HomeMy WebLinkAbout2273 ORDINANCE NO. 2273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE IX OF
THE ARCADIA MUNICIPAL CODE TO ENACT THE 2010 GENERAL
PLAN UPDATE PROJECT AND ADDRESS NEW LOCAL AND STATE
REGULATIONS AND STANDARDS.
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Article IX, Chapter 2, Part 2, Section 9220.1 of the Arcadia
Municipal Code is hereby amended to read as follows:
"9220.1. ACCESSORY BUILDING. Accessory building means a building, which
is subordinate to the main dwelling on the same lot. This includes, but is not limited to a
detached garage, gazebo, pergola, cabana, pool house, recreation room, trellis, and
covered patio. When a structure abuts or is joined to the wall of the main dwelling and
there is access to the main dwelling, such structure shall be counted as part of the main
dwelling."
SECTION 2. Section 9220.18.4 is hereby renumbered to 9220.18.5 and a new
Section 9220.18.4 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia
Municipal Code to read as follows:
"9220.18.4 DOWNTOWN MIXED USE. A zoning designation that allows a
development that integrates compatible commercial or retail uses, or both, with
residential uses and that because of its proximity to jobs, shopping, and residences, will
minimize new vehicle trip generation."
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SECTION 3. Article IX, Chapter 2, Part 2, Section 9220.2 of the Arcadia
Municipal Code is hereby amended to read as follows:
"9220.2. ACCESSORY DWELLING UNITS. Accessory Dwelling Units are
separate living units that may include a separate kitchen, sleeping, and bathroom
facilities, and are detached from the main dwelling unit on a single - family lot. Accessory
Dwelling Units are subordinate in size, location, and appearance to the main dwelling
unit."
SECTION 4. Article IX, Chapter 2, Part 2, Section 9220.21 of the Arcadia
Municipal Code is hereby amended to read as follows:
"9220.21 DWELLING, ONE FAMILY. One - Family Dwelling is a detached
building designed exclusively for occupancy by one family. This definition includes
manufactured homes, installed in compliance with California Government Code Section
65852.3."
SECTION 5. A new Section 9220.24.1 is hereby added to Article IX, Chapter 2,
Part 2 of the Arcadia Municipal Code to read as follows:
"9220.24.1 EMERGENCY SHELTER. Pursuant to Section 50801(e) of the
California Health and Safety Code, an emergency shelter is housing with minimal
supportive services for homeless persons that is limited to occupancy of six months or
less by a homeless person."
SECTION 6. Article IX, Chapter 2, Part 2, Section 9220.25 of the Arcadia
Municipal Code is hereby amended to read as follows:
"9220.25 FAMILY. Two or more persons living together as a single
housekeeping unit in a dwelling unit. This term does not include a boarding house."
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SECTION 7. Article IX, Chapter 2, Part 2, Section 9220.25.1 of the Arcadia
Municipal Code is hereby amended to read as follows:
"9220.25.1 FLOOR AREA RATIO. Floor Area Ratio (FAR) is the maximum
non - residential building square footage that may be permitted. FAR is measured by
dividing building square footage by lot area existing prior to development. For Regional
Shopping Centers, Gross Leasable Area shall be used to determining building square
footage. For all other land uses, Gross Floor Area shall be used to determine building
square footage."
SECTION 8. Article IX, Chapter 2, Part 2, Section 9220.25.2 of the Arcadia
Municipal Code is hereby amended to read as follows:
"9220.25.2 GROSS FLOOR AREA. Gross Floor Area shall be the total
dimensions on each floor as measured from the outside wall."
SECTION 9. Article IX, Chapter 2, Part 2, Section 9220.25.3 of the Arcadia
Municipal Code is hereby amended to read as follows:
"9220.25.3 GROSS LEASABLE AREA. Gross leasable area shall be the total
floor area designed for the tenant's occupancy and exclusive use, including basements,
mezzanines or upper floors expressed in square feet and measured from the centerline
of joint partitions and from outside wall faces. It is the space for which tenants pay rent,
including sales areas."
SECTION 10. Section 9220.45.1.1 is hereby renumbered to Section
9220.45.1.3, and a new Section 9220.45.1.1 is hereby added to Article IX, Chapter 2,
Part 2 of the Arcadia Municipal Code to read as follows:
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"9220.45.1.1 MANUFACTURED HOME. A manufactured home is a single -
family house constructed entirely in a controlled factory environment, built to the federal
Manufactured Home Construction and Safety Standards (better known as the HUD
Code). Manufactured homes are considered single - family dwelling units or one - family
dwellings."
SECTION 11. A new Section 9220.45.1.2 is hereby added to Article IX, Chapter
2, Part 2 of the Arcadia Municipal Code to read as follows:
"9220.45.1.2 MANUFACTURED HOME PARK. Any area or tract of land where
space is rented or held for rent to two or more owners or users of manufactured homes
or mobile homes. Manufactured Home Parks are permissible in R -2 or R -3 zoning
districts subject to the submittal of a Specific Plan application per Section 9296 et. seq."
SECTION 12. A new Section 9220.45.1.4 is hereby added to Article IX, Chapter
2, Part 2 of the Arcadia Municipal Code to read as follows:
"9220.45.1.4 MIXED USE. A zoning designation that allows the combination of
commercial and residential uses in the same structure and the residential component is
located above the nonresidential component. Nonresidential uses are typically
commercial uses and the primary activity on the ground floor space in a project."
SECTION 13. A new Section 9220.45.1.5 is hereby added to Article IX, Chapter
2, Part 2 of the Arcadia Municipal Code to read as follows:
"9220.45.1.5 MOBILE HOME. A structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It does not include
recreational vehicles or travel trailers. The term includes, but is not limited to, the
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definition of "mobile home," as set forth in regulations governing the Mobile Home
Safety and Construction Standards Program, 924 CFR 3282.7(a). A mobile home is
only permitted within a Manufactured Home Park."
SECTION 14. Article IX, Chapter 2, Part 2, Section 9220.50.1 of the Arcadia
Municipal Code is hereby amended to read as follows:
"9220.50.1 REGIONAL SHOPPING CENTER. For the purpose of determining
parking regulations, a Regional Shopping Center shall mean a planned, integrated
commercial development comprising not less than seven hundred fifty thousand
(750,000) square feet of gross leasable area."
SECTION 15. A new Section 9220.50.2 is hereby added to Article IX, Chapter 2,
Part 2 of the Arcadia Municipal Code to read as follows:
"9220.50.2 RESIDENTIAL CARE FACILITY — GENERAL. Any State licensed
facility, place, or structure that is maintained and operated to provide non - medical, day-
care, or foster agency services for seven or more adults, children, or adults and children
as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section
1500 et seq. This use includes the administration of limited health care assistance and
includes facilities serving those with disabilities."
SECTION 16. A new Section 9220.50.3 is hereby added to Article IX, Chapter 2,
Part 2 of the Arcadia Municipal Code to read as follows:
"9220.50.3 RESIDENTIAL CARE FACILITY — LIMITED. Any State licensed
facility, place, or structure that is maintained and operated to provide non - medical, day-
care, or foster agency services for six or fewer adults, children, or adults and children as
defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500
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et seq. This use includes the administration of limited health care assistance and
includes facilities serving those with disabilities. Uses considered a Residential Care
Facility- Limited are permitted by right as required by State law in all zones that allow
residential uses by right."
SECTION 17. A new Section 9220.62 is hereby added to Article IX, Chapter 2,
Part 2 of the Arcadia Municipal Code to read as follows:
"9220.62 SUPPORTIVE HOUSING - GENERAL. A State licensed facility
providing housing with no limit on length of stay to be occupied by seven or more
individuals of a target population and linked to on -site or off -site services that assist the
occupants to retain the housing, improve their health status, and maximize their ability
to live in the community."
SECTION 18. A new Section 9220.62.1 is hereby added to Article IX, Chapter 2,
Part 2 of the Arcadia Municipal Code to read as follows:
"9220.62.1 SUPPORTIVE HOUSING — LIMITED. A State licensed facility
providing housing with no limit on length of stay to be occupied by six or fewer
individuals of a target population and linked to on -site or off -site services that assist the
occupants to retain the housing, improve their health status, and maximize their ability
to live in the community. Supportive Housing- Limited facilities are permitted by right as
required by State law in all zones that allow residential uses by right."
SECTION 19. A new Section 9220.65.1 is hereby added to Article IX, Chapter 2,
Part 2 of the Arcadia Municipal Code to read as follows:
"9220.65.1 TRANSITIONAL HOUSING — GENERAL. A State licensed facility
that has as its purpose the facilitating of the movement of seven or more homeless
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individuals and families into permanent housing within a reasonable amount of time (no
less than six months)."
