HomeMy WebLinkAbout2246ORDINANCE NO. 2246
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING THE
ARCADIA MUNICIPAL CODE BY ADDING A NEW
SECTION 4630.2 TO ARTICLE IV (NOISE
REGULATIONS) REGARDING HOURS OF
OPERATION FOR GARDENERS AND LANDSCAPERS
AND AMENDING AND ADDING VARIOUS SECTIONS
TO ARTICLE IX (ZONING REGULATIONS AND
GENERAL PROVISIONS)
THE CITY COUNCIL OF THE CITY OF ACADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 9251.2.1, Exception 1, 9252.2.1, Exception 1,
9253.2.3 and 9255.2.2 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal
Code are hereby amended in their entirety to read as follows:
"9251.2.1. BUILDING HEIGHT.
Exceptions:
1. Porches facing a street shall not exceed fourteen (14) feet in
height as measured from the adjacent finished grade. A "porch" is
defined as any covered area at a building entrance, whether it is a
projecting feature with a separate cover, or a recessed area behind the
building wall. For projecting porches, the height shall be measured to
the uppermost point of the projecting feature, including roof ridges,
railings, cornices, and other decorative features. For recessed
porches, the height shall be measured to the uppermost point of the
opening."
"9252.2.1. BUILDING HEIGHT.
Exceptions:
1. Porches facing a street shall not exceed fourteen (14) feet in
height as measured from the adjacent finished grade. A "porch" is
defined as any covered area at a building entrance, whether it is a
projecting feature with a separate cover, or a recessed area behind the
building wall. For projecting porches, the height shall be measured to
the uppermost point of the projecting feature, including roof ridges,
railings, cornices, and other decorative features. For recessed
porches, the height shall be measured to the uppermost point of the
opening."
"9253.2.3. BUILDING HEIGHT.
EXCEPTION. Porches facing a street shall not exceed fourteen
(14) feet in height as measured from the adjacent finished grade. A
"porch" is defined as any covered area at a building entrance, whether
it is a projecting feature with a separate cover, or a recessed area
behind the building wall. For projecting porches, the height shall be
measured to the uppermost point of the projecting feature, including
roof ridges, railings, cornices, and other decorative features. For
recessed porches, the height shall be measured to the uppermost point
of the opening."
"9255.2.2. BUILDING HEIGHT.
EXCEPTION. Porches facing a street shall not exceed fourteen
(14) feet in height as measured from the adjacent finished grade. A
"porch" is defined as any covered area at a building entrance, whether
it is a projecting feature with a separate cover, or a recessed area
behind the building wall. For projecting porches, the height shall be
measured to the uppermost point of the projecting feature, including
roof ridges, railings, cornices, and other decorative features. For
recessed porches, the height shall be measured to the uppermost point
of the opening."
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SECTION 2. Section 9251.2.9.1 of Article IX, Chapter 2, Part 5 of
the Arcadia Municipal Code is hereby amended to read in its entirety as
follows:
"9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS.
Accessory buildings, except for Accessory Living Quarters/Guest
Houses are not to be used as dwelling units. The required front and
side yard setbacks for accessory buildings shall be the same as those
specified for main dwellings in this Division and shall not have more
than one (1) story and shall not exceed sixteen (16) feet in height.
Accessory buildings shall not occupy more than twenty-five percent
(25%) of a required rear yard and shall not be located within three (3)
feet of a rear lot line nor within ten (10) feet of another building.
Accessory buildings utilized for occupancy shall not be located within
ten (10) feet of a rear lot line. An accessory building other than an
Accessory Living Quarters/Guest House shall not contain more than
one (1) room and athree-quarter (3/4) bathroom. The total floor area
of detached accessory building(s), not including Accessory Living
Quarters/Guest Houses shall not exceed fifty percent (50%) of the
ground floor area of the main dwelling."
SECTION 3. Section 9252.2.9.1 of Article IX, Chapter 2, Part 5 of
the Arcadia Municipal Code is hereby amended in its entirety to read as
follows:
"9252.2.9.1. ACCESSORY BUILDING REGULATIONS.
Accessory buildings, except for Accessory Living Quarters/Guest
Houses are not to be used as dwelling units. The required front and
side yard setbacks for accessory buildings shall be the same as those
specified for main dwellings in this Division and shall not have more
than one (1) story and shall not exceed sixteen (16) feet in height.
