Arcadia ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Arcadia-07-12-2017.pdf

ORDINANCE NO. 2347

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 OF THE ARCADIA MUNICIPAL CODE (“THE DEVELOPMENT CODE”), WITH AN EXEMPTION UNDER THE CALIFORNIA ENVRIONMENTAL OUALITY ACT (“CEQA”) TO UPDATE THE CITY’S REGULATIONS FOR ACCESSORY DWELLING UNITS, AND TO ADDRESS MINOR TEXT CLEANUPS

WHEREAS, effective January 1, 2017, pursuant to Senate Bill 1069 and Assembly Bill 2299, Government Code Section 65852.2 was amended to address California’s ongoing housing affordability crisis to reduce local regulatory barriers to the development of new accessory dwelling units, and to declare that any local ordinance not in compliance with the amended Government Code Section 65852.2 would become null and void under State law, and that only the default Statewide standards set forth in Section 65852.2 may be applied to accessory dwelling unit applications unless the Arcadia Municipal Code is updated; and

WHEREAS, the Development Code, Chapter 1 of Article IX of the Arcadia

Municipal Code, is hereby amended in order to comply with the recent changes in State law and retain authority to implement locally appropriate standards over the location and construction of accessory dwelling units. This Ordinance for Text Amendment No. TA 17-02, as set forth in Exhibit “A”, will bring the City of Arcadia’s existing accessory dwelling unit regulations into compliance with State law while also reflecting the needs of the unique local community character and compatibility needs, because the default

State standards do not consider local needs, community character, or compatibility of new development. This Ordinance for Text Amendment No. TA 17-03, as set forth in

Exhibit “B”, also revises various sections of the Development Code to make minor semantic changes and correct minor typographical errors and inconsistencies; and

WHEREAS, on March 14, 2017, a duly noticed public hearing was held before the Planning Commission on Text Amendment Nos. TA 17-02 and TA 17-03, at which time all interested persons were given full opportunity to be heard and present evidence; and

WHEREAS, after considering the evidence presented, the Planning Commission adopted Resolution No. 1990 by a 4-0 vote with one Commissioner absent, to recommend approval of the Text Amendments, and directed staff to proceed with this Ordinance; and

WHEREAS, on May 2, 2017 and May 16, 2017, a duly noticed public hearing was held before the City Council on this Ordinance, at which time the City Council considered the entire record, and all interested persons were given full opportunity to be heard and to present evidence.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The factual data set forth in the Recitals of this Ordinance and by the Development Services Department in the staff reports dated May 2, 2017; May 16, 2017; and June 6, 2017, are true and correct.

SECTION 2. Based upon the entire record, including without limitation, the staff reports and related documents presented to the City Council, the City Council finds as follows:

  1. The proposed amendment is consistent with the General Plan and any applicable specific plan(s).

FACT: Ordinance No. 2347 is consistent with the General Plan Land Use Element and Housing Element goals and policies. Accessory Dwelling Units (“ADUs”) are land uses permitted in all residential land use designations. The Ordinance ensures that the Development Code will comply with State law, and reduce barriers to the development of ADUs, which can contribute to the overall variety of available housing choices in Arcadia. Furthermore, the Ordinance will enable the City of Arcadia to retain the ability to regulate certain aspects of ADUs, such as height, location, and design, for neighborhood compatibility. This is consistent with the following General Plan Policies:

Land Use and Community Development Element

  • Goal LU-3: Preservation and enhancement of Arcadia’s single-family neighborhoods, which are an essential part of the City’s core identity.

  • Policy LU-3.4: Strengthen neighborhood identity with new development that is compatible with surrounding structures through scale, massing, and preferred architectural style.

  • Policy LU-3.5: Require that new construction, additions, renovations, and infill developments be sensitive to neighborhood context, building forms, scale, and colors.

Housing Element

  • Policy H-2.4: Maintain development standards, regulations, and design features that are flexible to provide a variety of housing types and facilitate housing that is appropriate for the neighborhoods in which they are located.

    • Policy H-4.1: Periodically review and modify as appropriate, residential and mixed use development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing for lower- and moderate-income households and for persons with special needs.

    • Policy H-4.3: Provide for streamlined, timely, and coordinated processing of residential projects to minimize holding costs and encourage housing production.

The Ordinance also addresses minor semantic changes, and corrects minor

typographical errors and inconsistencies in the Development Code. These amendments will not substantively affect any development standards, and are consistent with the adopted General Plan.

  1. The proposed amendments will not be detrimental to the public interest,

health, safety, convenience, or general welfare of the City

FACT: Ordinance No. 2347 pertains to Accessory Dwelling Units (“ADUs”) and is intended to ensure that the City complies with State law and retains the ability, to the extent possible, to regulate the appropriate development of ADUs. Non-compliance with the State law would result in all of the City’s development standards related to ADUs becoming null and void, and the City would only be able to apply the State requirements. By complying with the State law, the City will be able to continue to ensure ADUs are compatible with the surrounding residential neighborhoods to the extent possible. The Ordinance also addresses minor semantic changes, and corrects minor typographical errors and inconsistencies in the Development Code, and will not substantively affect any development standard, and will not have any detrimental

effects.