SECTION 20. A new Section 9220.65.2 is hereby added to Article IX, Chapter 2,
Part 2 of the Arcadia Municipal Code to read as follows:
"9220.65.2 TRANSITIONAL HOUSING — LIMITED. A State licensed facility
that has as its purpose facilitating of the movement of six or fewer homeless individuals
and families into permanent housing within a reasonable amount of time (no less than
six months). Transitional Housing- Limited facilities are permitted by right as required by
State law in all zones that allow residential uses by right."
SECTION 21. Article IX, Chapter 2, Part 5, Division 0, Section 9250.2.5 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9250.2.5 ACCESSORY DWELLING UNITS. Accessory dwelling units shall
comply with the following regulations:
A. Location and Operation Standards:
1. An accessory dwelling unit may be constructed on any legal parcel of 15,000
square feet or more.
2. No more than one accessory dwelling unit shall be allowed on a property.
3. Accessory dwelling units shall only be built when there is an existing single - family
residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling
unit may be constructed at the same time as the primary residence, however no
certificate of occupancy may be issued unless and until a certificate of occupancy is
issued for the primary residence.
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4. Accessory dwelling units shall not be attached in any way to any other building,
except for a garage or carport that serves the accessory dwelling unit, and shall not be
within ten (10) feet of another building. Accessory dwelling units shall not be attached
to the main residence.
5. A covenant in a form approved by the City Attorney shall be required to be filed
for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be
sold independently of the main dwelling unit and parcel.
B. Development Standards:
1. Except as identified in this Subsection, accessory dwelling units shall comply with
all the development standards (e.g. setbacks, lot coverage, height, encroachment
plane, etc. that apply to the primary residence).
2. An accessory dwelling unit shall not be more than 600 square feet of gross floor
area, not including a covered porch, covered patio, or trellis, and a garage or carport
that serves the accessory dwelling unit.
3. An accessory dwelling unit shall be limited to a height of one -story, not to exceed
twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest
ridgeline, and shall not exceed the height of the primary residence.
4. An accessory dwelling unit shall be provided with a minimum of one (1) on- street
parking space (covered or uncovered) in a designated location outside of the required
front or street -side yard setbacks.
SECTION 22. Section 9251.1.2 of Chapter 2, Part 5, Division 1 of Article IX is
hereby deleted in its entirety.
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SECTION 23. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.3.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9251.2.3.1. CORNER LOTS. On corner lots the required side yard setback
adjoining the interior lot shall be as specified in Section 9252.2.3. 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 setback not less than 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. 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.
On corner lots an attached garage portion of a main dwelling that does not
exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen
(15) feet from the rear property 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 and its intersection with the street side property line.
Architectural projections, with the exception of roof eaves shall not project into the
required setback."
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SECTION 24. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.3.2 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9251.2.3.2. 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 architectural features and wall, shall be
set back 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.
On reverse corner lots an attached garage portion of a main dwelling that does
not exceed one (1) story and sixteen (16) feet in height may be located not less than
fifteen (15) feet from the rear property 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 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."
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SECTION 25. Section 9251.2.9. of Chapter 2, Part 5, Division 1 of Article IX is
hereby deleted in its entirety.
SECTION 26. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.9.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS.
Accessory buildings, except for accessory dwelling units are not to be used as dwelling
units. Accessory buildings may not have more than one (1) story, exceed more than
sixteen (16) feet in height, occupy more than twenty -five percent (25 %) of a required
rear yard, be located within five (5) feet of a rear lot line nor within ten (10) feet of
another building, contain more than one (1) room and one (1) three - quarter (3/4)
bathroom. Side yard setbacks for accessory buildings shall be the same as those
specified for main dwellings in this Division. The total floor area of detached accessory
building(s), not including accessory dwelling units shall not exceed fifty percent (50 %) of
the ground floor area of the main dwelling."
SECTION 27. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.10.3 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9251.2.10.3 ACCESSORY DWELLING UNITS. Accessory dwelling units shall
comply with the following regulations:
A. Location and Operation Standards:
1. An accessory dwelling unit may be constructed on any legal parcel of 15,000
square feet or more.
2. No more than one accessory dwelling unit shall be allowed on a property.
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3. Accessory dwelling units shall only be built when there is an existing single - family
residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling
unit may be constructed at the same time as the primary residence, however no
certificate of occupancy may be issued unless and until a certificate of occupancy is
issued for the primary residence.
4. Accessory dwelling units shall not be attached in any way to any other building,
except for a garage that serves the accessory dwelling unit, and shall not be within ten
(10) feet of another building. Accessory dwelling units shall not be attached to the main
residence.
5. A covenant in a form approved by the City Attorney shall be required to be filed
for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be
sold independently of the main dwelling unit and parcel.
B. Development Standards:
1. Except as identified in this Subsection, accessory dwelling units shall comply with
all the development standards (e.g. setbacks, lot coverage, height, encroachment
plane, etc. that apply to the primary residence).
2. An accessory dwelling unit shall not be more than 600 square feet of gross floor
area, not including a covered porch, covered patio, trellis, and a garage or carport that
serves the accessory dwelling unit.
3. An accessory dwelling unit shall be limited to a height of one -story, not exceed
twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest
ridgeline, and shall not exceed the height of the primary residence.
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4. An accessory dwelling unit shall be provided with a minimum of one (1) on -site
parking space (covered or uncovered) in a designated location outside of the required
front or street -side yard setbacks."
SECTION 28. Section 9252.1.2 of Chapter 2, Part 5, Division 2 of Article IX is
hereby deleted in its entirety.
SECTION 29. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.3.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9252.2.3.1. CORNER LOTS. On corner lots the required side yard setback
adjoining the interior lot shall be as specified in Section 9252.2.3. 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 setback not less than 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. 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.
On corner lots an attached garage portion of a main dwelling that does not
exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen
(15) feet from the rear property 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
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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 roof eaves shall not project into the
required setback."
SECTION 30. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.3.2 of the
Arcadia Municipal Code is hereby amended 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 architectural features and wall, shall be
set back 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.
On reverse corner lots an attached garage portion of a main dwelling that does
not exceed one (1) story and sixteen (16) feet in height may be located not less than
fifteen (15) feet from the rear property 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 and its intersection with the street side property line.
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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 31. Section 9252.2.9. of Chapter 2, Part 5, Division 2 of Article IX is
hereby deleted in its entirety.
SECTION 32. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.9.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9252.2.9.1. ACCESSORY BUILDINGS. REGULATIONS.
Accessory buildings, except for accessory dwelling units are not to be used as dwelling
units. Accessory buildings may not have more than one (1) story, exceed more than
sixteen (16) feet in height, occupy more than twenty -five percent (25 %) of a required
rear yard, be located within five (5) feet of a rear lot line nor within ten (10) feet of
another building, contain more than one (1) room and one (1) three - quarter (3/4)
bathroom. Side yard setbacks for accessory buildings shall be the same as those
specified for main dwellings in this Division. The total floor area of detached accessory
building(s), not including accessory dwelling units shall not exceed fifty percent (50 %) of
the ground floor area of the main dwelling."
SECTION 33. Section 9252.2.9.2 of Chapter 2, Part 5, Division 2 of Article IX is
hereby deleted in its entirety.
SECTION 34. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.9.3 of the
Arcadia Municipal Code is hereby amended to read as follows:
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"9252.2.9.3 ACCESSORY DWELLING UNITS. Accessory dwelling units shall
comply with the following regulations:
A. Location and Operation Standards:
1. An accessory dwelling unit may be constructed on any legal parcel of 15,000
square feet or more.
2. No more than one accessory dwelling unit shall be allowed on a property.
3. Accessory dwelling units shall only be built when there is an existing single - family
residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling
unit may be constructed at the same time as the primary residence, however no
certificate of occupancy may be issued unless and until a certificate of occupancy is
issued for the primary residence.
4. Accessory dwelling units shall not be attached in any way to any other building,
except for a garage that serves the accessory dwelling unit, and shall not be within ten
(10) feet of another building. Accessory dwelling units shall not be attached to the main
residence.
5. A covenant in a form approved by the City Attorney shall be recorded for each
accessory dwelling unit, requiring that the accessory dwelling unit shall not be sold
independently of the main dwelling unit and parcel.
B. Development Standards:
1. Except as identified in this Subsection, accessory dwelling units shall comply with
all the development standards (e.g. setbacks, lot coverage, height, encroachment
plane, etc. that apply to the primary residence).
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2. An accessory dwelling unit shall not be more than 600 square feet of gross floor
area, not including a covered porch, covered patio, trellis, and a garage or carport that
serves the accessory dwelling unit.
3. An accessory dwelling unit shall be limited to a height of one -story, not exceed
twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest
ridgeline, and shall not exceed the height of the primary residence.
4. An accessory dwelling unit shall be provided with a minimum of one (1) on -site
parking space (covered or uncovered) in a designated location outside of the required
front or street -side yard setbacks."
SECTION 35. Article IX, Chapter 2, Part 5, Division 3, Section 9253.1.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9253.1.1. SINGLE - FAMILY DWELLINGS.
