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HomeMy WebLinkAbout1075 ~ ~ . i RESOLUTION NO. 1075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDING AMENDMENTS TO THE ARCADIA MUNICIPAL CODE TO ALLOW THE EXPANSION OF CERTAIN NON- CONFORMING USES IN THE R-O AND R-l ZONES BY THE MODIFICATION PROCEDURE. WHEREAS, a public hearing was held on November 14, 1978, before the Planning Commission to consider amending the Arcadia Municipal Code to allow limited additions to the main dwelling on nonconforming R-O and R-l zoned properties through the use of a modification process in lieu of a variance; and WHEREAS, all interested persons were given full opportunity to be heard and to present evidence; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDS TO THE CITY COUNCIL: SECTION 1. That Section 9292.1.4 of the Arcadia Municipal Code be amended by adding thereto a subsection 15 to read as follows: "15. In the R-O First One-Family zone and the R-l Second One-Family zone for any property with two ,or more one-family dwell- ings which are nonconforming uses, structures or buildings under Arcadia Municipal Code Sections 9251.1 and 9252.1.1: (a) for five hundred (500) ,square feet of additional floor area (cumulative), including covered patios proposed to be added to the main dwelling on the lot; (b) other alterations to the main dwelling which do not create additional space; (c) a, swimming pool; (d) required parking facilities for the main dwelling; -1- 1075 . . . provided that the application for a modification permit for subdivi- sions (a), (b), (c) or (d), above, is accompanied by plans which provide for the removal or remodeling of all nonconforming uses, structures and'buildings to conform to the provisions of the Arcadia Municipal Code. In such a case, the modification permit shall require as a condition of approval, the removal or remodeling of all non- conforming uses, structures and buildings prior to or concurrent with the alteration or improvement specified in (a), (b), (c) or (d), above." SECTION 2. That Section 9220.45.1 be added to the Arcadia Municipal Code to read as follows: "9220.45.1. MAIN DWELLING. A main dwelling is the dwelling which contains the greatest amount of square footage which was con- structed legally." SECTION 3. That Section 9292.1.9 of the Arcadia Municipal Code be amended by adding thereto a subsection 5 to read as follows: "5. For applications to expand nonconforming residential uses, the applicant shall be required to submit a real estate inspec- tion report by the City of Arcadia Building Division at the time the modification application is filed." SECTION 4. The Planning Commission finds that the public convenience, general welfare and good zoning practice justify the above changes. SECTION 5. The Secretary shall certify to the adoption of this resolution and shall ,cause a copy to be forwarded to the City Council of the,Ci ty of.. Arcadia. I HEREBY CERTIFY that the foregoing resolution was -2- 1075 . adopted at a regular meeting of the Planning Commission of the City of Arcadia held on the 28th day of November, by the following vote: AYES: Commissioners Clark, Hedlund, Hegg, Perlis, Soldate, Brink NOES: None ABSENT: Commissioner Sargis ~w ~hairman Pro~Tem ATTEST: Jid~.d > . Secretary . -3- 1075 ~ . . ~:- November 14, 1978 TO: CITY OF ARCADIA PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: TEXT AMENDMENT 78-8 PREPARED BY: JEFFREY F. WITTE ASSOCIATE PLANNER APPLICANT: City of Arcadia REQUEST: To amend the Arcadia Municipal Code to permit the expansion of certain types of nonconforming residential uses by an approved modification in lieu of a variance. The Arcadia Municipal Code limits R-O and R-I zoned properties to one single family dwelling per lot. Prior to the enactment of this provision, it was possible for a property owner to construct extra dwellings on larger lots which could then be used as rental units. The Arcadia Municipal Code still permits guest houses or accessory living quarters on lots that contain 15,000 or more square feet. These guest houses cannot be rented; however, enforcement of this regulation is extremely difficult. City policy on nonconforming single-family zoned lots has undergone some changes in respect to legal interpretation. At the present time, additional residential structures on an R-l or R-O lot cause the entire lot to be nonconforming, and the Building Division is restricted from issuing building permits for expansion or alteration of a single-family structure on a nonconforming lot. The owners of nonconforming residential properties are ,permitted to maintain the existing dwellings and can obtain permits for roofing, electrical, plumbing, interior remodeling other than major structural changes, and general repairs when necessary (i.e., termite damage). In the past, permits issued for general repairs have been expanded to include the removal and replacement of damaged or poorly constructed portions of a residential structure. Thus, the property . T.A. 78-8 2 owner may