  1. The proposed amendments are internally consistent with other applicable provisions of the Development Code.

FACT: The Ordinance, as it pertains to Accessory Dwelling Units (“ADUs”) has been reviewed to ensure it is consistent with the other applicable provisions of the Development Code, including parking and permit processing requirements. The Ordinance was reviewed by the City Attorney for internal consistency to ensure that there are no conflicting standards or uncertainties. The Ordinance also makes minor semantic changes, and corrects minor typographical errors and inconsistencies in the Development Code to provide additional internal consistency and clarity to readers of the Development Code. The Ordinance is internally consistent with all other applicable prO\visions of the Development Code.

SECTION 3. The City Council finds that this Ordinance has been assessed in accordance with the authority and criteria contained the California Environmental Quality Act (“CEQA”), the State and local CEQA Guidelines, and the environmental regulations of the City. The Ordinance is exempt from review under CEQA pursuant to several CEQA exemption provisions, including CEQA Guidelines Section 15282(h) as set forth in Section 21080.17 of the Public Resources Code that pertains to the adoption of an ordinance regarding second units in a single-family or multi-family residential zone to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code, and Section 15061(b)(3) of the CEQA Guidelines, which provides that where it can be

seen with certainty that there is no possibility that a project may have a significant effect

on the environment, the project is not subject to CEQA. The Ordinance provides

protections from the development of ADUs that would be out of scale in single-family

neighborhoods. Furthermore, per Section 15303(a) of the CEQA Guidelines, the development of second dwelling units is a Class 3 exemption from environmental review. The Ordinance is also exempt from review under CEQA pursuant to Section

15061(b)(3) of the CEQA Guidelines, which provides that where it can be seen with certainty that there is no possibility that a project may have a significant effect on the environment, the project is not subject to CEaA. The Ordinance does not create or substantially alter any existing development standard.

SECTION 4. For the foregoing reasons, the City Council amends Chapter 1 of Article IX of the Arcadia Municipal Code as it pertains to Accessory Dwelling Units to reflect changes in State law as shown in Exhibit “A” to this Ordinance that is incorporated by reference herein.

SECTION 5. For the foregoing reasons, the City Council amends Chapter 1 of Article IX of the Arcadia Municipal Code to address minor semantic changes, and correct minor typographical errors and inconsistencies, as shown in Exhibit “B” to this Ordinance that is incorporated by reference herein.

SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Arcadia hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 7. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s Office located at 240 West Huntington Drive, Arcadia CA 91007. The custodian of thèse records is the City Clerk.

SECTION 8. This Ordinance shall take effect thirty-one (31) days after its

adopGon.

SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary or copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption.

Passed, approved, and adopted thÎS 6Lh day of June , 2017.

Mayor of the City of Arcadia

ATTEST:

lu c ene Glasce

City Clerk

APPROVED AS TO FORM:

Stephen’P. Deitsch City Attorney

STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS:

CITY OF ARCADIA )

I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2347 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 6th day of June, 2017 and that said Ordinance was adopted by the following vote, to wit:

AYES: Beck, Chandler, and Tay NOES: Verlato, and Amundson ABSENT: None

ABSTAIN: None

/s/ 6sna Glasce

City Clerk of the City of Arcadia

8

[Deleted text is highlighted in Sgt and added text is highlighted in bold italics]

9102.01.020 Land Use Regulations and Allowable Uses

A. Allowed Uses. Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) indicates the uses allowed wifhin each residential zone and any permits required to estabJish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows:

“P” represents permitted (allowed) uses.

A” repæsents acœssory uses.

“M” designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9J07.09

(Conditional Use Permit and M!nOr Use Permit) ofthis Developmen( Code,

C” designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107,09 (Conditional Use Permi( and Minor Use Pefmit) Of this Development Code.

“—” designates uses that are not permitted.

  1. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited.

  1. Specific Use Regulations. Where the last coJumn in Table 2-1 (Allowed Uses and Permit Requirements (or Residential Zones) includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, Or Division shall apply to the use.

Table 2-1

Allowed Uses and Permit Requirements for Residential Zones

P Permitted

A Permitted as an Accessory Use M Minor Use Permit Required

C Conditional Use Permit Required Not Allowed

Land Use

R-M

R-0

R-1

R-2

R-3

R-3-R

Specific Use Regulations

Residential Uses

Boarding House

Dwellings

Single-Family Dwelling

P

P

P

P

See required minimum density (Section 9102.OJ.090, Table 2-6

and) Subsection 9102.01.100.A

(Exceptions to Minimum

Density in R-2 and R-3)

Multifamily Dwelling

Two-FamiIy Dwelling

Exhibit “A”

Page J

Table 2-1 Allowed Uses and Permit

Requirements for Residential Zones

P Permitted

A Permitted as an Accessory Use M IYlinor Use Permit Required

C Conditional Use Permit Required

Not Allowed

Land Use

R-M

R-0

R-1

R-2

R-3

R-3-R

Specific Use Regulations

Accessory Dwelling Unit

A

A

#

A–

A–

A–

G npp ;pq>« i»g+

4+eg i+e . Only permitted 6S 6n accessory use on multi-family zoned propenies which are currently improved with no more r/ian one single-family dwelling unit. See also Subsection 9J02.01.080

(Accessory Owelling

Units)

9102.01.080 Accessory Dwelling Units

accessory dwelling units, as defined in Division 9 (Definition) of this Development Code, are allowed in the R-0, R-1,R-M it-2, and R-3 zones if the lot is currentl)/ improved w”ith only one dwelling unii. Accessor)’ dwelling units and are subject to at! development standards for t/ie underlying zaning of the property, as set forth in Table 2-2 (Development Standards for Single-Family Residential Zones) or in Table Z-6 (Development Standards for Multiple-Family Residential Zones) unless other ise specified in Subsection 9l02.01.080.B.