Single- family dwellings of a permanent character. A new or expansion to an existing
single - family dwelling shall be reviewed pursuant to the regulations contained in the R -2
zone."
SECTION 36. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.5 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9253.2.5. - SIDE YARD. On interior lots there shall be a side yard on each side
of every building of not less than ten feet (10') On corner lots the required side yard
adjoining the interior lot shall be ten feet (10') The required side yard on the street side
of a corner lot shall not be less than the required front yard setback for the side street.
EXCEPTION. On lots that are less than sixty -five feet (65') in width the enclosed single -
story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the
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required interior side yard setback, provided that there shall be no living space in said
enclosed garage encroachment. "
SECTION 37. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.6 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9253.2.6. REAR YARD. There shall be a rear yard of not less than ten feet
(10') in depth."
SECTION 38. Section 9253.2.8 of Chapter 2, Part 5, Division 3 of Article IX is
hereby deleted in its entirety.
SECTION 39. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.9 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9253.2.9. PARKING. The following regulations shall apply to parking:
A. Two (2) covered parking spaces shall be provided and assigned to each
dwelling unit.
B. On lots containing more than one (1) dwelling unit, guest parking shall be
provided at the rate of one (1) parking space for every two (2) dwelling units. When the
calculation results in a number other than a whole number, the requirement shall be
rounded to the next higher whole number.
C. Structures used principally for parking shall not be higher than one (1)
story.
D. Each parking space shall have clear dimensions at least of nine feet (9') in
width by nineteen feet (19') in depth.
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E. Safe ingress and egress shall be provided for each parking space by a
twenty- five -foot (25') turning radius and /or a minimum of twenty -five feet (25') of back
out space directly adjacent to said parking space.
F. No portion of any required driveway may be used to fulfill any parking
space requirements.
G. Adequate bumper guards shall be provided to protect from damage the
interior wall of garages and /or the supports of carports.
H. A clear three -foot (3') wide planting area shall be landscaped and so
maintained between any open parking space and adjoining property lines.
I. No parking shall be permitted within required front and /or street -side
yards.
J. Each required guest parking space shall have clear dimensions of at least
nine feet (9') in width by nineteen feet (19') in depth.
K. "Guest Parking Only" signs with letters not less than two inches (2 ") in
height shall be properly located to designate guest parking spaces."
SECTION 40. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.10 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9253.2.10. DRIVEWAY REQUIREMENTS. The following shall apply to
driveways:
A. Any driveway to a parking space shall be at least ten feet (10') wide and
shall be totally unobstructed from the pavement upward, except as provided in this Title.
B. Every driveway serving as access to more than twelve (12) required
parking spaces or which is more than one hundred twenty -five feet (125') long shall be
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not less than eighteen feet (18') wide and shall be totally unobstructed from the
pavement upward, except as provided in this Title.
EXCEPTION: Two (2) ten foot (10') wide driveways may be provided in lieu of one (1)
eighteen -foot (18') wide driveway; provided that one (1) driveway is specified for ingress
only and the other driveway is specified for egress only.
C. Each driveway adjacent to a parking space shall have a width that
provides the required safe ingress and egress and shall be totally unobstructed from the
pavement upward, except as provided in this title.
D. Every driveway shall be entirely paved.
E. Community driveways shall be permitted provided that the owners of the
lots show proof of a recorded easement or other legal instruments authorizing the use of
such shared driveway arrangement and provided that a Covenant in recordable form
approved by the City Attorney is by its terms to be for the benefit of, enforceable by, and
to be released only by the City, and is executed by all the owners of all property affected
thereby. The Covenant shall state that such community driveway shall be usable by the
tenants and owners of the properties proposed to be served by the community
driveway. Recordation of this instrument shall be completed prior to the issuance of a
Building Permit.
F. Eaves, no portion of which is Tess than thirteen feet (13') above the
pavement, may overhang any driveway a distance of not more than three feet (3').
G. Utility pole cross -arms and utility service wires may be located not less
than thirteen feet (13') in height above the paved surface of any driveway.
20
H. Whenever a driveway is located within a required side yard, a landscaped
area at least a clear three feet (3') in width shall be maintained between the property
line and the driveway.
I. A clear two -foot (2') wide landscaped area shall be maintained between
any driveway and any building."
SECTION 41. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.11 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9253.2.11. OPEN SPACE. The following regulations shall apply:
A. At least one hundred (100) square feet of contiguous private open space
shall be provided for each dwelling unit. Such open space shall be directly accessible
from the unit it serves and shall have a minimum dimension of ten feet (10').
B. At least fifty percent (50 %) of the cumulative required open space shall be
landscaped and shall be maintained and provided with a permanent automated
irrigation system.
C. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street
frontage and /or side frontage shall be provided in the front and /or street side yards. The
specific locations of these trees are subject to the review and approval of the
Development Services Director or designee."
SECTION 42. Section 9253.2.13 of Chapter 2, Part 5, Division 3 of Article IX is
hereby deleted in its entirety.
SECTION 43. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.14 of the
Arcadia Municipal Code is hereby amended to read as follows:
21
"9253.2.14. DISTANCE BETWEEN BUILDINGS. Buildings on the same lot shall
have a minimum separation of ten feet (10')."
SECTION 44. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.15 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9253.2.15. LAUNDRY ROOM. If a laundry area is not provided in every unit, a
common laundry area shall be provided with a minimum of one (1) washer and one (1)
dryer for each ten (10) units and shall be centrally located to the units to be served."
SECTION 45. Article IX, Chapter 2, Part 5, Division 5, Section 9255.1.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9255.1.1. DWELLING UNITS. Two or more dwelling units, including single -
family dwellings, multiple family dwellings and /or cooperative dwellings constructed in
accordance with the regulations of Article VIII of this Code relating to the Multiple - Family
Construction Standards.
EXCEPTION: If a lot that is regulated by this Division has a width of fifty feet (50') or
less, it may be developed with only one (1) single - family dwelling. Such a development
shall be considered through the Modification process and is subject to the review and
approval of the Modification Committee. A new or expansion to an existing single - family
dwelling shall be reviewed pursuant to the regulations contained in the R -3 zone."
SECTION 46. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.4 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9255.2.4. SIDE YARD. On interior lots there shall be a side yard on each side
of every building of not less than ten feet (10'). On corner lots the required side yard
adjoining the interior lot shall be ten feet (10'). The required side yard on the street side
22
of a corner lot shall not be less than the required front yard setback for the side street.
EXCEPTION: On lots that are Tess than sixty -five feet (65') in width the enclosed single -
story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the
required interior side yard setback, provided that there shall be no living space in said
enclosed garage encroachment."
SECTION 47. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.5 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9255.2.5. REAR YARD. There shall be a rear yard of not less than ten feet
(10') in depth."
SECTION 48. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.7 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9255.2.7. DWELLING UNIT DENSITY. Maximum density: one dwelling unit
per one thousand four hundred fifty (1,450) square feet of lot area (30 dwelling units per
acre).
Minimum density: one dwelling unit per two thousand two hundred (2,200)
square feet of lot area (20 dwelling units per acre)."
SECTION 49. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.8 of the
Arcadia Municipal Code is hereby deleted.
SECTION 50. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.9 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9255.2.9. PARKING. The following regulations shall apply to parking:
23
A. Two (2) covered parking spaces shall be provided and assigned to each
dwelling unit. Structures used principally for parking shall not be higher than one (1)
story.
B. On lots containing more than one (1) dwelling unit, guest parking shall be
provided at the rate of one (1) parking space for every two (2) dwelling units. Where the
calculation results in a number other than a whole number, the requirement shall be
rounded to the next higher whole number.
C. Each parking space shall have clear dimension of nine feet (9') in width by
nineteen feet (19') in depth.
D. Safe ingress and egress shall be provided for each parking space by a
twenty- five -foot (25') turning radius and /or a minimum of twenty -five feet (25') of back
out space directly adjacent to said parking space.
E. No portion of any required driveway may be used to fulfill any such
parking space requirements.
F. Adequate bumper guards shall be provided to protect from damage the
interior wall of garages and /or the supports of carports.
G. A clear three -foot (3') wide planting area shall be landscaped and so
maintained between any open parking space and adjoining property lines.
H. No parking shall be permitted within required front and /or street side
yards.
I. Each required guest parking space shall have clear dimension of nine feet
(9') in width by nineteen feet (19') in depth.
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J. "Guest Parking Only" signs with letters not Tess than two inches (2 ") in
height shall be properly located to designate guest parking spaces."
SECTION 51. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.10 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9255.2.10. - DRIVEWAY REQUIREMENTS. The following shall apply to
driveways:
A. Any driveway to a parking space shall be at least ten feet (10') wide and
shall be totally unobstructed from the pavement upward, except as provided in this Title.
