HomeMy WebLinkAboutArcadia DevCode - Division 7 Permit Procedures_TA 2024 (FINAL)CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
November 2016 7-11 Division 7 – Permit Processing Procedures
9107.01.010 Allowed Modifications, Review Authority, and Noticing Requirements Amended by Ord. No. 2347 Amended by Ord. No. 2369 & 2370
Amended by Ord. No. 2375
A. Table 7-2. In order to secure an appropriate improvement of a parcel, prevent an unreasonable hardship, and/or to promote
uniformity of development, the applicable Review Authority shall have the authority to approve, conditionally approve, or deny
Administrative Modifications for those matters specified in Table 7-2 (Allowed Modifications, Review Authority, and Noticing
Requirements), below. Table 7-2 also identifies the applicable Review Authority responsible for reviewing and making
decisions on each type of Administrative Modification application allowed by this Section, as well as the type of notice or
hearing, if any, required by this Section.
Table 7-2 Allowed Modifications, Review Authority, and Noticing Requirements
Type of Administrative Modification Allowed
Minor Director’s Review Major Director’s Review Commission’s Review
No Notice or Hearing Required Notice, but No Hearing Required Notice and Hearing Required
Accessory dwelling units – objective design standards X
Accessory dwelling units - unit sizes that exceeds the FAR X
Accessory dwelling units – Setbacks X
Conversions of existing attic areas within main dwellings in the R-
M, R-0, and R-1 zones; provided the requests do not result in an
additional structure story or any exterior alterations within
required setback areas
X
Distance between structures X
Driveway and parking stall size requirements (Residential zones) X
Driveway and parking stall size requirements (Commercial,
Industrial, and Downtown zones)
X
Fence, wall, and hedge regulations, except along the street side
of a corner parcel
X
Fence and landscaped buffer regulations (Subsection
9106.09.020 B.)
X
Front lot line determination X
Front yard setback for additions to existing structures X
Height of noncommercial structures - Solar panels only X
Height of noncommercial structures X
Interior side setbacks in the R-M, R-0, and R-1 zones for
detached accessory structures
X
Interior side setbacks in the R-M, R-0, and R-1 zones for single-
story additions to an existing dwelling where the portion of the
addition(s) which does not comply with the setback requirements
consists of a total of 30 linear feet or less and maintain(s) the
same or greater setback than the existing structure walls; and
further provided, a minimum interior side setback of three feet in
the R-1 and five feet in the R-M and R-0 zones is maintained
X
Interior side setbacks in the R-M, R-0, and R-1 zones for single-
story additions to an existing dwelling where the portion of the
addition(s) which does not comply with the setback requirements
consists of a total of more than 30 linear feet and maintain(s) the
same or greater setback than the existing structure walls; and
X
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
November 2016 7-13 Division 7 – Permit Processing Procedures
Table 7-2 Allowed Modifications, Review Authority, and Noticing Requirements
Type of Administrative Modification Allowed
Minor Director’s
Review
Major Director’s
Review
Commission’s
Review
No Notice or
Hearing Required
Notice, but No
Hearing Required
Notice and
Hearing Required
further provided, a minimum interior side setback of three feet in the R-1 and five feet in the R-M and R-0 zones is maintained
Interior side setbacks X
Landscaping and Hardscaping Standards X
Loading Requirements X
Lot Size (area, depth, and width) X
Minimum Density X
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
9107.23 – Temporary Use Permits 7-72 November 2016
Table 7-2 Allowed Modifications, Review Authority, and Noticing Requirements
Type of Administrative Modification Allowed1
Minor Director’s
Review
Major Director’s
Review
Commission’s
Review
No Notice or
Hearing Required
Notice, but No
Hearing Required
Notice and
Hearing Required
Ornamental Features (height or number of features) X
Open Space Standards X
Nonconforming residential structures – alterations or expansions
(Subsection 9106.05.020)
X
Nonconforming residential uses – alterations or expansions
(Subsection 9106.03.010)
X
Nonconforming single-family residential properties (small
additions) (Subsection 9106.03.030.A.4)
X
Parking Plan X
Perimeter Parking Lot Landscaping X
Reduce the number of required parking spaces in a commercial,
mixed-use, or industrial zoned properties
X
(1-3 Spaces)
X
(4-6 Spaces)
X
(7 spaces or greater)
Rear setbacks – for first floor additions to existing dwellings or
accessory structures
X
Rebuilding of single-family dwellings; provided the new portion(s)
of the project comply with current Development Code
requirements
X
Setbacks for mechanical and plumbing equipment X
Setbacks for wireless communication facilities X
Sign regulations X
Special setbacks; provided a setback from a street shall be
modified only with a written declaration of the City Engineer that
the modification, if granted, will not adversely affect any
foreseeable need for widening the street
X
Street side setbacks for first floor additions to existing dwellings
or for accessory structures
X
Subdivision Design and Improvements (Section 9105.01.110) X
Swimming pool regulations X
Tennis and paddle tennis courts — Construction and operations
standards
X
Trash Enclosures in Subparagraphs 9103.01.130 C.2. relating
only to the number and size of enclosures and D.2. the location
of enclosures.
X
Utility and storage space requirements X
When the maximum number of units allowed in the R-2 and R-3
zones has a fractional remainder of .05 or less, the Commission
may allow the maximum number of units to be rounded up to the
next highest whole number, but in no case greater than 30
du/acre in the R-3 zone.