8-A. Development Standards

    1. General. Except as identified in this Subsection, accessory dwelling units shaft comply with all the development standards (setbacks, lot coverage, height, encroachment plane, etr.) that apply to the primary residence. AII accessory dwelling units shaft be clearlÿ subordinate in location and size to the primar}’ structure and consistent in erterior appearance with the primary structure through the use of similar/matching exterior paint colors, materiaJ types, and architectural styles. Accessary dweIl¡ng units shaft have independent exterior access. An accessory dwelling unit is allowed on a site only when a primary residenœ exists.

‘anlt. Location: An accessor’ / dwelling unit is permitted on an’)I residentiaIl’/ zoned prapen/ if » single-fam¡ly dn’elling exists on the lot or will be conslmcted in conjunction with the accessory dn’elling unit. An accessory dwelling unit may be either aitsched io the existing dwelling unii, or located within ltie living aiea of the existing dilvelling or detached from the existing dwelling and lacaied on itie same lot as the existing dune/ling, and in all cases shall be located behind the rear building line of the primar)’structure. For the purpose of this Section, “Living Area” means the interior habitable area of a dwelling unii, including basements and sttics, but does not include a garage or and accessor)r structure.

      1. I/Maximum Floor Area.

. Accessor) dwelling units thai are contained within the existing space ore single- family dwelling or existing accesso /j/ structure shall have a floor area af not mole than 60 percent of the size of the existing primary residence, but in no case shall exceed 1,200 square feet. For newly constructed attached or detached accessory dwelling unit the maximum sizes are as follows.’

        1. Eligible properties up to 7,500 square feet in area. An attached or detached ADU shall have a floor area of not more than 50 percent of the size of ttie existing primar)i residence, but in no case shall exceed 800 square feet

        1. Eligible propenies between 7,s01 and up ta 15,000 square feet in area: An attached or detached ADU shall have a floor area of not more than EO percent af the size af the existing primar)/ residence, but in no case shall exceed f,000 square feet.

        1. Eligible properties greater than 15,00 square feet in area. An attached or detached ADU shall have a floor area of’ not more than 60 percent o/ the size of ihe existing primary residence, but in no case shall exceed f,200 square feet.

      1. Maximum Height and Story. An detached accessory dwelling unit shall be limited to a height of one-story, shall not exceed 16 feet in height, and shall not exceed the hei9ht of the pimary residence.

      2. Required Parking. An accessory dwelling unit shall be provided witf a minimum of one on-site parking space or one on-site parking space per bedroom, whichever is greater (covered or uncovered). The parking space sh8ll be in a designated location outside of the required front or street-side setbacks, unless the parking space is located on en existing drivewa’/ ar as specified in Section 9103.07.0fl0.D.4. The required parking space shall also conform to Section 9J03.07 (Off-Street Parking and Loading).

      1. Maximum Number of Accessory Dn’e//in9 Units. Not more than one accessory dwelling unit shall be allowed on any one lot.

      1. Occupanc)!. The propeny owner shall occupy either the primar)! dwelling or accessoi)I dwelling un’it.

2. Vacant Sites. If a site is vacant, an accessory dwelling unit may be constructed at the same Anne as the primary residence. However, no certificate of occupancy may be issued unless and until a certificate of oocupancy is issued for the primary residence.

    1. Fire Sprinklers. An accessory diivelling unii is required to have sprinklers if the primary residence is also required io fiave fire sprinklers.

  1. tliilit) C:onneclions. A separate address and uti/ity connections directly between tte accessory dwelling unit and the utility are required, unless the unit is contained within the existing living area of a single-famil)( residence, has independent exterior access fram the existing residence, and r/ie side and rear setbacks are sufficient for fire safety, as determined by I/›e Building Official. The connection shall be subject ta s connection fee or capacit)i charge, or bath, proportionate to the burden af the proposed unit based on either its size or the number of its plumbing fixtures, upon the water ar sewer s’/stem

1I. loo passageway or walkn’a) is required for itie construction of an accessor’, dn’elIing unit. For the purposes of this Section, a passageway is a path ay that is unobstructed clear to the sky and extends from s street to one entrance af an accessoc/ dwelling unit.

  1. Permit Procedures. The canstruction and/or relocation of en sccesso) dwelling unit shall require a Zoning Clearance for an Accessor Dwelling Unit pumuant to the provisions or section 9T07.27 (2oning Clearances for Accessory Dwelling Units). Except as provided in Subsection (1) belo w, approved applications for an accessory dwelling unit will result in a 2oning Clearance for an Accessory Dn’eIling I/nit. A covenant is required as specified in Subsection 9f02.Of.080.C, and shall be recorded prior to the issuance of s building permit.

      1. Streamlined Approval. An accessory dwelling unit w¡thin a single-famil’y residential zone is exempt horn a Zoning Clearance if the propased accessory d ‘elling unit is:

        1. The onl’/ accessory dwelling unit located on the lot;

        2. Contained aiithin the existing space of a single-family dn’eIling or accessory structure;

        3. has independent exterior access from the existing residence; and

        4. Has side and rear setbacks in compliance with the State Building Code

    1. If all af the requirements of Section 9102.0l.080.A.1 are met, then the applicant snail comply with the Wallowing requirements prior to obtaining a building permit.