B. Every driveway serving as access to more than twelve (12) required
parking spaces or which is more than one hundred twenty -five feet (125') long, shall be
not Tess than eighteen feet (18') wide and shall be totally unobstructed from the
pavement upward, except as provided in this Title.
EXCEPTION: Two (2) ten -foot (10') wide driveways may be provided in lieu of one (1)
eighteen -foot (18') wide driveway; provided that one (1) driveway is specified for ingress
only and the other driveway is specified for egress only.
C. Each driveway adjacent to the rear of a parking space shall have a width
that provides the required safe ingress and egress and shall be totally unobstructed
from the pavement upward, except as provided in this Title.
D. Every driveway shall be entirely paved.
E. Community driveways shall be permitted provided the owners of the lots
show proof of a recorded easement or other legal instruments authorizing the use of
such shared driveway arrangements and provided that a Covenant in recordable form
approved by the City Attorney, is by its terms to be for the benefit of, enforceable by,
25
and to be released only by the City, and is executed by all the owners of all property
affected thereby. The Covenant shall state that such community driveway shall be
usable by the tenants and owners of the properties proposed to be served by the
community driveway. Recordation of this instrument shall be completed prior to the
issuance of a Building Permit.
F. Eaves, no portion of which is less than thirteen feet (13') above the
pavement, may overhang any driveway a distance of not more than three feet (3').
G. Utility pole cross -arms and utility service wires may be located not Tess
than thirteen feet (13') in height above the paved surface of any driveway.
H. Whenever a driveway is located within a required side yard, a landscaped
area at least a clear three feet (3') in width shall be maintained between the property
line and the driveway.
I. A clear two foot (2') wide landscaped area shall be maintained between
any driveway and building."
SECTION 52. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.11 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9255.2.11. OPEN SPACE. The following regulations shall apply:
A. At least one hundred (100) square feet of contiguous private open space
shall be provided for each dwelling unit. Such open space shall be directly accessible
from the unit, which it serves, and shall have a minimum dimension of ten feet (10').
B. At least fifty percent (50 %) of the cumulative required open space shall be
landscaped and shall be maintained and provided with a permanent irrigation system.
26
C. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street
frontage shall be provided in the front and /or street side yards. The specific locations of
these trees are subject to the review and approval of the Development Services Director
or designee."
SECTION 53. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.14 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9255.2.14. DISTANCE BETWEEN BUILDINGS. Buildings on the same lot shall
have a minimum separation of ten feet (10')."
SECTION 54. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.15 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9255.2.15. LAUNDRY ROOM. If a laundry area is not provided in every unit, a
common laundry area shall be provided with a minimum of one (1) washer and one (1)
dryer for each ten (10) units and shall be centrally located to the units to be served."
SECTION 55. Article IX, Chapter 2, Part 5, Division 7, Section 9257 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9257. INTENT AND PURPOSE. This Division is established to provide a
Density Bonus Ordinance for all multiple - family, Downtown Mixed Use, and Mixed -Use
zones, which is intended to comply with the State Density Bonus Law, Government
Code Section 65915. In accordance with the provisions of this Chapter and in
consideration to developers of multiple - family housing for, Lower - income Households,
Very-low- income Households, Moderate - income Households, or Senior Citizens, the
City shall grant a Density Bonus and additional concessions."
27
SECTION 56. Article IX, Chapter 2, Part 5, Division 7, Section 9257.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9257.1. DEFINITIONS. For the purposes of this Division, certain words and
phrases used herein shall be defined as follows:
A. Affordability. The ability to satisfy the requirements of an Affordable Unit.
B. Affordable Unit(s). Affordable units shall mean housing units that have
costs or rents as defined in Section 50052.5 and 50053 of the Health and Safety Code,
as said sections may be hereinafter amended, for Very-low- income, Lower - income, or
Moderate - income Households.
C. Common Interest Development. A project composed of individually
owned units that share usage and financial responsibility for common areas, including a
community apartment project, a condominium project, a planned development, and a
stock cooperative.
D. Concession. Concession shall mean the adjustment of a development
standard required by the City and exceeding the minimum standards required by State
law, in order to facilitate construction of eligible Housing Developments as defined by
the provisions of this Division. Concessions may include, but are not limited to priority
processing, fee deferments and waivers, and granting of modifications to applicable
zoning requirements.
E. Condominium /Apartment Conversion. A project involving the conversion of
a building with tenants, or a cooperative building with tenant - shareholders, into a
community of individual owners of specified units and common owners of all common
areas.
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F. Density bonus. Density bonus shall mean an increased density of up to
thirty five percent (35 %) over the maximum authorized density, which is granted to a
developer of a multiple - family project that includes a prescribed percentage of
Affordable Units in accordance with the density bonus provisions listed in section
9257.2.
Exception: For the purpose of residential Condominium /Apartment conversion
projects, "density bonus" shall mean an increase in units of twenty -five percent (25 %)
over the number of apartments to be provided within the existing structure or structures
proposed for conversion.
G. Housing Development. Housing Development shall mean multiple - family
residential projects within the R -2 and R -3 zones of the City including, but not limited to,
projects to substantially rehabilitate and convert existing commercial buildings to
residential use or projects to substantially rehabilitate existing multiple - family dwelling
units where the result of the rehabilitation is a net increase in available residential units.
H. Incentive. Incentive shall mean the adjustment of a development standard
required by the City and exceeding the minimum standards required by State law, in
order to facilitate construction of eligible Housing Developments as defined by the
provisions of this Division. Incentives may include, but are not limited to, priority
processing, fee deferments and waivers, and granting of modifications to applicable
zoning requirements.
Household type. Household type shall mean whether the occupants of the
dwelling units are lower- income, very-low- income, moderate income, or senior citizens.
29
J. Land Donation. A land donation shall mean a transfer of land to the City or
housing developer identified and approved by the City, no later than the date of
approval of a final subdivision map, parcel map or residential development application
of an area; (1) large enough and zoned to accommodate housing for Very-low Income
Households equal to at least 10 percent of the number of units in the market -rate
development; (2) at least one acre in size or of sufficient size to permit development of
at least 40 units; (3) that is or will be served by adequate public facilities and
infrastructure; (4) has the appropriate general plan designation; (5) has all the permits
and approvals, other than building permits, necessary for the development of the
Affordable Units not later than the date of approval of the final subdivision map, parcel
map, or residential development, except design review in the event the design is not
required by the City prior to the transfer; (6) subject to a deed restriction ensuring
Affordability consistent with this Division, which shall be recorded at the time of the
transfer; (7) within the boundary of the proposed Housing Development or, if the City
agrees, within one - quarter mile of the boundary of the proposed Housing Development.
A proposed source of funding for the Affordable Units shall be identified not later than
the date of approval of the final subdivision map, parcel map, or residential development
application.
K. Lower - income and Very-low- income Households. Lower - income and very-
low- income households are defined by income limits that are established in Sections
50079.5 and 50105 respectively of the Health and Safety Code, as said sections may
be hereinafter amended.
30
L. Moderate - income households. Moderate - income households are defined
by income limits that are established in Section 50093 of the Health and Safety Code,
as said sections may be hereinafter amended.
M. Senior citizens. Senior citizens shall mean persons who are at least fifty -
five years of age, in accordance with State and federal Law.
N. Senior citizen housing development. Senior citizen housing development
shall mean government- subsidized housing units for senior citizens consisting of at
least thirty five (35) units each occupied by at least one (1) person aged fifty -five (55) or
older and which provides facilities and services designed for seniors."
SECTION 57. Article IX, Chapter 2, Part 5, Division 7, Section 9257.2 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9257.2. APPLICABILITY AND EXCEPTION.
A. Housing developments consisting of five (5) units or more (excluding bonus
units), excluding Condominium /Apartment Conversions, are eligible for a density bonus,
a modified parking requirement, and additional concessions or incentives, provided that
the project meets one or more of the following criteria:
1. At least ten percent (10 %) of the total number of units of a housing
development are designated for lower- income households; or
2. At least five percent (5 %) of the total number of units of a housing
development are designated for very-low- income households; or
3. At least ten percent (10 %) of the total number of units of a housing
development are designated for very-low income units for Households (Land Donation
projects only); or
31
4. At least ten percent (10 %) of the total number of units of a housing
development are designated for moderate - income households (Common Interest
Developments that are offered to the public for purchase only); or
5. A Senior Citizen Housing Development.
B. Residential condominium conversion projects (converting apartments into
condominium units) consisting of five (5) apartment units or more are eligible for a
twenty -five percent (25 %) density bonus, as set forth in this Division, provided that the
project meets one or more of the following criteria:
1. At least thirty -three percent (33 %) of the total number of units of the
proposed Condominium /Apartment Conversion project are designated for Low -to-
Moderate- income households; or
2. At least fifteen percent (15 %) of the total number of units of the proposed
Condominium /Apartment conversion project are designated for Very-low income
households.