rebuild but cannot expand the floor area. A permit for additional floor area can be issued by the Building Division only after the applicant receives approval of a zone variance from the Planning Commission and City Council. PROPERTY MAINTENANCE AND CODE ENFORCEMENT Since 1973 the City of Arcadia has had a property maintenance/code enforcement section to handle neighborhood complaints and prevent deterioration of established residential areas. Many of the problems associated with property maintenance and code enforcement problems south of Duarte Road are in some way associated with extra rental units in single-family neighborhoods. In several cases, the quality (or lack of it) of the rental units in single-family areas has attracted individuals who might otherwise not reside in the R-I and R-O zoned areas in Arcadia. Multiple residential units in R-I and R-O zones generally are not as well maintained as owner-occupied single-family dwellings. The level of maintenance associated with lots where the owner lives on the property and has rentals varies widely. . SCOPE OF THE PROBLEM City staff has completed a survey of properties south of Duarte Road that have more than one dwelling. At this time, City records indicate approximately 290 lots in this area have more than one dwelling. The number of lots north of Duarte Road with additional rentals is not available at this time, but the total number should be considerably less than the total number south of Duarte Road. The age and condition of these extra dwellings varies extensively and, at this time, it is not economically feasible to compile a complete list of the units with date of original construction and existing condition of the dwelling. The present City policy prohibiting additions on nonconforming properties tends to encourage some owners to eliminate rentals when they wish to expand the main dwelling. Occasionally rental units are demolished when larger lots are subdivided for new tracts. Perhaps one of the most important factors associated with nonconforming R-l and R-O properties is the income potential for the owner-occupant. These properties are almost always advertised as home and income lots in a attempt to attract potential purchasers who depend, at least in part, on the income from the second dwelling. AD HOC COMMITTEE ACTION . The Ad Hoc Committee considered material presented by staff and listened to testimony from residents supporting a change in the code for nonconforming residential uses. The proposed changes recommended by the Ad Hoc Committee would permit some additions to nonconforming residential lots through the modification process in lieu of the zone variance procedure. . . . ,y T.A. 78-8 3 The proposed language in the text amendment has been revie~ed by the City Attorney to be consistent with code. PROPOSED AMENDMENT The following amendments to the Arcadia Municipal Code would permit limited additions to the main dwelling on nonconforming R-I and R-O zoned properties through the use of a modification process in lieu of a variance. "9292.1. 4. AUTHORITY. 15. In the R-O First One-Family zone and the R-l Second One-Family zone for any property with two or more one (1) family dwellings which are nonconforming uses, structures or buildings under Arcadia Municipal Code Sections 9251.1. and 9252.1.1: (a) for five hundred (500) square feet of additional floor area (cumulative), including covered patios proposed to be added to the main dwelling on the lot; (b) other alterations to the main dwelling which do not create additional space; (c) a swimming pool; (d) required parking facilities for the main dwelling; provided that the application for a modification permit for subdivisions (a), (b), (c), or (d) above is accompanied by plans which provide for the simultaneous removal or remodeling of all nonconforming uses, structures and buildings to conform to the provisions of the Arcadia Municipal Code. In such a case the modification permit shall require as a condition of approval, the removal or remodeling of all nonconforming uses, structures and buildings." "9220.45.1. MAIN DWELLING A main dwelling is the dwelling which contains the greatest amount of square footage which was constructed legally." "9292.1.9. INFORMATION REQUIRED 5. For applications to expand nonconforming residential uses, the applicant shall be required to submit a real estate inspection report by the City of Arcadia Building Division at the time the modification application is filed." Pursuant ot the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for the proposed project. Said initial study did not . ~ . , T.A. 78-8 4 disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. Therefore, a Negative Declaration has been pre- pared for this project. Before the Planning Commission and City Council take action on this project, the Commission and Council should "move to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment." STAFF RECOMMENDATION The Planning Department recommends approval of T.A. 78-8. JFW/cm Attachments