      1. Small install fire sprinklers in the accessory dwelling unit if the primary residence is a/so required to have

fire sprinklers;

d. Shall not be charged a related connection fee ar capacity charge and is not required to install a new or separate utility connection directly between the accessor’/ dwelling unit and ihe utility, and;

c. Sfiall record » covenant as provided in Subsection 9J02.OJ.0B0.C. prior io obtaining a building permii as

required b)/ the building code.

  1. Covenant Required. An accessory dwelling unit is not intended for sale separate from tte main dwelling unit and lot or to be used as a shori term rental (terms less than 30 days). A covenant in a form approved by the City Attorney shall be fecorded for each accessory dwelling unit specifying iis size and attributes, and requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and lot and thai no more than one lesse agreement for ierms of no less than 30 days may be entered into st any time. The covenant shall also speciI’y I/fa/ the property awner must occupy either the primary dwelling or accessory dwelling unit.

9102.01.060 Accessory Structures in Sin9!e-Family Residential Zones

Accessory structures, as defined in Division 9 (Definitions) of this Development Code, but excluding required garages, are alJowed in residential zones and are subject to the development standards set forth in Table 2-5 (Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones). Accessory dwelling unit regulations are set forth in Subsection 9102.OJ.080 (Accessory Dwelling Units). Any allowable accessory structufe that does not require a building permit shall meet the requirements of this Development Code for use, placement on the lot, height, and size. The construction and/or relocation of an accessory structure shall require review and approval per the Site Plan and Design Review, as set forth in Section 9107.19 (Site Plan and Design Review).

  1. Restrictions on Number and Use

    1. Primary Building Required. An accessory structure(s) is allowed onsite only when there is a primary I›e+f¥ieg

d\selling on site.

    1. Number Allowed. A maximum of thfee detached accessory structures are allowed on any one lot, including

accessor’/ dwelling units.

    1. Kitchen. No kitchen is allowed within the accessory structufe.

    1. Bathroom. The accessory structure may contain a sink, a toilet and/or a shower.

    1. Bedrooms and Closets. No bedr00ms or closets are allowed within the accessory structure.

    1. Covenant Required. A covenant approved as to form by the City shall be recorded prior to the issuance of any building pefmit for any accessory structure stating that the accessory structure will not be used for overnight stay, rented, or used as a dwelling unit.

  1. Development Standards

    1. General Standards. Accessory structures shall comply with the development standards set forth in Table 2-5 (Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones).

    1. Consistent Exterior Appearance. A]I accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar/matching exterior paint colors, material types, and architectural styles.

Development Feature

Table 2-5

Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones !1!

R-M R-0 R-1

50% of the

Additional Requirements

Shall be counted toward total allowable floor area for the zone, pursuant to Subsections 9102.01.030

Maximum Floor Area

Minimum Setbacks

50% of the ground floor area of the main building,

ground fl0or afea of the main building

50% of the gfound floor area of the main building

(Development Standards in Single-Family Residential Zones) and 9102.01.040 (Additional Residential Development Standards in Single-Family Residential Zones).

Front (public of private Same as dwelling Same as dwelling Same as dwelling street) requirement requirement requirement

Fof exceptions refer to Subsection 9102.01.040.B (Front Setbacks-Additional Standards in R-M and R-0 Zones).

Side

10 ft

Same as dwelling Same as dwelling requirement requirement

Table 2-5

Development Standards Not Accessory Structures in the R-M, R-0, and R-1 Zones !’!

Development Feature

R-M

R-0

R-J

Additional Requirements

Rear

i0 it

10 ft

10 ft

(Exceptions to Rear Setbacks on Corner and Reverse Corner Lots in R-0 and R-1 Zones-Attached Single-Story Garage)

Maximum Lot Coverage

25% of fequifed rear yard

25% of required rear yard

25% of required rear yard

Maximum Numbed OF

Stories

One story

One story

One story

Minimum Distance Between Structures

6 ft

Maximum Height

16 ft and cannot exceed the maximum height of dwelling

16 ft and cannot exceed the maximum height of dwelling

16 feet and cannot exceed the maximum height of dwelling

See Subsection

9103.01.450 (Height

Measurements and Exceptions) and 9102.01.040.E (Height

Exception for Chimneys

and Roof-Mounted Vents).

Minimum Encroachment Plane

FfOnt Properly Line

40 degrees

( 30 degrees

30 degrees

Interiof Rear and/or Interior

Side

Street Side (Reverse Comer) Property Lines

N/A

N/A

N/A

40 degrees

N/A

40 degrees

(1) Accessory dwelling units are subject io the development standards in Subsection 910Z01.080.

9102.oJ.090 Development Standards in Multifamily Residential Zones (R-2, R-3, R-3-R)

New land uses and slructure5, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-1 ((Allowed Uses and Pefmit Requirements for Residential Zones) and 2-6 (Development Standards for Multifamily Residential Zones), and the development standards in Division 3 (Regulations Applicable to All Zones-Site Planning and General Development Standards). Additional regulations are denoted in the right hand column of Table 2-6. Development standards for accessory dwelling un”its are located in Section 9102.01.080 (Accessae/ D ‘eIling Units), gara9es and other parking areas are located in Section 9103.07 (Off-Street Parking and Loading).

