs range from 5 to 10 feet. The rear yard setbacks range from 25 to 35 feet. A two-story dwelling requires a 10-foot side yard ~nd a 35-foot rear yard setback. Building Height A residential dwelling may be either one or 2 stories and may be a maximum of 35 feet in overall height. Accessory buildings such as garages, workshops, etc. which may be constructed in the residential zones are limited to one story and 16 feet in height. The accessory buildings must have the same side yard setback as required for the main dwelling, but may have a rear yard setback of only three feet. The accessory buildings mav not occupy more than 25 percent of the required rear yard. . ALTERNATIVES The following are alternatives which the City Council may take at this time: -16- . . . 1. Repeal the Urgency Ordinance and return to the enforcement of existing commercial zoning regulations. 2. Allow the Urgency Ordinance to continue and direct staff to proceed with the preparation of additional studies, zone changes, design overlays, and/or text amendments. Within alternative number 2 there of actions which could be taken. different actions are explored. are an almost infinite number In thefd1'l'owing some of these Rezoning The development standards in each of the City's commercial zones are essentially the same (height, setbacks, parking, etc.). The different zones set forth the different uses which are permitted within each zone classification. Changing the existing zone classification from one commercial designation to another would not resolve any of the issues in question. . Design Overlay A design overlay may be applied to any zoned area, and the specific requirements of a design overlay may vary from one area to another. The process for imposing a design overlay is the same as for a zone change. Each area would have to be specifically identified and regulations which are intended to apply to each specific area would have to be developed. Architectural Design Review The City's existing planning and building regulations do not deal directly with aesthetic considerations. Any pro- posed project which complies with the applicable planning and building regulations (including fire and public works requirements) may receive a building permit regardless of the architectural design quality or impact upon adjoining properties. . A number of cities have dealt with the problems of architectural compatibility by establishing design review boards composed of lay persons and persons trained in design. Design review boards generally deal only with commercial/industrial developments and in some cities also with multiple family residential developments. Seldom are single family residential developments subject to design review. Consideration of the establishment of an architectural design review process is an issue which requires a separate study and report. -17- . . . Text.Adrri~ridment Changin'g"the zoning ordinance text dealing with~. the commercial zoriing development standards could be made to reflect ,any desired controls. A text amendment involves the same hearing process as a zone change but does not involve the notification of individual property owners and is, therefore, much easier to process. The regulations would be made to apply equally to all'~'C<!lmmerci'al zones which are adjacent to residentially zoned properties. All adjoining residential properties whether R-l or R-O, R-2 or R-3 could receive the same protection. RECOMMENDATION If the City Council wishes to consider regulations which could be adopted (as text amendments) to limit building bulk and limit visual intrusion for commercial buildings which are located adjacent to residentially zoned properties, the Planning Division would offer the following: ' . 1. Reducing the current commercial 55-degree angle limita- tion to a 45-degree angle. This would make the angle limitation consistent with what would be permitted if the commercial property were zoned for single-family residential uses. Currently a two-story single~family residential building may be built to a maximum height of 35 feet if such building is set back a minimum of 35 feet from the rear property line. This results in a 45-degree angle limita- tion. . Because of the dimensional characteristics, owners~ip patterns, parking requirements and building economlCS of most of the commercially zoned properties which are adjacent to residentially zoned properties, the development of these commercially zoned properties will be in either one or two-story buildings. , If the current 55-degree angle limitation is reduced to 45 degrees, there would be only a small reduction in the overall buildable building envelope for a two-story building, and no effect on a single story building. 2. Reducing allowable window openings for buildings located on commercially zoned prop~rtie5 which are adjacent to residentially z~ned properties: a. No windows for first floor building areas shall be permitted within 25 feet of the property lines of -18- . . . ;a'butting residentially zoned property, 'Oi-to~ center 'line 'of, an intervening alley. b. No' windows on floor levels above the first floor 'or for' floor levels which are more than 2 feet above ~grade 'shall be permitted within 35 feet of the property line of abutting residentially zoned property, or to the center line of an intervening alley. ,-. c. The above regulations would not apply to glazed areas which are located more than 6 feet above the floor level or fixed glazed areas which are not transparent. d. Modifications to the above conditions may be granted by the Planning Commission (or City Council, on an appeal) pursuant to the procedures set forth in the City's Modifications Regulations. The Planning Division believes that the foregoing restrictions would provide for reasonable privacy without being overrestrictive to the point of reducing the commercial property owners' potential for ~ development. The following illustration indicates the existing and the proposed angle limitation and window openings. If the City Council wishes to proceed with the consideration of any zone change, design overlay, or text amendment, the Council should direct staff accordingly. Before any of the above could be adopted, the current Urgency Ordinance would expire. Therefore, if the City Council decides to consider any of the above, it will be necessary for staff to bring this moritorium back at a subsequent Council meeting for extention. 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