Accessory buildings shall not occupy more than twenty-five percent
(25%) of a required rear yard and shall not be located within three (3)
feet of a rear lot line nor within ten (10) feet of another building. An
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accessory building other than an Accessory Living Quarters/Guest
House shall not contain more than one (1) room and athree-quarter
(3/4) bathroom. The total floor area of detached accessory building(s),
not including Accessory Living Quarters/Guest Houses shall not
exceed fifty percent (50%) of the ground floor area of the main
dwelling."
SECTION 4. Section 9220.18.4 is added to Article IX, Chapter 2, Part
2 of the Arcadia Municipal Code is hereby amended in its entirety to read as
follows:
"9220.18.4. DRIVEWAY. A driveway is a paved area that provides
vehicle access from a public right-of--way to a parking area or garage."
SECTION 5. Section 9250.3.7 of Article IX, Chapter 2, Part 2 of the
Arcadia Municipal Code is hereby amended in its entirety to read as follows:
"9250.3.7. DRIVEWAY. A driveway is a paved area that provides
vehicle access from a public right-of--way to a parking area or garage.
Only one driveway may be permitted for each lot. This number may
be increased to two for an approved circular driveway.
Said driveway shall have not less than ten (10) feet of unobstructed
vertical clearance. Said driveway shall not exceed a maximum slope
often percent (10%).
Pedestrian walkways and driveways shall not occupy more than forty
percent (40%) of the required front yard or required street-side yard
setback.
Materials -All parking areas and driveway shall be paved with
cement concrete. Other paving materials, including brick may be
substituted with approval by the Community Development
Administrator through Single Family Architectural Design Review."
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SECTION 6. Sections 9251.2.6.1 and 9252.2.6.2 of Article IX,
Chapter 2, Part 2 of the Arcadia Municipal Code are hereby amended in their
entirety to read as follows:
"9251.2.6.1. CIRCULAR DRIVEWAYS. Lots with street frontage
of 75'-0" or greater are eligible for circular driveways. On lots with
more than one (1) street frontage, a circular driveway shall be located
on the street frontage that is 75'-0" or greater; provided, however, that
not more than one circular driveway shall be allowed for any one lot.
The circular driveway shall not be less than nine (9) feet in width, and
have a width greater than fifteen (15) feet and the furthest point from
the street shall be a minimum of twenty-five (25) feet measured
perpendicular from the property line at the right-of--way to the furthest
distance of the inside edge of the circular driveway.
Pedestrian walkways and driveways shall not occupy more than forty
percent (40%) of the required front yard or required street side yard
setback.
Materials -All parking areas and driveway shall be paved with
cement concrete. Other paving materials, including brick may be
substituted with the approval by the Community Development
Administrator through Single Family Architectural Design Review.
EXCEPTION: The Modification Committee upon appeal, pursuant to
the modification regulations may grant a modification to allow a
circular driveway on a lot with street frontage of less than 75'-0."
"9252.2.6.2. CIRCULAR DRIVEWAYS. Lots with street frontage
of 75'-0" or greater are eligible for circular driveways. On lots with
more than one (1) street frontage, a circular driveway shall be located
on the street frontage that is 75'-0" or greater; provided, however, that
not more than one circular driveway shall be allowed for any one lot.
The circular driveway shall not be less than nine (9) feet in width, and
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have a width greater than fifteen (15) feet and the furthest point from
the street shall be a minimum of twenty-five (25) feet measured
perpendicular from the property line at the right-of--way to the furthest
distance of the inside edge of the circular driveway.
Pedestrian walkways and driveways shall not occupy more than forty
percent (40%) of the required front yard or required street side yard
setback.
Materials -All parking areas and driveway shall be paved with
cement concrete. Other paving materials, including brick may be
substituted with the approval by the Community Development
Administrator through Single Family Architectural Design Review.
EXCEPTION: The Modification Committee upon appeal, pursuant to
the modification regulations may grant a modification to allow a
circular driveway on a lot with street frontage of less than 75'-0"."
SECTION 7. Section 9251.2.3.1 of Article IX, Chapter 2, Part 5 of the
Arcadia Municipal Code is hereby amended in its entirety to read as follows:
"9251.2.3.1. SIDE YARD. CORNER LOT. On corner lots the
required side yard setback adjoining the interior lot shall be as
specified in Section 9251.2.3. The required side yard setback on the
street side of a corner lot shall not be less than twenty (20) feet, unless
a greater setback is specified in Chapter 3 of this Article. Any portion
of a single story in excess of twelve (12) feet high and/or any portion
of a second story including second story architectural features and
walls shall be set back not less than twenty (20) feet or twenty percent
(20%) of the width of the lot as measured at the front property;
whichever is greater, unless a greater setback is specified in Chapter 3
of this Article. The lot width for determining setbacks on lots with
more than fifty percent (50%) frontage on a cul-de-sac terminus shall
be measured at the required building setback line.
