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RESOLUTION NO. 1063
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA RECOMMENDING APPROVAL
OF TEXT AMENDMENT 78-6 AMENDING THE ARCADIA
MUNICIPAL CODE TO EXEMPT NONCONFORMING
STRUCTURES IN THE R-O AND R-l ZONES FROM
THE REQUIREMENTS OF A.H.C. SECTION 9244.,
TO ELIMINATE DUPLICATION, TO DEFINE "SINGLE-
FAMILY DWELLING", AND TO CLARIFY THE INTENDED
USE IN THE R-l ZONE.
WHEREAS, a public hearing was held August 8, 1978, to
consider the following:
l. To amend A.M.C. Sections 925l.2., 9252.2, 9244. and
9244.2. to exempt existing improvements in the R-O and R-l zones
from the regulation (A.H.C. Section 9244.) which prohibits con-
struction on a lot where existing improvements do not conform to
. the present code standards unless a modification is granted.
2. To delete A.H.C.Sections 9251.2.9, 9251.2.l0,
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925l.2.ll, 9252.2.l2, 9252.2.13, 9252.2.l4, 9252.2.l6, 9252.2.l9,
9252.2.20 and 9283.7 to eliminate duplication.
3. To add a new code section (9220.2l.l) to the definitions
part of the zoning ordinance to define "single-family dwelling".
4. To amend A.M.C. Section 9252.l.l to clarify the
use intended for the R-l zone.
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 THE FOLLOWING:
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SECTION 1. That Arcadia Municipal Code Section 925l.2.
be amended to read as follows:
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925l.2. GENERAL. The regulations set forth in this
title shall apply in the R-O first one-family zone unless otherwise
provided in this chapter.
EXCEPTION. Nonconforming buildings and structures for
which construction was commenced and completed in conformance with
the Arcadia Municipal Code under the authority of a valid building
permit need not be brought into conformance with the following
regulations unless destroyed to the extent of more than seventy
five percent (75%' of its reasonable value by the causes specified
in Arcadia Municipal Code Section 9244.3, however, all additions to
aforesaid nonconforming buildings and structures shall comply with
the regulations set forth in this title.
SECTION 2. That Arcadia Municipal Code Section 9252.2
be amended to read as follows:
9252.2. GENERAL. The regulations set forth in this
title shall apply in the R-l second one-family zone unless otherwise
provided in this chapter.
EXCEPTION. Nonconforming buildings and structures for
which construction was commenced and completed in conformance with
the Arcadia Municipal Code under the authority of a valid building
permit need not be brought into conformance with the following
regulations unless destroyed to the extent of more than seventy
five percent (75%' of its reasonable value by the causes specified
in Arcadia Municipal Code Section 9244.3, however, all additions to
aforesaid nonconforming buildings and structures shall comply with
the regulations set forth in this title.
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SECTION 3. That Arcadia Municipal Code Section 9244
be amended to read as follows:
9244. NONCONFORMING BUILDINGS. Except as may be
permitted in accordance with title 2 of divisions land 2 of part
5 of this chapter or divisions 1 and 2 of part 9 of this chapter,
while a nonconforming building exists on any lot, no other building
shall be constructed even through such other building would other-
wise be a conforming building.
SECTION 4. That Arcadia Municipal Code Section 9244.2
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be amended to read as follows:
9244.2. SAME. CONTINUANCE. A nonconforming building
may be continued, provided no additions or enlargements are made
thereto and no structural alterations are made therein, except
. those required by law or except as may be permitted in accordance
with title 2 of divisions land 2 of part 5 of this chapter or
divisions land 2 of part 9 of this chapter. If such nonconforming
building 'is removed, every future use of such premises shall be
in conformity with the provisions of this chapter.
SECTION 5. That Arcadia Municipal Code Sections 925l.2.9.,
925l.2.l0., 925l.2.l1., 9252.2.12., 9252.2.l3., 9252.2.l4., 9252.2.l6.,
9252.2.19., 9252.2.20 and 9283.7. be repealed.
