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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." 2 2246 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 3 2246 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." a 2246 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 5 2246 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 5 2245 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: 7 2246 "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. $ 2246 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." 9 2246 "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) io 2246 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 ii 2246 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: 12 2246 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 t 3 2246 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. 14 2246 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 15 2246 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 16 22~r5