No portion of any structure shall encroach through a plane projected
from an angle of forty (40) degrees as measured at the ground level
along the street side property line. The point shall be located at the
intersection of a horizontal projection of the adjacent grade elevation
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and its intersection with the street side property line. Architectural
projections, with the exception of building eaves shall not project into
the required setback."
SECTION 8. Section 9252.2.3.2 of Article IX, Chapter 2, Part 5 of the
Arcadia Municipal Code is hereby amended in its entirety to read as follows:
"9252.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse
corner lots the required side yard adjoining the interior lot shall be as
specified in Section 9251.2.3. The required side yard on the street
side of a reverse corner lot shall be not less than twenty-five (25) feet,
unless a greater setback is specified in Chapter 3 of this Article. Any
portion of a single story in excess of twelve (12) feet high measured
from the adjacent finished grade to the top plate and/or any portion of
a second story including second story including second story
architectural features and wall shall be setback twenty (20) feet or
twenty percent (20%) of the width of the lot as measured at the front
property line, whichever is greater, unless a greater setback is
specified in Chapter 3 of this Article.
No portion of any structure shall encroach through a plane projected
from an angle of forty (40) degrees as measured at the ground level
along the street side property line. The point shall be located at the
intersection of a horizontal projection of the adjacent grade elevation
and its intersection with the street side property line. Architectural
projections, with the exception of building eaves shall not project into
the required setback.
The lot width for determining setbacks on lot with more than fifty
percent (50%) frontage on a cul-de-sac terminus shall be measured at
the required front setback line."
SECTION 9. Sections 9251.2.16, 9252.2.15, 9253.2.20 and 9255.2.20
of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code are hereby
amended in their entirety to read as follows:
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"9251.2.16. EXTERIOR LIGHTING. Exterior lighting shall be
hooded and arranged to reflect away from adjoining properties and
streets. Light standards shall comply with the provisions for accessory
buildings and exterior light fixtures may be mounted on any exterior
wall or structure at a maximum of fifteen feet (15') above the adjacent
finished floor level.
Exception: A light fixture adjacent to a second story balcony, deck, or
exterior doors may be mounted on the wall at a maximum height of
eight feet (8') above the finished floor level."
"9252.2.15. EXTERIOR LIGHTING. Exterior lighting shall be
hooded and arranged to reflect away from adjoining properties and
streets. Light standards shall comply with the provisions for accessory
buildings and exterior light fixtures may be mounted on any exterior
wall or structure at a maximum of fifteen feet (15') above the adjacent
finished floor level.
Exception: A light fixture adjacent to a second story balcony, deck, or
exterior doors may be mounted on the wall at a maximum height of
eight feet (8') above the finished floor level."
"9253.2.20. EXTERIOR LIGHTING. Exterior lighting shall be
hooded and arranged to reflect away from adjoining properties and
streets. Light standards shall comply with the provisions for accessory
buildings and exterior light fixtures may be mounted on any exterior
wall or structure at a maximum of fifteen feet (15') above the adjacent
finished floor level.
Exception: A light fixture adjacent to a second story balcony, deck, or
exterior doors may be mounted on the wall at a maximum height of
eight feet (8') above the finished floor level."
"9255.2.20. EXTERIOR LIGHTING. Exterior lighting shall be
hooded and arranged to reflect away from adjoining properties and
streets. Light standards shall comply with the provisions for accessory
buildings and exterior light fixtures may be mounted on any exterior
wall or structure at a maximum of fifteen feet (15') above the adjacent
finished floor level.
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Exception: A light fixture adjacent to a second story balcony, deck, or
exterior doors may be mounted on the wall at a maximum height of
eight feet (8') above the finished floor level."
SECTION 10. Sections 9250.3.1.1, 9251.2.1.1, 9252.2.1.1, 9253.2.18
and 9255.2.18 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code are
hereby amended in their entirety to read as follows:
"9250.3.1.1. EQUIPMENT AND FACILITIES. Mechanical and
plumbing equipment including but not limited to ventilation fans,
heating, cooling and air conditioning equipment, water heaters,
cooling and air conditioning equipment, water heaters, spa and pool
equipment and any other similar equipment shall not exceed the
height limit prescribed in this Chapter and shall be screened from the
street or placed on the roof below the ridge line out of view from the
street(s). Said equipment shall not be located within any required
front or side yard setback, and shall not be set back less than three (3)
feet from the rear lot line.
EXCEPTION: Tankless water heaters may encroach thirty inches
(30") into any required interior side or rear yard provided that a
minimum setback of four (4) feet is maintained."