3. The proposed apartment complex that is proposed to be converted into
condominiums shall not have been previously granted a Density Bonus.
C. The density bonus for qualified projects shall be calculated as follows in
Table 1: Density Bonus Provisions. A developer must choose a density bonus from
only one affordability category and cannot combine categories.
32
Table 1: Density Bonus Provisions
Each
Minimum Additional
Set -Aside of Bonus 1% Set -
Affordability Categories Affordable Granted Aside of Maximum
Units Affordable
Units
adds:
Very Low Income Households 5% 20% 2.5% 35%
Lower Income Households 10% 20% 1.5% 35%
Moderate Income (Common 10% 5% 1.0% 35%
Interest Development Only)
Senior Citizen Housing 100% ° 20%
Development (minimum 35 20 /o -- 20 /o
units)
Senior Citizen Housing 100%
Development & 100% of units (minimum 20% 20%
are for Lower Income or Very- 35 units)
low income Households
Land Donation (Very -low 10% 15% 1% 35%
income Household projects only)
33% low -to-
Condominium /Apartment moderate ° °
Conversions income 25 /o NA 25 /°
15% very
low income
D. The City shall deny a proposed housing development with affordable units
if any one of the following findings is made:
1. A finding in accordance with Section 65589.5 of the Government Code, as
the section may be hereinafter amended.
2. The project would have a specific, adverse impact upon the public's health or
safety, and there is no reasonably feasible method to satisfactorily mitigate the identified
adverse impact."
SECTION 58. Article IX, Chapter 2, Part 5, Division 7, Section 9257.3 of the
Arcadia Municipal Code is hereby amended to read as follows:
33
"9257.3. CONCESSIONS AND INCENTIVES. In addition to a density bonus,
the City shall grant a specified number of concessions or incentives to the developer in
accordance with Sections 65915 et seq. of the Government Code, as the sections may
be hereinafter amended, unless the City adopts a written finding that the additional
Concessions or Incentive is (1) not required to make the units Affordable; (2) has a
specific adverse impact upon the public's health and safety, or the physical
environment, or any real property listed in the California Register of Historical
Resources, for which there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the development unaffordable; or (3) would
be contrary to State or federal law. Concessions and Incentives may be any of the
following:
a. A modification of applicable zoning code requirements;
b. Reduction of application or construction permit fees;
c. Other regulatory concessions proposed by the applicant or the City."
SECTION 59. Article IX, Chapter 2, Part 5, Division 7, Section 9257.4 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9257.4. GENERAL REQUIREMENTS.
A. Before the issuance of a building permit for any dwelling unit in a Housing
Development for which a Density Bonus has been awarded or Concessions or
Incentives granted pursuant to this Division, the developer shall identify the Affordable
Units and shall enter into a written agreement with the City, as set forth further in
Section 9257.5 to guarantee one (1) or both of the following, as applicable:
34
1. Low and Very-low- income Households: Affordable Units for Low and Very-
low income Households shall continue to be Affordable for a minimum of thirty (30)
years, which thirty (30) year restriction shall renew upon sale or transfer of the units.
These units shall remain Affordable for a longer period of time if required by the
construction or mortgage financing assistance program, mortgage insurance program,
or rental subsidy program.
2. Moderate - income Households: The initial occupant must be a Moderate -
income Household and the unit shall be Affordable. An equity- sharing agreement will
be required indicating that upon resale, the seller of the unit shall retain the value of any
improvements, the down payment, and the seller's proportionate share of appreciation.
Upon resale, the City shall recapture any initial subsidy and its proportionate share of
appreciation in accordance with Section 65915(c) (2)(B)(C) of the Healthy and Safety
Code, as said section may be hereinafter amended. The City shall spend such
recaptured funds within five (5) years for the construction, rehabilitation, or preservation
of Affordable housing for Very-low, Low and Moderate - income Households, as
described in Section 33334.2(e) of the Healthy and Safety Code, as said section may
be hereinafter amended.
B. Affordable units shall be dispersed throughout the project and
architecturally compatible with the overall housing development.
C. In calculating the additional density bonus units to be permitted over the
stated density that is currently allowed by the existing zoning, or in calculating the
amount of affordable units to be required, any fractional remainder shall be rounded up
to the next whole number.
35
D. Nothing in this Division shall be construed to require the City to provide, or
limit the City's ability to provide direct financial incentives for Housing Developments,
including the provision of publicly owned land by the City or the waiver of fees and
dedication requirements.
E. The City's granting of an Incentive or Concessions shall not be
interpreted, in and of itself, to require a general plan amendment, zoning change or
other discretionary approval.
F. Nothing in this Division shall be interpreted to require the City to waive or
reduce development standards or to grant an Incentive or Concession that would have
a specific, adverse impact upon health, safety or the physical environment for which
there is no feasible method to mitigate or avoid the specific adverse impact; nor shall
this require the City to waive or reduce development standards or to grant an Incentive
or Concession that would have an adverse impact on any real property that is listed in
the California Register of Historical Resources."
SECTION 60. Article IX, Chapter 2, Part 5, Division 7, Section 9257.5 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9257.5. APPLICATION PROCEDURES.
A. A developer may submit a written preliminary proposal for a density bonus
prior to a formal application and may request a meeting with the City. The City shall
respond within ninety (90) days of receipt of a written preliminary proposal, notifying the
applicant in writing of the procedures which will be followed in processing a formal
application.
36
B. The formal application shall follow the review process as set forth for text
amendments in Article IX, Chapter 2, Part 9, Division 3 of the Arcadia Municipal Code,
and shall provide additional information as specified in this Chapter and as requested by
the City.
C. Concurrent with the submittal of the formal application, the applicant shall
also provide the following items to ensure compliance with the provisions of this
Chapter:
1. A "Density Bonus Agreement" (in a form approved by the City Attorney)
subject to approval by the City Council, and that shall run with the land. It may include,
but not be limited to, providing the following information:
(a) The number of requested dwelling units above the amount allowed by the
existing zoning, and the additional concessions and incentives requested;
(b) Household type, number, location, size and construction scheduling of all
affordable units;
(c) The time period of affordability for the affordable units, as set forth in this
Division;
(d) The standards for maximum qualifying incomes for affordable units;
(e) The standards for maximum rents or sales prices for affordable units;
(f) The process to be used to certify tenant and homeowner incomes;
(g) The arrangements with the City for the monitoring of the affordable units;
(h) How vacancies will be marketed and filled;
(i) Restrictions and enforcement mechanisms binding on the property upon its
sale or transfer;
37
(j) Penalties and enforcement mechanisms in the event of a failure to maintain
the affordability provisions;
(k) Any other provisions deemed necessary by the City of Arcadia.
2. A project financial report (pro forma) shall be submitted to allow the City to
evaluate the financial need for the additional concessions and incentives. The City may
retain a consultant to review the financial report. The cost of the consultant shall be at
the expense of the applicant."
SECTION 61. Article IX, Chapter 2, Part 6, Division 5, Section 9265.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9265.1. USES PERMITTED. No building or land shall be used and no building
shall be hereafter erected, constructed or established except for the uses specified in
the following subsections.
EXCEPTION: A conditional use permit shall be required for every retail business
selling alcoholic beverages for off - premise consumption and every retail business
selling goods and products to the public on a walk -in basis which is open more than
sixteen (16) hours per day or which is open to the public any time between midnight
(12:00 a.m.) and 6:00 a.m., and located Tess than one hundred fifty (150) feet from
residentially zoned property (Amended by Ord. 1893 adopted 9- 6 -88)."
P — Permitted
C — Conditional Use Permit
Communication and Transportation Permit Requirement
Alternative fuels and recharging facilities P
Automobile car wash C
Automobile storage C
Automobile fueling stations C
Automobile fueling stations and Automated C
self - service car wash
38
Automobile rental facility C
Automobile and truck repair C
Automobile self - service station C
Automobile service station C
Garages C
Major wireless communication facilities C
Motor vehicles and truck sales C
Automobile upholstering C
Used car sales C
Education
Art Studios C
Commercial, Trade, and Music schools C
Martial art studios C
Music and Vocational Schools C
Tutoring centers C
Entertainment and Facilities
Arcades C
Bowling alleys C
Health club C
Ice skating rinks C
Karaoke and sing -along C
Movie Theatres C
Roller skating rinks C
Retail
Building material sales (Not more than 20% of P
the outdoor area shall be devoted to outdoor
sales)
Retail uses P
Garden center /nursery P
Grocery store P
Pet Stores P
Warehouse Retail (under 40,000 square feet) P
Warehouse Retail (over 40,001 square feet) C
Wholesale (under 40,000 square feet) P
Wholesale (40,000 square feet and over) C
Services
Animal Boarding C
Animal Grooming P
Automated Tell Machines (ATMs) P
Bakeries P
Day Care facilities C
Drive -thru facilities C
Dry cleaning service P
Equipment rental establishments P
Dental offices or clinics P
39
Manufacturing (under 40,000 square feet) P
Manufacturing (40,00 square feet and over) C
Medical laboratories P
Medical services P
Mortuaries C
Offices P
Outdoor Storage C
Personal Services C
Recycling facilities C
Research and Development P
Restaurants, fast food, with or without outdoor C
dining
Self- Storage C
Towing Services C
Veterinary Services C
Warehousing & Distribution Storage P
(Enclosed)
SECTION 62. Section 9265.1.1 of Chapter 2, Part 6, Division 5 of Article IX is
hereby deleted in its entirety.