SECTION 6. That Arcadia Municipal Code Section 9220.2l.l
be adopted to read as follows:
9220.2l.l. DWELLING, SINGLE-FAMILY, same as DWELLING,
ONE-FAMILY.
SECTION 7. That Arcadia Municipal Code Section 9252.1.1
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be amended to read as follows:
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9252.l.l. SINGLE-FAMILY DWELLINGS. Any use permitted in
the R-O First One-Pamily Zone; one (l) single-family dwelling of a
permanent character and placed in permanent location containing
not less than twelve hundred (1,200) square feet of floor area,
exclusive of porches, garages, entries, patios and basements; private
garages; accessory buildings and carports. On lots containing
fifteen thousand (15,000) or more square feet there may be accessory
living quarters contained in only one (1) accessory building.
StCTION 8. The Planning Commission finds that the text
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amendment therein proposed will serve the public convenience and
good planning practice by eliminating unnecessary regulations and
code duplications, and by clarifying existing regulations.
StCTION 9. The Secretary shall certify to the adoption
of this resolution and shall cause a copy to be forwarded to the
City Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the Planning Commission of the City of Arcadia
on the 22nd day of August, 1978, by the following vote:
AYES: Commissioners Brink, Hedlund, Huddy, Perlis,
Sargis
NOES: None
ABSENT: Commissioners Clark, Hegg
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ATTEST:
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Secretary
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August 8, 1978
TO:
CITY OF ARCADIA
PLANNING COMMISSION
FROM:
PLANNING DEPARTMENT
CASE NO.:
TEXT AMENDMENT 78-6
PREPARED BY:
TOM MARTIN
ASSISTANT PLANNER
GENERAL INFORMATION
APPLICANT:
City of Arcadia
l. To amend A.M.C. Sections 925l.2., 9252.2,
9244. and 9244.2. to exempt existing improvements
in the R-O and R-l zones from the regulation
(A.M.C. Section 9244.) which prohibits construction
on a lot where existing improvements do not
conform to the present code standards unless a
modification is granted.
REQUEST:
2. To delete A.M.C. Sections 9251.2.9, 9251.2.l0,
925l.2.11, 9252.2.l2, 9252.2.l3, 9252.2.l4,
9252.2.l6, 9252.2.l9, 9252.2.20 and 9283.7 to
eliminate duplication.
3. To add a new code section (9220.21.l) to the
definitions part of the zoning ordinance to
defi~e "single-family dwelling".
4. To amend A.M.C. Section 9252.l.1 to clarify
the use intended for the R-l zone.
REQUEST III
Under the present structure of the zoning ordinance, a homeowner
who wishes to make an addition to his home is obligated to bring
all structures on the site up to the present code standards or
file for a modification. This applies even through all structures
may have been erected under the authority of a valid building permit
to conform to the standards at the time of its construction. In
the single-family zones this occasionally involves accessory
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buildings with zero side yard setbacks and more often it involves
garage sizes less than the 20' x 20' minimum size required.
A study of modification applications filed this year has shown the
requests for existing nonconforming improvements accounted for
26% of the total number of modifications filed. Further analysis
of those files has shown that virtually all modifications for
existing nonconforming improvements which were built under the
authority of a valid building permit were approved without
conditions.
RECOMMENDATION
In staff's opinion, the requiring of modifications in such cases
as described above has not effectively served any purpose. Therefore
the Planning Department recommends that Sections 9251.2., 9252.2.,
9244., and 9244.2. be amended to read as follows: (Added or amended
l~nguage has been underlined).
9251.2. GENERAL. The regulations set forth in this title shall
apply in the R-O first one-family zone unless otherwise provided
in this chapter.
EXCEPTION. Nonconforminqbuildinqs and structures for
which construction was commenced and completed in conformance
with the Arcadia Municipal Code under the authority of a valid
buildinq permit need not be brought into conformance with the
followin re ulations unless destro ed to the extent of more than
sevent~ f~ve percent 75% of ~tsreasonable value by the causes
specif~ed in Arcadia Municipal Code Section 9244.3, however, all
additions to aforesaid nonconforming buildings and structures shall
comply with the regulations set forth in this title.