"9251.2.1.1. EQUIPMENT AND FACILITIES. Mechanical and
plumbing equipment including but not limited to ventilation fans,
heating, cooling and air conditioning equipment, water heaters,
cooling and air conditioning equipment, water heaters, spa and pool
equipment and any other similar equipment shall not exceed the
height limit prescribed in this Chapter and shall be screened from the
street or placed on the roof below the ridge line out of view from the
street(s). Said equipment shall not be located within any required
front or side yard setback, and shall not be set back less than three (3)
feet from the rear lot line.
EXCEPTION: Tankless water heaters may encroach thirty inches
(30") into any required interior side or rear yard provided that a
minimum setback of four (4) feet is maintained."
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"9252.2.1.1. EQUIPMENT AND FACILITIES. Mechanical and
plumbing equipment including but not limited to ventilation fans,
heating, cooling and air conditioning equipment, water heaters,
cooling and air conditioning equipment, water heaters, spa and pool
equipment and any other similar equipment shall not exceed the
height limit prescribed in this Chapter and shall be screened from the
street or placed on the roof below the ridge line out of view from the
street(s). Said equipment shall not be located within any required
front or side yard setback, and shall not be set back less than three (3)
feet from the rear lot line.
EXCEPTION: Tankless water heaters may encroach thirty inches
(30") into any required interior side or rear yard provided that a
minimum setback of four (4) feet is maintained."
"9253.2.18. MECHANICAL EQUIPMENT. Mechanical and
plumbing equipment including but not limited to ventilation fans,
heating, cooling and air conditioning equipment, water heaters,
cooling and air conditioning equipment, water heaters, spa and pool
equipment and any other similar equipment shall not exceed the
height limit prescribed in this Chapter and shall be screened from the
street or placed on the roof below the ridge line out of view from the
street(s). Said equipment shall not be located within any required
front or side yard setback, and shall not be set back less than three (3)
feet from the rear lot line.
EXCEPTION: Tankless water heaters may encroach thirty inches
(30") into any required interior side or rear yard provided that a
minimum setback of four (4) feet is maintained."
"9255.2.18. MECHANICAL EQUIPMENT. Mechanical and
p]umbing equipment including but not limited to ventilation fans,
heating, cooling and air conditioning equipment, water heaters,
cooling and air conditioning equipment, water heaters, spa and pool
equipment and any other similar equipment shall not exceed the
height limit prescribed in this Chapter and shall be screened from the
street or placed on the roof below the ridge line out of view from the
street(s). Said equipment shall not be located within any required
front or side yard setback, and shall not be set back less than three (3)
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feet from the rear lot line.
EXCEPTION: Tanlcless water heaters may encroach thirty inches
(30") into any required interior side or rear yard provided that a
minimum setback of four (4) feet is maintained."
SECTION 11. Sections 9251.1.7, 9252.1.7 and 9253.1.7 are added to
Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code in their entirety to
read as follows:
"9251.1.7. NONCONFORMING USE AND STRUCTURES.
Nonconforming Use - A nonconforming use may be maintained and
continued. Alterations or expansions may be allowed upon the
approval of a Modification in accordance with the provisions of
Section 9291.1 et seq. of the Arcadia Municipal Code.
Nonconforming Structures - A nonconforming building may be
maintained and continued; provided there is no physical change other
than necessary maintenance and repair to the structure. An addition or
alteration is permitted if the new or altered portions of the building
comply with current applicable zoning regulations, or may be allowed
upon the approval of a Modification in accordance with provisions of
Sections 9292.1 et seq. of the Arcadia Municipal Code."
"9252.1.7. NONCONFORMING USE AND STRUCTURES.
Nonconforming Use - A nonconforming use may be maintained and
continued. Alterations or expansions may be allowed upon the
approval of a Modification in accordance with the provisions of
Section 9291.1 et seq. of the Arcadia Municipal Code.
Nonconforming Structures - A nonconforming building may be
maintained and continued; provided there is no physical change other
than necessary maintenance and repair to the structure. An addition or
alteration is permitted if the new or altered portions of the building
comply with current applicable zoning regulations, or may be allowed
upon the approval of a Modification in accordance with provisions of
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Sections 9292.1 et seq. of the Arcadia Municipal Code."
"9253.1.7. NONCONFORMING USE AND STRUCTURES.
Nonconforming Use - A nonconforming use may be maintained and
continued. Alterations or expansions may be allowed upon the
approval of a Modification in accordance with the provisions of
Section 9291.1 et seq. of the Arcadia Municipal Code.