SECTION 63. Sections 9265.1.3; 9265.1.4; 9265.1.5; 9265.1.6; 9265.1.7;
9265.1.8; 9265.1.9; 9265.1.10; 9265.1.11; 9265.1.12; 9265.1.13; 9265.1.14; 9265.1.15;
9265.1.16; 9265.1.17; 9265.1.8; 9265.1.19; 9265.1.20; 9265.1.21 of Chapter 2, Part 6,
Division 5 of Article IX is hereby deleted in its entirety.
SECTION 64. Title "Division 5 C -M Commercial- Manufacturing Zone" located
below Section 9265.1.21 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted
in its entirety.
SECTION 65. Article IX, Chapter 2, Part 6, Division 5, Section 9265.2.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9265.2.1. BUILDING HEIGHT. No building hereafter erected, constructed or
established shall exceed three (3) stories or forty (40) feet (12.19 meters) in height,
except as provided in Division 6 of Part 7 (Special Height Zone) of this Chapter."
40
SECTION 66. Article IX, Chapter 2, Part 6, Division 5, Section 9265.2.2 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9265.2.2. FRONT YARD. No front yard shall be required."
SECTION 67. Article IX, Chapter 2, Part 6, Division 5, Section 9265.2.3 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9265.2.3. SIDE YARD. No side yard setback shall be required, unless it abuts
a residentially zoned property; then a minimum side yard setback of ten (10) feet shall
be maintained. No portion of any structure shall encroach through a plane projected
from an angle of forty -five (45) degrees as measured at the ground level along the
abutting residential property line."
SECTION 68. Section 9265.2.4 is hereby renumbered to become Section
9265.2.5, and a new Section 9265.2.4 is hereby added to Article IX, Chapter 2, Part 6,
Division 5, of the Arcadia Municipal Code to read as follows:
"9265.2.4. REAR YARD. No rear yard setback shall be required, unless it abuts
a residentially zoned property; then a minimum rear yard setback of ten (10) feet shall
be maintained. No portion of any structure shall encroach through a plane projected
from an angle of forty -five (45) degrees as measured at the ground level along the
abutting residential property line."
SECTION 69. Section 9265.2.6 is hereby added to Article IX, Chapter 2, Part
6, Division 5, of the Arcadia Municipal Code to read as follows:
"9265.2.6 ROOF - MOUNTED EQUIPMENT, ACCESSORY STRUCTURAL
ITEMS, AND MECHANICAL EQUIPMENT.
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1. Towers, chimneys, spires, gables, mechanical equipment and other roof-
top structures shall not exceed a height of ten (10) feet above the roof of any building.
Appurtenances not incorporated as architectural features shall be adequately screened.
No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground
level from any adjacent parcel, or any public street or right -of -way. This shall be
accomplished through the extension of the main structure or roof, or screened in a
manner that is architecturally integrated with the main structure
2. Mechanical equipment, including but not limited to heating and air
conditioning devices, shall be located within the building or if mounted elsewhere shall
be screened from public view."
SECTION 70. Article IX, Chapter 2, Part 6, Division 5, Section 9265.3.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9265.3.1. PARKING REQUIREMENTS. Unless otherwise indicated in this
division, parking facilities in the C -M Commercial- Manufacturing Zone shall be provided
in accordance with the standards for Commercial Zones of the General Parking
Regulations set forth in Division 9 of Part 6 of this Chapter (Sections 9269.1 et.seq.)."
SECTION 71. Article IX, Chapter 2, Part 6, Division 5, Section 9265.5.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9265.5.1. LANDSCAPING. Landscaping shall be required in the parking area,
subject to the conditions and limitations set forth in Section 9269.13 (Parking Area
Landscaping and Walls).
Trees shall be provided, as specified in this section and as shown on the landscape
plans:
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1) Trees in Front and Street Setback Areas. A minimum of one (1) tree for
every twenty (20) linear feet of street frontage shall be planted in the setback adjacent
to the street.
a) All required trees shall be a minimum size of twenty -four (24) inch box.
b) Notwithstanding the choice of tree specie that is durable and climatically
suitable to a project site, the applicant shall install a tree type that is the same variety as
trees on adjacent properties, if such tree(s) are healthy and would contribute to the
continuity of the streetscape.
c) Trees should generally be aligned with trees on adjacent properties.
2) Trees in Areas Other than Front and Street Setbacks. Trees planted in
landscaped areas other than front and street setbacks shall comply with the following
provisions.
a) Small canopy trees shall be combined with medium and /or large canopy
trees to enhance the depth and contrast of landscaping.
3) Shrubbery and Groundcover. Shrubbery, vines and groundcover shall be
provided, as specified in this section. A minimum of fifty (50 %) percent of required
shrubbery, vines and ground cover shall be drought tolerant.
a) Shrubbery. Fifty percent (50 %) of all required shrubs and similar plants
shall be a minimum size of five (5) gallons at time of planting.
b) Groundcover. Live groundcover shall be planted and maintained where
shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of
groundcover where groundcover will not grow or where groundcover will cause harm to
other plants.
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c) Groundcover Spacing. Groundcover plants should be planted at a density
and spacing necessary for them to become well established within eighteen (18)
months.
4) Approval Required. Landscape plans shall be submitted in conjunction
with building plans for construction. No landscaping or irrigation system shall be
installed until the plans are approved. The project shall comply with the requirements of
Arcadia Municipal Code Section 7554 (Water Efficiency Landscaping), with respect to
monitoring water usage."
SECTION 72. Section 9265.5.1.1 of Chapter 2, Part 6, Division 5 of Article IX is
hereby deleted in its entirety.
SECTION 73. Section 9265.5.1.2 of Chapter 2, Part 6, Division 5 of Article IX is
hereby deleted in its entirety.
SECTION 74. Article IX, Chapter 2, Part 6, Division 5, Section 9265.5.2 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9265.5.2. IRRIGATION. All landscaped areas shall be provided with a
permanent irrigation system installed below grade except for sprinkler heads and
valves."
SECTION 75. Section 9265.3 of Chapter 2, Part 6, Division 5 of Article IX is
hereby deleted in its entirety.
SECTION 76. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
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"9265.6.1 LIGHTING. Lighting shall be hooded and arranged to reflect away
from adjoining properties and streets. Lights shall be a maximum of thirty (30) feet
above the adjacent grade.
EXCEPTION. When the subject property abuts residentially zoned property, lights within
one hundred (100) feet of said property may not exceed fifteen (15) feet in height."
SECTION 77. Section 9265.6.2 in Article IX, Chapter 2, Part 6, Division 5 is
hereby deleted in its entirety and a new Section 9265.6.2 is hereby added in place
thereof to read as follows:
"9265.6.2. BACKFLOW PREVENTION DEVICES. Backflow prevention devices,
if located within a front yard or street side yard, shall be screened as follows:
A. On backflow devices with piping sizes of three (3) inches or larger,
screening is required by either a masonry wall or planter box, as per the current
standards on file in the Planning Division.
B. Backflow devices with piping sizes of two and one -half (2 1/2) inches and
smaller must be screened by either planting or a masonry wall, as per the current
standards on file in the Planning Division.
C. The required screening material shall be architecturally compatible with the
on -site development, and subject to the review and approval of the Planning Division.
The Fire Department connection, if applicable, shall not be screened and visible from
the street."
SECTION 78. Section 9265.6.3 of Chapter 2, Part 6, Division 5 of Article IX is
hereby deleted in its entirety.
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SECTION 79. Section 9265.6.3.1 of Chapter 2, Part 6, Division 5 of Article IX is
hereby deleted in its entirety.
SECTION 80. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.4 is
hereby renumbered to become Section 9265.6.3 of the Arcadia Municipal Code and is
hereby amended to read as follows:
"9265.6.3. UTILITIES. All utilities on the site for direct service to the area thereon
shall be installed underground except as otherwise approved by the Council by precise
plan of design. The owner or developer is responsible for complying with the
requirements of this Section and shall make the necessary arrangements as required by
the serving utilities for the installation of such facilities. For the purpose of this Section,
appurtenances and associated equipment such as but not limited to, surface mounted
transformers, pedestal mounted terminal boxes and meter cabinets, and concealed
ducts in an underground system may be terminated above ground."