9252.2. GENERAL. The regulations set forth in this title shall
apply in the R-l second one-family zone unless otherwise provided
in this chapter.
EXCEPTION, Nonconforming buildinqsand structures for
which construction was commenced and completed in conformance.. with
the Arcadia Municipal Code under the authority of a valid building
permit need not be brought into conformance with the following
regulations unless destroyed to the extent of more than seventy five
percent (75%) of its reasonable value by the causes specified in
Arcadia Municipal Code Section 9244.3, however, all additions to
aforesaid nonconforminq buildings and structures shall comply
with the regulations set forth in this title.
9244. NONCONFORMING BUILDINGS. Except as may be permitted in
accordance with title 2 of divisions 1 and 2 of part 50f this
chapter or divisions 1 and 2 of part 9 of this chapter, while
a nonconforming building exists on any lot, no other building
shall be constructed even through such other building would
otherwise be a conforming building.
9244.2. SAME. CONTINUANCE. A nonconforming building may be
continued, provided no additions or enlargements are made there
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to and no structural alterations are made therein, except those
required by law or except as may be permitted in accordance with
title 2 of divisions land 2 of part 5 of this chapter or divisions
land 2 of part 9 of this chapter. If such nonconforming building
is removed, every future use of such premises shall be in
conformity with the provisions of this.
REQUEST 112
In the R-O and R-l divisions of the zoning ordinance the fOllowing
sections relate to lot requirements which are regulated by the
subdivision ordinance:
R-O
9251.2.9. LOT AREA. Every main building hereafter erected, COD-
slJ'l1cted or established sball conform with the lot area, width, depth aDd
froutage reqolremenls specified in D1v1sion 2 of Part 1 of Chapter 1 of th1a
Article. (AmsDded by Ord. 1336 adopted 3-7-67)
9251.2.10. SAME. EXCEPTION. NotwIlhstaDdlng the prov1slons of
D1v1sion 3 of Parl 8 of lhls Chapter, a lot having less area than herein
. reqolred whlch was of record as such prior to N9vsmber 16, 1965, may be
occupied by DOt more than one femUy. (Ameailed by Ord. 1336 adopted
3-7-67)
9251.2. 11. SAME. ADJUSTMENTS. Where buUdlng site areas, other
than recorded BDbdlv1ded lots, vary from the m1n1mum requlremeDts herein.
prov1ded, It sball be the responslbUIty of the PlanDlng Commission, upoil Its
own motion or by application of a property owner or owners, to ascertain
all pertinent facts aDd to determine what, In ths face of such facts, would
coneUtnle the greatest adherence to the standarde aDd purposes of this Chap-
ter aDd to then recommend such lnterpretaUons to the ConncU. Upon the
review by the CouncU aDd the approval thereof by ReSolution, such adjWlt-
ment sball thereafter become effectlvs as It pertains to specific property.
Proceedings under lhIe Subsection need not be submitted to public bearings.
R-l
9252.2. 12. LOT AREA. Every main buildlng bereafter erected, con-
structed or established sball be located st the front buUdlng line on a site
cnntD1n'ng an area of not less than seveD thousand five hundred (7.500) square
feet per femUy,
9252.2.13. SAME. EXCEPTION. Notwlthetandlng the provl<lons of
Division 3 of Part 8 of lhls Chapter, where a lot bas less area than herein
required and was of record prior to JUDe 28. 1940, said lot may be occupied
by not more than one femUy.
9252.2.14. SAME. SAME. Where a parcel of land Is a recorded lot
having the reqolred lot area but a mln1mum width of fl1ty (50) leet at the
front buUdlng line aDd was of record prior to June 28, 1940, said lot may be
occupied by not more than ODe famUy.
