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HomeMy WebLinkAbout1063 . . . 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, , 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: . SECTION 1. That Arcadia Municipal Code Section 925l.2. be amended to read as follows: -l- 1063 . . ~. . . 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. . -2- 1063 . . . 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 , 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 . be amended to read as follows: -3- 1063 --;.' .. . . 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 . 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 ~. ATTEST: . ~) JFf1fI~ Secretary -4- l063 . '. . ~- ,'-1',- . " . . 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 . . . . . T.A. 78-6 2 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 '1.---.- . . . . . T .A. 78-6 3 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, :~ '~''ff . . . . . T .A. 78-6 4 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. . 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, . . . " ,.-.. . . T.A. 78-6 5 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.