SECTION 81. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.5 is
hereby renumbered to become Section 9265.6.4 of the Arcadia Municipal Code and is
hereby amended to read as follows:
"9265.6.4. STORAGE. All permanent and temporary storage of wares,
merchandise, equipment, storage containers and similar items shall be within a building.
The use of temporary storage bins, sheds, shipping containers, semitrailers and trailers
and /or temporary buildings is not permitted. In accordance with the California Solid
Waste Reuse and Recycling Access Act of 1991, an area shall be provided for the
collection and loading of recyclables. Trash, garbage, refuse and recyclables may be
46
temporarily stored outside a building provided such materials are stored in accordance
with the provisions of this Title."
SECTION 82. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.6 is
hereby renumbered to become Section 9265.6.5 of the Arcadia Municipal Code and is
hereby amended to read as follows:
"9265.6.5. STORAGE. OUTSIDE. TRASH, GARBAGE, REFUSE, AND
RECYCABLES. Trash, garbage, refuse, and recyclables that are to be temporarily
stored outside a building shall be in covered containers that enable convenient
collection and loading. The containers shall be kept in a paved area that is completely
screened from view by an enclosure of which three (3) sides shall consist of six (6) foot
high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates
painted a color that is compatible with the enclosure walls. The interior dimensions of
said enclosure shall provide for convenient access to the containers. The interior of the
enclosure shall be equipped with minimum three (3) inch thick bumpers to prevent the
containers from damaging the enclosure. The enclosures shall have full roofs to reduce
storm water pollution and to screen unsightly views. The designs of the roof and the
materials used shall be compatible with the enclosure and the site's architecture, and
adequate height clearance all be provided for access to any containers. The enclosures
shall not be located in any setback and not within 100 feet of any adjacent residentially
zoned property."
SECTION 83. Section 9265.6.6.1 of Chapter 2, Part 6, Division 5 of Article IX is
hereby deleted in its entirety.
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SECTION 84. Section 9265.6.7 of Chapter 2, Part 6, Division 5 of Article IX is
hereby deleted in its entirety, and Section 9265.6.8 is hereby renumbered to become
Section 9265.6.6 of the Arcadia Municipal Code and is hereby amended to read as
follows:
"9265.6.6. LOADING REQUIREMENTS. All loading spaces shall have adequate
ingress and egress, and shall be designed and maintained so that the maneuvering,
loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic.
Loading facilities shall not face and /or be within 50 feet of any adjacent residentially
zoned property."
SECTION 85. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.9 is
hereby renumbered to become Section 9265.6.7 of the Arcadia Municipal Code and is
hereby amended to read as follows:
"9265.6.7. LOADING HOURS. Loading and unloading of merchandise or
materials within one hundred fifty (150) feet of residentially zoned property shall be
limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. Loading and
unloading activities within 150 feet or residentially zoned property is prohibited on
Sundays and Holidays."
SECTION 86. Section 9265.6.9. is hereby added to Article IX, Chapter 2, Part 6,
Division 5, of the Arcadia Municipal Code to read as follows:
"9265.6.8. DOWNTOWN OVERLAY ZONE. The Downtown Overlay Zone is the
extension of the Downtown focus area north and west along Santa Anita Avenue,
Huntington Drive and Colorado Place. These areas are designated Commercial with a
Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building
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height of forty -five feet (45') or four (4) stories to allow a modest increase in
development intensity. The boundaries of the Downtown Overlay Zone are delineated
and legally depicted on the City's Official Zoning Map."
SECTION 87. Article IX, Chapter 2, Part 6, Division 6, Section 9266.1.11 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9266.1.11 EMERGENCY SHELTERS. Emergency Shelters pursuant to the
definitions of the California Health and Safety Code, and in compliance with the
following criteria:
a. Emergency shelters shall require onsite management on the premises during all
hours of operation.
b. Emergency shelters shall provide onsite security during all hours of operation.
There shall be no designated exterior waiting areas or client intake areas."
SECTION 88. Add Section 9263.11 in Article IX, Chapter 2, Part 6, Division 3, of
the Arcadia Municipal Code to read as follows:
"9263.6.11. DOWNTOWN OVERLAY ZONE. The Downtown Overlay Zone is
the extension of the Downtown focus area north and west along Santa Anita Avenue,
Huntington Drive and Colorado Place. These areas are designated Commercial with a
Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building
height of forty -five feet (45') or four (4) stories to allow a modest increase in
development intensity. The boundaries of the Downtown Overlay Zone are delineated
and legally depicted on the City's Official Zoning Map."
SECTION 89. Article IX, Chapter 2, Part 6, Division 9, Section 9269.5 of the
Arcadia Municipal Code is hereby amended to read as follows:
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"9269.5. OFF - STREET PARKING. No less than the following number of off -
street parking spaces shall be provided and maintained for each of the following uses,
except for those temporary reductions permitted by the Business License office for
parking lot sales and for promotional entertainment events. When the number of
required parking spaces results in a fraction of one -half or higher, the requirements shall
be rounded up to the next whole number.
Use Parking Spaces
Required
Architects /Engineers 4 spaces per 1,000 sq. ft. of gross floor
area
Day Care and/or preschool facilities 1 space per staff + 1 per 5 children or 1
per 10 children if adequate drop off area
provided
Downtown Mixed Use
- Mixed -Use Residential 1.5 spaces per unit and 1 guest space for
every 2 units.
- Combined Uses Commercial uses are based upon this
table. A 25% reduction will be applied to
the project for all commercial uses due to
the proximity to the Tight rail station.
Emergency Shelters 2 spaces per 1,000 square feet of gross
floor area.
Fast Food without drive through 15 spaces per 1,000 sq. ft. of gross floor
area
Fast Food with drive through 10 spaces per 1,001 sq. ft. of gross floor
area
Financial Institutions including but 4 spaces per 1,000 sq. ft. of gross floor
not limited to banks, savings and area
loans, credit unions
Health Clubs, Fitness Centers, Indoor 1 space per 100 sq. ft. of gross floor area
Athletic Facilities and Exercise, in all workout areas
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Dance /Gymnasium Studios up to
3,000 sq. ft. of gross floor area:
Required parking spaces to be
determined through an approved
Greater than 3,000 square feet of Conditional Use Permit.
gross floor area:
Hotels /Motels 1 space per room plus the number of
spaces required for ancillary uses such
as restaurants, large meeting rooms, etc.
Industrial, Manufacturing 3 spaces per 1,000 sq. ft. of gross floor
area for projects less than 10,001 sq. ft. in
area.
2 spaces per 1,000 sq. ft. of gross floor
area for projects 10,001 sq. ft. in area or
greater.
Martial Arts Studios 1 space per 100 sq. ft. of instructional
floor area
Mixed Use
- Mixed -Use Residential 1.5 spaces per unit and 1 guest space for
every 2 units.
- Combined Uses Commercial uses are based upon this
table. A 25% reduction will be applied to
the project for all commercial uses if the
parking area is located within 1,320 feet
(1/4 mile) of a light rail station.
Offices, General 4 spaces per 1,000 sq. ft. of gross floor
area
Offices, Medical /Dental 6 spaces per 1,000 sq. ft. of gross floor
area
Optometrists and Opticians 5 spaces per 1,000 sq. ft. of gross floor
area
Public /Private Assembly buildings, 1 space per 5 permanent fixed seats; 1
churches, recreation community space per 35 sq. ft. of area w/ non -fixed
buildings, private clubs seating; 1 space per 28 linear feet of
bench area
Psychologists, Psychiatrist and 4 spaces per 1,000 sq. ft. of gross floor
Counseling offices area
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Residential (Multiple - Family) 2 spaces per unit and 1 guest space per
R -2 and R- 3 /R -3 -R every 2 units.
Restaurants /Bars 10 spaces per 1,000 sq. ft. of gross floor
area for restaurants /bars containing less
than 5,001 sq. ft. of floor area
15 spaces per 1,000 sq. ft. of gross floor
area for restaurants /bars containing 5,001
sq. ft. of floor area or greater
Restaurants with bars and /or cocktail 20 spaces per 1,000 sq. ft. of gross floor
lounges occupying more than 30% of area
the total dining /bar area
Regional Shopping Centers 4.75 per 1,000 sq. ft. of gross leasable
area
Senior Citizen affordable apartment 1 space per unit
housing
Senior Citizen assisted living facility 1.5 spaces per unit
Senior Citizen Market rate housing 2 spaces per unit
units
Movie theater, performing arts center 1 space per 3 fixed seats
Tutorial schools; learning centers; Facilities for children under high school
Trade schools, Private schools age: 1 space per employee plus 1 space
for every 5 students.
Trade Schools /Private schools, Learning
centers for students of high school age or
older: 1 space per employee plus 1 space
for every 3 students.
Warehouses 2 spaces per 1,000 sq. ft. of gross floor
area
Other Permitted Uses, including but 5 spaces per 1,000 sq. ft. of gross floor
not limited to retail, service uses, nail area
and beauty salons, spas, adult
entertainment
A 25% reduction will be applied to the off - street parking requirement to any
commercial use that is located within 1,320 feet (1/4 mile) of a Tight rail station.