9252.2.19. DIVISION OF PROPERTY PROHIBITED. Except as other-
wise provided In Chapter 1 of thls Arllcle, no lot or parcel of lnnd held
under separate ownership on June 2, 1949, shall be'separated In ownership
or reduced in size below the minimum lot width or lot area required by
thle Chapter, nor sball any lot or parcel of land held under separate own-
ership on June 2, 1949, and which has a width or an area less than that
required by this Chapter be further reduced In any manner. No portion of
a lot necessary to provide the required area per dwelling unit shall be sepa.
rated In ownership from the portion of the lot upon which tbe buUdIng con-
taining the dwelling unit or units Is located,
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9252,2.20. VARIATIONS FROM MINIMUM REQUIREMENTS, Where
building s1 te areas, other than recorded subd ivided lots, vary from the
mtnimum requirements herein provided, it sba1.l be the responsibility of the
Plann1ng Commission, upon its own motion or by application of a. property
~er or owners, to ascertain all pertinent facts and to determine what, in
the face of sucb facts, would constitute the greatest adherence to the stand...
ards and purposes of this Chapter and then to recommend sucb interpreta-
tions to the CouncU, Upon the review by the CouncU and the approval
thereof by resolution, such adjustment shall thereafter become effective as
II pertains to speelfle property. Proceedings under this paragrapb need not
he submitted to publlc bearings,
In the General provisions part of the zoning ordinance the
following section also relates to lot requirements regulated
by the subdivision ordinance and it allows two (2) dwellings on
a lot in a single-family zone which conflicts with the established
intent of the zone:
9283.7, THROUGH LOTS, Through lots one hundred and forty (140)
feet or more in depth may be improved as two (2) separate lots with the
dividing line ,midway between the street frontagE:s, and each resulting half
shall be sublect to the controls applying to the street open which each half
faces, except that the required maximum front and rear yard may each be
reduced to ten (10) leet lor lots the total 'depth of which is less than one
hundred and slxty (160) feet, and provided that lithe whole of such through
lot Is improved as one building site no accessory bunding shall be located
closer to eUher street than the distance constituting the required front yard
on such street.
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In the R-l division of the zoning ordinance the following section
deals with the intended use of the R-l zone which is also regulated
by the Uses Permitted title of the same R-l division.
9252.2.16 ONE DWELLING MAXIMUM. No more than one (l) single
family dwelling shall be permitted on anyone (1) lot or parcel of
land in Zone R-l. (Amended by Ord. 1221 adopted 9-3-63).
RECOMMENDAT ION
To avoid duplication and confusion the Planning Department
recommends that the aforementioned code sections be deleted from
the zoning ordinance.
REQUEST #3
Presently the term "single-family dwelling" is used in the language
in the Uses Permitted title of the R-O division, however, there
is not definition for this term in the definitions of the zoning
ordinance.
RECOMMENDATION
The Planning Department recommends that a new Code Section 9220.21.1.
be added to the definitions of the zoning ordinance to read as follows:
... 9220.21.1. DWELLING, SINGLE-FAMILY. same as DWELLING, ONE-FAMILY.
REQUEST #4
Preaently the phrase "one (1) single-family dwelling" is used in
the R-O division of the code to describe the uses permitted. However,
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in describing uses permitted in the R-l division of the code,
the phrase "one-family dwellings" isliSed. In staff's opinion
the use of the plural of the word dwelling causes confusion when
,describing a use which allows only one (1) single-family dwelling.
RECOMMENDATION
The Planning Department recommends that A.M.C. Section 9252.1.l
be amended to read as follows: (Added or amended language
has been underlined) .
9252.1.1. SINGLE-FAMILY DWELLINGS. Any use permitted in the
R-O First One-Family Zone; One (1) single-family dwelling of a
permanent character and placed in a permanent location containing
not less than twelve hundred (1,200) square feet of floor area,
exclusive of porches, garages, entries, patios and basements;
private garages; accessory buildings and carports. On lots
containing fifteen thousand (15,000) or more square feet there
may be accessory living quarters contained in only one (1)
accessory building.