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PLANNING COMMISSION RESOLUTION NO. 1253 A RESOLUTION OF THE CITY OF ARCADIA PLANNING COMMISSION INTERPRETING PORTIONS OF THE ARCADIA MUNICIPAL CODE CONCERNING BUILDING HEIGHT REQUIREMENTS AND AUTHORIZING PLANNING COMMISSION REVIEW WHEREAS, Section 9213 of the Arcadia Municipal Code provides for the clarification and interpretation of code provisions with reference to matters of height, which interpretation is to be referred by resolution to the City Council for final action as required by Section 9213 attached as part of this resolution (Exhibit "A"); and WHEREAS, on February 14, 1984 the Planning Director reported to the Planning Commission the existence of an interpretation issue as contemplated by Section 9213 of the Municipal Code, which report is attached as Exhibit "B"; and WHEREAS, the Planning Commission reviewed all pertinent facts concerning this issue and directed preparation of this resolution to set forth its interpretation with findings and reasons. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1, The zoning ordinance of the City allows for maximum building height of 8 stories or 85 feet. (Section 9276.2.2) 2. The zoning ordinance also provides for equipment for the maintenance of buildings and limits same to no more than 10 feet above the roof. (Section 9282,1.3) 3. It is now a common occurrence for a me,:hanical equipment room on a roof to exceed a 10 foot maximum limitation. 4. Under existing code provisions, modifications to the building height limits may only be granted for the height of non-commercial structures. 1253 , ' . . . " . 5. Application of Section 9292,1.4(11) referred to in Section 4 above to mechanical equipment and mechanical equipment rooms is ambiguous. 6. The amount and complexity of mechanical equipment required for a contemporary building makes it almost impossible to build an 8 story building with mechanical equipment within an overall height of 95 feet or less. 7. Because of the changing requirements concerning contemporary buildings, the increasing reality of mechanical equipment or mechanical equipment rooms in excess of 10 feet and in view of the fact that these rooms and equipment can be designed in a way to delimit obstructive visibility or other negative aspects, it is the interpretation of the Planning Commission of the, City of Arcadia that: (a) limiting mechanical equipment and mechanical equipment rooms to a maximum of 10 feet would be inconsistent with the Arcadia Municipal Code Provisions allowing 8 story buildings; (b) to permit the development of 8 story buildings, modifications for the height of mechanical equipment and/or mechanical equipment rooms may be considered and such consideration is not prohibited by the existing modification provisions which provide for modifications for the "height of non-commercial structures". (c) the Planning Commission determines that mechanical equipment and/or mechanical equipment rooms are "non-commercial structures". 8, The Planning Commission of the City of Arcadia further resolves that the height of mechanical equipment and/or mechanical equipment rooms should be designed to be the minimum reasonable height to provide the required mechanical equipment and that in order to insure that any proposed mod~<ications for mechanical equipment and/or mechanical equipment rooms which exceed 10 feet in height are consistent with the intent of minimizing the height and extent of such equipment, applications for such modifications shall be considered by the Planning Commission in lieu of the Modification Committee. -2- 1253 \' '. . ~ The decision, findings and conditions contained in this Resolution reflect the Commission's action of February 28, 1984, and the following vote: Commissioners Szany, Wells, None Dixon, Fee, Hedlund, Sargis, Jahnke. AYES: NOES: ABSENT: None 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 held on the 28 day of February , 1984, . ~ ning Commission City ATTEST: !tdlta;W{j~ Secretary, Planning Commission City of Arcadia . -3. 1253 r' l' . 9213. OM1SSION OR AMBIGUITY. II any ''use'' Is lor any reason omitted from the lists of those specified as permissible in each of the vari- ous zanes herein dealgnated~ or if amblguity arises concerning the appropri- ate classification of a particular use within the meaning and intent of this Chapter, or U ambiguity exists with reference to matters of height, yard requirements or area requirements as set forth herein and as they may per- tain to unforseen circumstances, it shall be the duty of the Planning Com- mission to ascertain aU pertinent facts concerning said use and by resolution of record set forth its findings and the reasons therefor. Such findings and resolutions shall be referred to the Councll and, it approved by the Councll, thereafter Buch interpretation shall govern. . EXHIBIT "A" . ~ j \. ~ FEBRUARY 14, 1984 TO: FR011: SUBJECT : ARCAOIA CITY PLANNING COMMISSION WILLLIAM WOOLARD, DIRECTOR OF PLANNING PLANNING COMMISSION DETERMINATION WHETHER MODIFICATION COMMITTEE'S AUTHORITY INCLUDES ABILITY TO MOOIFY THE HEIGHT LIMITATION DF MECHANICAL EQUIPMENT AND MECHANICAL EQUIPMENT ROOMS OF COMMERCIAL STRUCTURES. In reviewing preliminary plans for the high rise building project which is being proposed for the northwest corner of First and Huntington a question has been raised regarding the building height. The resolution of this question will have a bearing not only on the First and Huntington project but other eight-story commercial building projects. The building zoning ordinance allows for a maximum building height of eight stories or eighty-five feet. . The zoning ordinance also allows for "mechanical equipment including elevators, stairways, tanks, ventilating fans, heating, cooling and air conditi,oning equipment and similar equipment -required for the operation of/or maintenance of buildings may exceed the height limit prescribed in this Chapter; provided however that in no event shall such items extend more than ten feet above the roof and provided further that no area above the specified height limit shall be used for the purpose of providing additional floor space". An eight-story building can barely be accommodated in the allowable 85 foot maximum height. The proposed high rise building will comply with the eight-story, eighty-five foot height limit, however the mechanical equipment room for the proposed building exceeds the ten foot maximum limitation. Under the existing code provisions modifications to the building height limits may only be granted for the "I,<:ight of non-commercial structures". The Planning Department believes that the limitation on the authority of the modification provisions regarding the height of commercial structures should not apply to mechanical equipment and mechanical equipment rooms. If the limitation were to apply, and no modifications considered for mechanical equipment, eight-story buildings would not be possible. . EXHIBIT "B" 2/14/84 ,Page 1 . . . ( r \ With the amount and complexity of mechanical equipment required for contemporary buildings, it is virtually impossible to build an eight- story building with the mechanical equipment with an overall height of 95 feet or less (35 feet for the building plus 10 feet for mechanical). Modifications for the height of mechanical equipment should be allowed. The modification process allows for review of each specific request as to necessity, extent and appropriateness. Because the modification authority is unclear regarding whether the limitation was intended to apply to the height of mechanical equipment, the Planning Department has brought this matter before the Planning Commission for interpretation pursuant to the provisions of Section 9213. The findings and determination of the Commission should be set forth by resolution of the Commission. EXHIBIT "B" 2/14/84 Page 2