9103.of.060 Setback Measurements and Exceptions

  1. Setback Areas to Remain Unobstructed. No portion of any habitable structure and/or accessory structure shall occupy any portion of a required front setback area, except as provided in Subsections 9102.01.050 (Permitted Projections in Single- Family Residential Zones) Subsection 9102.07.080 (Accessory Dwelling Uniis) and 9102.01.J10 (Permitted Projections in Multifamily Zones). Every required setback area shall be open and unobstructed from the ground to the sky.

Exhibit “A”

9103.07.050 Off-Street Parking for Residential Uses

  1. Number Required. Unless off-stfeet parking reductions afe allowed in compliance with pfovisions identified, off-street parking spaces shall be provided in compliance with Table 3-3 (Off-Street Parking Requirements: Residential Uses). These standards shall be considered the minimum required to preserve the public health, safety, and welfafe of the community. An increase or decrease in the parking requirements may be determined by the Review Authority in particular circumstances where these requirements are inadequate for a specific project. These cases shall be detefmined through a parking study as outJined in this Division.

Table s-s

Off-Street Parking Requirements: Residential Uses

Land Use

Minimum Parking Spaces Required

Single-Family Dwellings (Attached and Detached) and Two-Family Dwellings

  • 2 spaces per dwelling unit in a garage for units less than 5,000 square feet in size with up to 4 bedrooms

  • 3 spaces pef dwelling unit in a garage for units f,0O1 square feet or more in size and/or with 5 or more bedrooms !’!

Accessory Sese/+¥ Dwelling Unit

1 spaoe, covered or uncovered, per accessory dwelling unit or

number of bedrooms in the accessor)i di+’eIIing unit, ‘hichever is greater !’!

Multifamily Dwellings

For the R-2, R-3 and R-3-R Zones:

  • 2 covered spaces per unit, plus guest parking as follows:

  • 1 guest parking space per each 2 units

Mixed Use Units

1.5 spaces per unit and 1 guest space for every 3 units

Live/Work Units

1 space per unit and 1 space per 1,000 square feet of nonresidential floor afea

Senior Housing (when restricted to age 62 and oJder)

For senior affordable apartment housing: 1 space per unit, and 1 guest space for every 4 units for assisted living facilities: 1.5 spaces per unit

For senior market rate housing: 2 spaces per unit

Notes:

  1. A tandem parking space may be allowed to satisfy the thiid required, or any non-required, parking space, subjec! to Design Review approval.

[2) Parking standards shall not be imposed on an accessor›/ dwelling unit in and of the foIIox/ing circumstances:

    1. Ttie accessory dwelling unit is located within ane-halfmile af public transit

b, The accessor) dwelling un/r is located within an architecturally and historica//y significant historic district

c. Ttie accessory dwelling un/r is part of tTie existing primary residence or an existing necessary stmcture

d, IIIIhen on-street parting permits are required but not offered to the occupam of //ie necessary dwelling unit

  1. When ihere is a car sharing vehicle Vacated within one block of the accessory due/ling unit

  1. Parking Location

Patting spaces shall be designed, constructed, and maintained in a manner that does not preclude direct and free access to stairways, walkways, elevators, any pedestfian way, and fire safety equipment.

  1. Vehide parking (and access thereto) shall be provided on a pefmanently paved surface.

  2. When required off-street parking spaces are provided on a separate lot from the building or land use, Subsection 9103.07.090 (Shared/Joint Use and Off-site Parking) shall apply.

  1. If parking spaces are required for an accessor’/ d ‘elling unit, ttie spaces may be located on an existing driven’a)i on the same site if ii is niith¡n the setback areas, including tandem on an ex/rt/ng drivewa)’sub]ect to the approval of a toning Clearance for ADUs. The Director msg determine that these pan:ing arrangements are prohibited if specific findings sre made under Subsection (a) below.

    1. The property is an R-M zoned properly, a hillside propert’y, located within a designated fire zones, or a non- conforiing lot, or if the Director determines that such parking arrangements are not feasible based upon specific safety conditions, or that such arrangements are not permitted anywhere in the Cit’/.

    1. No additional setback shall be required for a legally established existing garage lhst is legall) converted to an 6ccessor)I dwelling. The garage conversion must comply wiih all applicable provisions of the adopted building code. In addition, when a garage, carpan, or coveredparking structure is demolished or conceited in conjunction with the construction of an accessoo/ d ‘eIIing unit, the required parking spaces shall be replaced as specified in Table 3-3. If code compliant replacement parking cannot be provided, the replacement parking spaces may be located in end configuration on itie same lot as the accessory dwelling unit, including bui not limited to, covered spaces, uncovered spaces, or tsnderii spaces or by the use of mecTtanical automobile parking lifts within an enclosed garage.

Figure 3-14

Single-Family Parking Location Requirements

  1. Residential Parking Location—Specific Requirements

    1. R-M 7one

      1. A garage or carport opening directly upon a side street shall be located not less than 20 feet from the street side lot line.

    1. R-0 and R-1 Zones

Required parking spaces shall be pfovided on the same site as the main building in an enclosed garage. Each paling space provided beyond the minimum required shall also be within an enclosed gafage.

b Each required parking space shall be in a garage located behind the required front setback and shall be served by a driveway no less than nine feet in width, except as a specired in Section 9J03.07.050.g.

Only one driveway shall lead to an enclosed garage, unless it is a circular driveway.

d Below gfade or subterranean parking spaces shall not be allowed unless an Administrative Modification is granted pursuant to Section 9107.05 (Administrative Modifications). Not more than one story below grade shall be alJowed.