Land uses not specifically listed in the above chart shall provide parking as noted
in "Other Permitted Uses" unless otherwise set forth in other sections of the
Arcadia Municipal Code.
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SECTION 90. Article IX, Chapter 2, Part 9, Division 2, Section 9292.2.2 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9292.2.2. CREATION. There is hereby created a procedure whereby certain
modifications to lots containing one single - family dwelling and accessory buildings in
Zones R -M, R -O, R -1 and R -2 and certain modifications to dwelling units in all
residential zones to accommodate the needs of persons with disabilities may be granted
upon the joint approval of the Planning Services."
SECTION 91. Article IX, Chapter 2, Part 9, Division 2, Section 9292.2.3 of the
Arcadia Municipal Code is hereby amended 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;
53
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 -M and R -0 zones is maintained;
8. The rebuilding of single - family dwellings, provided that the new portion(s) of the
project comply with current code requirements.
9. Setbacks, driveway and access standards, entry requirements, or any other
residential development standard if found to be a reasonable accommodation for a
person with a disability."
SECTION 92. Article IX, Chapter 2, Part 7, Division 4, Section 9274.1.10 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9274.1.10. SAME. Schools and school facilities."
SECTION 93. Article IX, Chapter 2, Part 9, Division 2, Section 9292.1.4 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9292.1.4. AUTHORITY. In order to secure an appropriate improvement,
prevent unreasonable hardship or to promote uniformity of development, the
Modification Committee shall have the authority to approve, conditionally approve or
deny modifications of the following:
1. Driveway and parking stall size requirements.
2. Apartment unit size.
3. Building length
4. Distance between buildings
5. Usable open space regulations
6. Fence, wall and hedge regulations
54
7. Fence regulations
8. Utility and storage space requirements
9. Swimming pool regulations
10. Height and noncommercial structures
11. Number of required parking spaces.
12. When the maximum number of units permitted in the R -2 and R -3 zones has a
fractional remainder greater than one -half, the Modification Committee may allow the
maximum number of units to be rounded off to the next highest whole number.
13. Front, side or rear yard setbacks, provided that a setback from a street shall be
modified only with a written declaration of the Director of Public Works that the
modification, if granted, will not adversely affect any foreseeable need for widening the
street.
14. Side yard setbacks in the multiple family, commercial and industrial zones
provided that a setback from a street shall be modified only with a written declaration
from the Director of Public Works that the modification, if granted, will not adversely
affect any foreseeable need for widening the street.
15. Interior side yard setbacks in the R -M, R -O and R -1 zones for single -story
additions to an existing dwelling or accessory building where said addition(s) totals
more than thirty (30) linear feet.
16. Street side yard setbacks for first floor additions to existing dwellings or for
accessory buildings.
17. Alterations and /or expansion of nonconforming uses and structures.
18. Tennis and paddle tennis courts — Construction and operations standards.
19. Window openings, balconies, decks and open stairways under Sections
9261.2.5, 9262.2.5, 9263.2.6 and 9265.2.4 of the Arcadia Municipal Code.
55
20. Accessory Dwelling Units — Unit size.
21. Conversions of existing attic areas within main dwellings in the R -M, R -O and R-
1 zones, provided that such requests do not involve any exterior alterations within the
required setback area."
SECTION 94. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.3 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9264.2.3. BUSINESS AND PROFESSIONAL OFFICES. Establishments where
the administrative, clerical and managerial functions of a business or industry are
conducted or where members of a profession conduct their practice (i.e., accounting,
medical or engineering)."
SECTION 95. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.4 of the
Arcadia Municipal Code is hereby amended to read as follows:
"Establishments primarily engaged in rendering services to business
establishments including advertising and mailing, employment services; management
and consulting services; protective services; equipment rental and leasing; photo
finishing; and personal supply services."
SECTION 96. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.5 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9264.2.5. CONSUMER SERVICES. Establishments primarily engaged in
rendering services shall be allowed in the CBD zone as follows:
1. Barber, beauty, tanning and nail shops;
2. Dry cleaning shop;
3. Equipment rental and leasing;
56
4. Electronic repair shop;
5. Furniture rental stores;
6. Hardware rental stores;
7. Interior design store /showroom that does not have on -site retail;
8. Locksmith shops;
9. Music rental and lesson stores;
10. Mailing services, including post office box rentals and courier shipping;
11. Photography studios;
12. Shoe repair;
13. Tailor, dressmaking shops;
14. Video rental /sales;
15. Any other use deemed by the Planning Commission to be considered
"consumer services."
SECTION 97. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.6 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9264.2.6. RETAIL USES.
Retail stores or businesses under ten thousand (10,000) square feet of gross floor area
not involving any kind of manufacture, processing or treatment of products other than
that which is clearly incidental to the retail business may be conducted on the premises
and provided that windows facing the public street shall have merchandise visible to
passing pedestrians.
1. Antique stores: seventy -five percent (75 %) of merchandise must be over one
hundred (100) years old;
2. Appliance stores;
57
3. Art galleries;
4. Bakeries, ice cream stores or confectionery stores employing less than five
(5) persons;
5. Bicycle shops;
6. Book or stationery stores;
7. Camera shop;
8. Clothing or wearing apparel shops (new merchandise only);
9. Consignment clothing stores;
10. Copy centers (not including commercial off -set printers);
11. Delicatessen shops;
12. Department stores;
13. Drug stores;
14. Floor covering /drapery stores;
15. Florist shops;
16. Furniture sales;
17. Hardware sales;
18. Interior decorating stores;
19. Jewelry stores;
20. Kitchen and bath cabinets /fixtures;
21. Lighting fixture stores;
22. Music stores, instrument sales;
23. Paint and wallpaper stores;
24. Pet shops;
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25. Photography stores;
26. Picture frame stores;
27. Radio and television stores and incidental repair services;
28. Records, audio and videotape and other products, including sales, rentals
and incidental repair;
29. Saddlery shops;
30. Sporting goods stores;
31. Tobacconist/cigar shops;
32. Toy shops;
33. Trophy shops;
34. Typewriter and computer product sales, rentals and incidental services.
SECTION 98. Section 9264.2.7 of Chapter 2, Part 6, Division 4 of Article IX is
hereby deleted in its entirety.
SECTION 99. Article IX, Chapter 2, Part 6, Division 4, Section 9264.3.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"9264.3.1. BUILDING HEIGHT.
No building hereafter erected, constructed or established shall exceed a maximum
building height of forty -five (45') feet or four (4) stories, not including mechanical
equipment and screening devices. An additional height bonus may be considered by the
City of up to six (6) stories with a maximum of sixty -five (65) feet through the approval of
a conditional use permit for the provision of one or more of the following:
1. Additional shared parking facilities;
2. Residential units above the ground floor;
59
3. Day care and nursery facilities;
4. Enhanced pedestrian areas, plazas, landscaping, public art, and water
features;
5. Outdoor cafes /restaurants; and /or
6. Traffic demand management facilities (i.e., carpool /vanpool parking, transit
facilities, enhanced linkages to off -site transit facilities)."
SECTION 100. Section 9264.3.16 is hereby added to Article IX, Chapter 2, Part
6, Division 4, of the Arcadia Municipal Code to read as follows:
"9264. 3.16 DOWNTOWN OVERLAY ZONE
The Downtown Overlay Zone is the extension of the Downtown focus area north and
west of Santa Anita Avenue, Huntington Drive, and the northeast side of Colorado
Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay
of 1.0 for non - residential uses and a maximum building height of forty -five (45') feet or
four (4) stories to allow a modest increase in development intensity. The boundaries of
the Downtown Overlay Zone are delineated and legally depicted on the City's Official
Zoning Map."
SECTION 101. Article IX, Chapter 2, Part 7, Division 8, Section 9278.1 of the
Arcadia Municipal Code is hereby amended to read as follows:
"Division 8 — Open Space Zone
9278.1. Purpose. The purpose of the Open Space Overlay Zone is to provide for the
preservation, conservation and utilization of open space lands and natural resources so
as to maintain and enhance the quality of the environment."
SECTION 102. Article IX, Chapter 2, Part 7, Division 8, Section 9278.2 of the
Arcadia Municipal Code is hereby deleted in its entirety.
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SECTION 103. Article IX, Chapter 2, Part 7, Division 8, Section 9278.3 of the
Arcadia Municipal Code is hereby deleted in its entirety.
SECTION 104. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published in the official newspaper of said City within
fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first
(31 day after its adoption.
Passed, approved and adopted this 7th day of December , 2010.
111-6
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
,Cepti„, 0. -tivf4-4
Stephen P. Deitsch
City Attorney
61
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. 2273 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 December, 2010 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Council Member Chandler, Harbicht, Kovacic, Segal and Amundson
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
62