X
Modifications Only to Commission
Below-grade or subterranean parking in the
R-M, R-0, and/or R-1 zones, provided the request does not result
in more than one story below grade.
X
Modification to any of the setbacks for a new dwelling X
Rebuilds X
Commented [LF1]: Removing the word “for” and is this for detached
accessory structures?
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
November 2016 7-13 Division 7 – Permit Processing Procedures
Second story setback on an existing dwelling X
1. In cases where a specific modification is not listed but it is a standard that can be deviated under this Review Authority, the Director shall assign the modification
to a category substantially similar in category, including its noticing requirements.
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
November 2016 7-77 Division 7 – Permit Processing Procedures
Section 9107.25 – Variances
Subsections: 9107.25.010 Purpose and Intent 9107.25.020 Applicability 9107.25.030 Review Authority 9107.25.040 Application Filing, Processing, and Review 9107.25.050 Findings and Decision
9107.25.060 Precedents 9107.25.070 Burden of Proof 9107.25.080 Conditions of Approval 9107.25.090 Use of Property before Final Action 9107.25.100 Post Decision Procedures
9107.25.010 Purpose and Intent
A. The Purpose of this Section is to Ensure That:
1. Variances are only approved when, because of special circumstances applicable to the property, the strict application of
this Development Code denies the owner of the property privileges enjoyed by other property located nearby and in an
identical zone; and
2. Conditions are applied that would ensure that the Variance shall not constitute an approval of special privilege(s)
inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.
B. Does not Extend to Land Uses
1. The power to approve Variances does not extend to land uses, unless the requested use variance is for a well-established
existing use, and granting the variance would demonstrably improve public safety or welfare.
2. Flexibility in allowable land uses is provided in Section 9107.09 (Conditional Use Permits and Minor Use Permits).
9107.25.020 Applicability
A. When practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Section occur by
reason of a strict interpretation of any of the provisions of this Development Code, the Commission, upon its own motion or
upon the verified application of any interested person, may in specific cases initiate proceedings for the granting of a Variance
from the provisions of this Development Code under conditions deemed necessary to ensure that the spirit and purposes of
this Development Code will be observed, public safety and welfare secured, and substantial justice done.
B. The Commission may approve a Variance that allows for an adjustment from any of the development standards required by
this Development Code.
9107.25.030 Review Authority
The Commission shall approve or deny Variance applications, and impose conditions deemed reasonable and necessary to
preserve the public convenience, health, interest, safety, or general welfare, in compliance with this Section and State law and
necessary to make the findings required by Subsection 9107.25.050 (Findings and Decision) below.
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
November 2016 7-13 Division 7 – Permit Processing Procedures
9107.25.040 Application Filing, Processing, and Review
A. Filing. An application for a Variance shall be filed and processed in compliance with Section 9107.03 (Application Processing
Procedures). The application shall include the information and materials specified in the most up-to-date Department handout
for Variance applications, together with the required fee in compliance with the Fee Schedule.
B. Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary
for action consistent with the purpose of this Section. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).
C. Notice and Hearing Required. A public hearing shall be required for the Commission’s decision on a Variance application.
The public hearing shall be scheduled once the Director has determined the application complete. Notice of the public hearing
shall be given and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).
9107.25.050 Findings and Decision
A. Authorized Actions. The Commission shall, by resolution, record the decision in writing and shall recite the findings upon
which the decision is based, in compliance with Government Code Section 65906 or as that section may be amended from
time to time.
B. Required Findings. The Commission may approve a Variance application, with or without conditions, only if it first makes all
of the following findings:
1. There are special exceptional or extraordinary circumstances or conditions applicable to the subject property (e.g.,
location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification;
2. Strict compliance with Development Code requirements would deprive the subject property of privileges enjoyed by other
property in the vicinity and under an identical zoning classification;
3. Granting the Variance would not:
a. Constitute a grant of special privileges inconsistent with the limitations on other properties in the same vicinity and
zone in which the subject property is situated;
b. Be materially detrimental to the public health or general welfare or injurious to the property or improvements in the vicinity or zone in which the property is located; or
c. Adversely affect the General Plan;
4. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations
governing the subject parcel, unless the requested use variance is for a well-established existing use, and granting the
variance would demonstrably improve public safety or welfare.
9107.25.060 Precedents
Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance is not admissible
evidence for the approval of a new Variance.
9107.25.070 Burden of Proof
The burden of proof to establish the evidence in support of the findings, required by Subsection 9107.25.050 (Findings and
Decision), above, is the responsibility of the applicant.
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
9107.27 – Zoning Clearances 7-78 November 2016
9107.25.080 Conditions of Approval
In approving a Variance application, the Commission may impose conditions deemed reasonable and necessary to ensure that
the approval would be in compliance with this Section, State law, and the findings required by Subsection 9107.25.050 (Findings
and Decision), above.
9107.25.090 Use of Property before Final Action
No permits or approvals shall be issued for any improvement involved in an application for a Variance until and unless the same
shall have become final, in compliance with Subsection 9108.11.030 (Effective Dates of Permits).
9107.25.100 Post Decision Procedures
The procedures and requirements in Section 9108.11 (Permit Implementation, Time Limits, and Extensions), and those related to
appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply
following the decision on a Variance application.