    1. On lots less than 100 feet in width, no mofe than 16 linear feet of garage openings facing the front and/or street setback areas shall be allowed. On lots 100 feet of gfeater in WÏdth, no more than 24 linear feet of garage openings !w*9 the front and/or street setback areas shall be allowed.

  1. Standard Residential Parking Stall Dimensions. Required parking stalls, including guest parking spaces, within all fesidential zones shall meet the dimension fequifements set forth in Table 3-4 (Parking Space Dimensions-Residential Zones). Dimensions shall be measured from interior building wall.

Table 3-4

Parking Space Dimensions-Residential Zones

Size of Parking Stall (minimum)

When Adjacent to Wall

7one

R-M, R-O, and R-1

R-2, R-3, and R-3-R

Width (General 10 t

9 ft

or Structure Length

11 ft, 6 in 20 ft

( 11 ft, 6 in 19 ft

  1. Residential Driveways

    1. Paving. All parking areas and driveways shall be paved with cement concrete. Other paving materials, including brick may be substituted with review and approval by the Director of a Site Plan and De ‘9• Review pursuant to the requirements of Section 9107.19 (Site Plan and Design Review).

    1. Width. The maximum width of dfiveways within residential zones shall be 20 feet for single-family zones and 25 feet for multifamily zones. The maximum width for all single-family and multi-family residential common driveways shall not exceed 30 feet.

    1. Does Not Fulfill Parkin9 Requiremem. No portion of any required driveway shall be used to tulfill any parking space requirements, except as specified in Section 9l03.07.ONO.D

Section 9107.03 Application Processing Procedures

9107.03. 410 Purpose and Intent

A. This Division provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by the City and specified in this Development Code.

B Table 7-1 (Review Authority), identifies the Review Authority responsible for reviewing and making decisions on each type

of application required by this Development Code.

Table 7-1

Review Authority

type of /\ction

Applicable Code Section

Role of Review Authority !°!

Notes:

  1. “Recommend” means that the Review Authority makes a reoommendation to a higher decision making body; ‘Decision’ means that

the Review Authority makes the final decision on the matter; ‘Issue” means that the Review Authoity grants the Zoning Clearance acer confirming compliance with all applicable provisions of this Development Code; and “AppeaJ’ means that the Reyiew Authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Section 9108.07 (Appeals).

  1. The final Review Authority for a Conditional Use Permit granting a Density Bonus, in compliance with Section 9107.03 (Application Processing Procedures) shall be the Council, with the Commission first making a written recommendation to the Council.

The Director may defer action and refer the request to the Commission for consideration and final decision.

(4) The Commission may defer action and provide a recommendation to the Council for consideration and final decision.

  1. A Zoning Clearance (ADU) may only be appealed if a determination pursuant to 9103.070.050.D.4.a or 9107.27.030.D.1 tias been made.

Section 9107.27 Zoning Clearances

9107.27.010 Purpose

Zoning Clearance is a nondiscretionary administrative verification procedure used by the City to verify that a proposed land use, improvement, or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use, improvement, or structure.

9107.27.020 Applicability

where Division 2 (Zones, Allowable Uses, and Development Standards) or another provision of this Development Code requires a Zoning Clearance as a prerequisite to establishing a land use, improvement, or structure, a Zoning Clearance shall be required at the time of Ibe 0irect0f’s review of any of the following:

    1. Initiation of a Land Use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction ofa structure or improvement.

    2. Change of Use

      1. Whenever a use is proposed to be changed from a use for which a Zoning Clearance has been issued, whether or not the new use involves a new lessee, operator, or owner, a new Zoning Clearance shall first be obtained.

      1. A Zoning Clearance shall also be fequired even if the lessee, operator, or owner of the previous use did not file for or receive a Zoning Clearance,

Business License. A Zoning Clearance shall be obtained before the City issues a new or modified Business License.

  1. Change of Tenancy or Ownership. A new Zoning Clearance shall be obtained for a change of lessee, operator, or owner even when the change does not involve a change in the use being conducted on the subject property. The purpose of this provision is to ensure that the new lessee, operator, or owner is made aware of the Oevelopment Code requirements applicable to the subject use and any conditions of approval imposed on a discre(ionary permit authorizing the subject use.

  1. New Paving or Impervious Surfaces Not Requifing a Construction Permit. A Zoning Clearance shall be obtained before installing asphalt, concrete, or other paving f!atwork on the ground that would affect the impervious surface coverage or structure coverage standards specified in Division 2 (Zones, Allowable Uses, and Development Standards).

Other Activities, Any other activities as specified in this Development Code.

Accesso)’ Dvielling Units: Unless othem/ise exempt, a 7oning Clearance for Accessor Dwelling Units shall be obtained prior to submittal of an application for a building plan check and a permit to canslruci an accessor dwelling unit.

9107.27.030 Review Procedure

  1. Application. Review of an application for an Accessory Dwelling Unit shall be broadly reviewed by the Development Services Department.

  1. Director’s Responsibility. The Director shall issue the Zoning Clearance only after frst determining that the request complies with all Oevelopment Code provisions applicable to the proposed use or structure.