Nonconforming Building - A nonconforming building may be
maintained and continued; provided there is no physical change other
than necessary maintenance and repair to the structure. An addition or
alteration is permitted if the new or altered portions of the building
comply with current applicable zoning regulations, or maybe allowed
upon the approval of a Modification in accordance with provisions of
Sections 9292.1 et seq. of the Arcadia Municipal Code."
SECTION 12. Section 9292.1.4, subsection 17 of Article IX, Chapter 2,
Part 5 of the Arcadia Municipal Code is hereby amended in its entirety to read as
follows:
17. Alterations and/or Expansion of Nonconforming Uses and
structures.
SECTION 13. Sections 9250.3.16.1, 9250.3.16.2, 9250.3.16.3,
9251.2.13.2, 9251.2.13.2, 9251.2.12.4, 9252.2.12.2, 9252.2.12.3, 9252.2.12.6,
9253.2.21.2, 9253.2.21.3, Section 9255.2.21.1 and 9255.2.21.2 of Article IX,
Chapter 2, Part 5 of the Arcadia Municipal Code are hereby amended by adding
the following language to the end of those sections listed in this Section to read as
follows:
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No spears (i.e. apache, aristocrat with crushed spears, or any spear-
like features) shall be permitted on a fence, wall, or gate.
Chain link, corrugated fiberglass, bamboo fencing, and wire type
fencing are not permitted.
SECTION 14. Section 9275.1.49.1 of Article IX, Chapter 2, Part 7 of
the Arcadia Municipal Code is hereby amended in its entirety to read as follows:
"9275.1.49.1. HEALTH CLUBS.
CPD-1, CBD, and C-1 or any less restrictive commercial zone.
SECTION 15. Section 9269.5 of Article IX, Chapter 2, Part 6 of the
Arcadia Municipal Code is hereby amended in its entirety to read as follows:
Use Parking Spaces
Re wired
Health Clubs, Fitness Centers, Indoor 1 space per 100 sq. ft. of gross
Athletic Facilities and Exercise, floor area in all workout areas
Dance/Gymnasium Studios up to 3,000
square feet of gross floor area:
Greater than 3,000 square feet of gross Required parking spaces to be
floor area: determined through an approved
Conditional Use Permit.
SECTION 16. Section 4630.2 is hereby added to Article IV, Chapter 6,
Part 3 of the Arcadia Municipal Code in its entirety to read as follows:
"4630.2. NOISE, GARDENING AND LANDSCAPING. No person
shall operate any mechanical equipment related to the gardening
and/or landscaping of any property within a residential zone other
than from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and from
9:00 a.m. to 5:00 p.m. on Sundays within all residential zones;
provided, however, that use of mechanical equipment for tree
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trimming on Sundays shall be prohibited."
SECTION 17. Section 9292.2.3 of Article IX, Chapter 2, Part 9 of the
Arcadia Municipal Code is hereby amended in its entirety to read as follows:
"9292.2.3. AUTHORITY. Administrative Modification as may be
necessary to secure an appropriate improvement may be granted upon
the approval of the Planning Division. The Planning Division shall
have the authority to approve, conditionally approve or deny
modifications of the following:
1. Rear yard setbacks;
2. Distance between buildings;
3. Special setbacks;
4. Setbacks for mechanical and plumbing equipment;
5. Fence and wall heights along the side and rear property lines
except along the street side of a corner lot;
6. Interior side yard setbacks for detached accessory structures
(with the exception of guest houses/accessory living quarters)
in the R-M, R-0 and R-1 zones;
7. Interior side yard setbacks for single-story additions to an
existing dwelling in the R-M, R-0 and R-1 zones, where the
portion of said addition(s) which does not comply with the
setback requirements consists of a total of thirty (30) linear feet
or less and maintain(s) the same or greater setback than the
existing building walls; and provided, that a minimum interior
side yard setback of three (3) feet in the R-1 and five (5) feet in
the R-0 zones is maintained;
8. The rebuild of single-family dwellings, provided that the new
portions of the project comply with current code requirements."
SECTION 18. This Ordinance shall become effective on the thirty first
(31st) day following its adoption.
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SECTION 19. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of the same to be published in the official
newspaper of said City within fifteen (15) days after its adoption.
Passed, approved and adopted this stn day of October , 2008.
~• -~~~~
Mayor of the City of Arcadia
ATTEST:
~~
ity Clerk
APPROVED AS TO FORM:
n. ~~~
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2246 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 7th day of October, 2008 and that said Ordinance
was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht
NOES: None
ABSENT: None
ity Clerk of the City of Arcadia
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