  2. Form of Approval

    1. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or othef certification, at the discretion of the Director,

    1. The approval shall reference this Section.

  1. Procedures and Review for Accessor}’ Dwelling Units

    1. The Director will approve or disapprove of an application for an accessory dwelling un”it permit H’/r/iin 120 days aher receiving a complete application. €:ertain accessory dwelling units may tizve a specific, adverse impact upon public health and safety. If tile Director makes z finding, based on substantial iivriften evidence, that the accessory dwelling unit would have a specific, adverse impact upon the public healih and safety, the application may not be approved. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, and written public healih or safet”/ standards, policies, or conditions as they existed on the date the application was deemed camplete.

2. Except as othera’ise provided in this chapter, the construction af en accessory dwelling unit shall be subject to the applicable fees adopted by ite City.

Post Decision Procedures

The procedures and requifements in Section 9108.1J (Permit Implementation, Time Limits, and Extensions), and those felated to appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply following the Director’s action on a Zoning Clearanoe.

Definitions

Accessory Dwelling Unit. Accessory Dwelling Units

. are residential d x/elling units that are

detached froei, attached to, or located within the living area of an existing primary dwelling unii, and provides independent living facilities for ane or more persons. An accessor)/ dwelling unit alsa includes an efficiency unit, as defined in 6:alifornia Hea/t// and Safety Cade section !79S8.1, and structures defined in health and Safety Code section f8007. Accessory Dwelling Units are subordinate in size, location, and appearance to the main dwelling unit.

Architecturally and Historically Significant District. A group of buildings, properties or rites that has been designated, ss a Historic District or Individual Resource in California Register of Historical Resources and/or National Register of Historic Places.

Car Sharing. The provision of designated permanent parking spaces for membership-based car shafing vehicles that charges a use-based fee related to a specific vehicle, primarily for hourly or other short-t9fm use through a self-service fully automated reservation system, but not by means of a separate written agreement that is entered into each time a vehicle is transferred to a customer.

Living Area. The interior habitable area of a dwelling unit, including basements and attics, bui not including a garage or and accessory structure.

Public Transit. An officially designated, permanent location for a public bus stop, train or light rail station or car sharing service.

Zoning Clearance. A nondiscretionary administrative verification procedure used by the City to verify that a proposed land use, improvement, or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use, improvement, or structure. See Section 91O7.27 (Zoning Clearance).

7oning Clearance (ADU). A ministerial verification procedure used b) the Cit/ to verif) that a proposed, non-exempt ADU complies with tile development standards applicable to the zone, use, improvement, or structure.

Exhibit ”A”

{Deleted text is highlighted in and added text in highlighted in bold /ta//cs]

9102.01 Residential Zones

9102.01.030 Development Standards in Single-Family Residential Zones (R-M, R-0, R-1)

fable 2-2

General Development Standards for Single-family Residential Zones (R-M, R-0, R-1)

DevelopmentFeature

Rear first or single story 25 ft

R.M

35 ft

    1. R-1

25R

Additional Requirements

Additional rear setback of one foot required on each story for every 10 feet above 150 feet of lot depth. See Subsection 910Z.01.040 (Additional Residential Development Standards in Single-family Residential Zones).

9102.01.040 Additional Residential Development Standards in Single-Family Residential Zones

  1. Front Setbacks Additional Standards iri R-M, R-0, and R-1 Zones

    1. Front Setback Exceptions

      1. Front Setback Exception: R-M Zone. The front setback shall be the average of the Mo nearest developed lots that front on the same street , unless a greater setback is specified in Subsection 9103.OJ.060 (Setback Measurements and Exceptions).

      1. Front Setback Exception: R•0 Zone. The front setback shall be the greater of (a) 3fi feet; and (b) the avefage of the two nearest developed lots , unless a greater setback is specified in Subsection 9103.01.060 (Setback Measurements and Exceptions).

Front Setback Exception: R-1 Zone. The ffont setback shall be the greater of (a) 25 feet; and (b) the average of the two nearest developed lots , unless a greater setback is specified in Subsection 9103.OJ.060 (Setback Measurements and Exceptions).

9102.01.070 Swimming Pools, Spas, Water Features, and Ornamental Features

3. Minimum Side and Rear Setbacks. All water featufes ae¥-+elate¥ that require external mechanical equipment shall comply with applicable side and rear setback requirements of the accessory p /++a+y structure.

9102.01.060 Accessory Structures in Single-Family Residential Zones

9102.01.060 Restrictions on Number and Use

5. Bedr-f7ooms ae6-6lesets. No more than one room is-as allowed within the accessory structure, aside from a bathroom containing a sink, toilei and7or a shon’er.

9102.01.100 Additional Residential Development Standards in Multifamily Zones

      1. Setbacks when Abutting a Single family Zoned Propeny

        1. II!/hen abutting a sing/e family zoned propenf, any structure shall be setback a minimum distance of 20 feet.

        1. Where a propert) line abuts a dedicated alIe) which separates ttie propen) from abutting a multi-famiI’y zoned

propenf, the setback shall be measured from tte centerline of itie alley, and na ponion of and structure

Exhibit “B”

shall encroach throu€lh a plane pr0)ected from an angle of 4L degrees, as measured ai the ground level along the centerline of and alle).

9102.01.050 Permitted Projections in Single-Family Residential Zones

Permitted Architectural Projections in Single-Family Residential Zones. In R-M, R-0, and R-1 zones, architectural and similar features may extend into required setback areas as identified in Table 2-4 (Permitted Projections and Encroachment into Required Setback in Single-Family Zones).

B. Mechanical Equipment Projections in Single-Family Residential Zones. Mechanical Equipment Projections in Single- Family Residential Zones. Mechanical equipment shall compr with the required setbacks set forth fOr the /›rx an structure the mechanical equipment x’iII serve. Exceptions: (J) Tankless water heaters may encroach into the required side and rear setbacks by 30 inches. (2) Mechanical equipment serving swimming pools, spas, and water featufes shall not be set back less than three feet from the rear property Jine.

9103.01.070 Vehicular Visibility Standards

it. Purpose. To safeguafd against vehicular, bicycle, and pedestrian collisions caJsed by visual obstructions at street and alley intersections, and at any point where a driveway intemects a street or alley, there shall be no visual obstruction within the standard vehicular visibility area established in this Section.

  1. Vehicular Visibility Area Requirements. Within 25 feet of an intersection of a vehicular way with a vehicular and/or pedestrian way; no buildings, structures, fences, walls, shrubs, landscape, architectural features, or dense landscaping shall exceed a height of three feet as measured from the surface of the vehicular ways. See Figure 3-5 (Vehicular Visibility- Driveways and Intersections) for standards for lots with and without sidewalks.

c. off-Street Parking Location. Off-street parking shall not be Jocated within any required cleaf site or vehicular visibility area

on a curnt lot.

Exhibit ‘B”

Figure 3 5

Vehicular Visibility Driveways and Intersections (Updated the diagrams]

Standards

Without Sidewalk

Standards

With Sidewalk

Exhibit ”B”

Section 9103.05 Fences, Walls, and Gates Section 9103.050.030 Development Standards

  1. Residential Zones

          1. Special Regulations for Fences, Walls, and Gates Located in the Front Setback—ResidentialZones

            1. R-M and R-0 Zones

              1. A solid wall adjacent to the interior side property Jine may be allowed in the front setback area, provided that it does not exceed four feet in height.

              1. Only one pedestrian gate with decorative columns shall be allowed within the front setback area.

              1. All fences shall be of open work design [a minimum of four inches between vertical and horizontal members.) A two-bot high solid wall may be combined within the allowed height of the decorative fence. Refer to Figure 3-10 (Fence in R-M and R-0 Zones).

            1. R-1 Zone

              1. All fences shall be of open woit design [a minimum of four inches between vertical and horizontal members.) A solid decorative masonry base tor fences may be allowed in the front setback area, provided that it does not exoeed eight inches in height, Refer to Figure 3-11 (Fence in R-1 Zone).

              1. A solid wall adjacent to the interior side pfoperty line may be allowed in the front setback area, provided that it does not exceed three feet in height.

              1. Only one pedestrian gate with decofative columns shall be allowed within the front setback area.

  1. Commercial Zones

    1. Fences, walls, and gates shall not be allowed along the street frontage(s), except to enclose a ground floor landscaped court setback or an outdoor dining area. Any gate placed across the court setback opening or outdoor dining area shall have a minimum of 50 percent transparency.

    1. Fences and walls located at rear and interior side setbad‹ areas are limited to sir feet in height.

Exhibit “8”

Section 9103.07 – Off-Street Parking and Loading 9103.07.060 Off-Street Parking for Non-Residential Uses

K. Parking Stall and Drive Aisle Size: Commercial, Mixed Use, and Industrial Zones

  1. Commercial, Industrial, and Mixed Use Zones. Orive aisles and parking spaces in commercial zones shall have the minimum dimensions listed in Table 3-9 (Standard Vehicle Space Requirements-Commefcial, Industrial, and Mixed Use Zones).

Table 3-9

Standard Vehicle Space Requirements—Commercial, Industrial, and Mixed Use Zones

Aisle Width

Parking Stall Angle

Standard Parallel

Stall Width!’!

10 ft

Stall Length

24 ft

One-Way

14 ft

Two-Way

20It

30-Degree

9 ft

20 ft

16 ft

20 ft

45-Degree

9 ft

20 It

16 ft

20 ft

60-Degree

9 ft

20 ft

20 ft

20 ft

65-Degree

9 ft

20 ft

19 ft

19/t

90-Degfee

9 ft

18 tf+!

25 ft

25 ft

Notes:

    1. Minimum stall width for stalls adjacent to a wall shaJf be 11 feet, six inches.

    2. Exception: Minimum stall length shall be 20 feet for each parking space adjacent to and facing a waJI, building, walkway, utility cabinet, or structure. See also Subpatag‹aph 9103.07.060.P (Wheel Stops or Planter Curbs).

9103.11.040 Exempt Signs

The signs listed in this Section are exempt from the permit requirement and do not count toward the total display area limit which is otherwise applicable. Howevef, the signs described in this Section shall be subject to the applicabJe safety codes and to all other applicable laws. Any such exempt sign shall not block or interfere with the visibility triangle.

  1. Signs Advertising Properties for Sale or Lease

    1. Only one sign advertising properties for sale or lease shall be allowed per property per street frontage. Signs shall be limited to a total height of six teet, n’if// a maximum face area size of f0ur squafe feet in fesidential zones and 24 square feet in non-residential zones.

    1. Pfimar/ sign may have one secondary attached sign not to exceed one square foot, and one brochure box.

    1. The sign may be placed in a yard, in a window, ot on a wall.

Exhibit “B“

9104.02.220 Mobile Food Vending

  1. Purpose and Applicability. The purpose of this Subsection is to ensure that off-street mobile food vending is compatible with surrounding and adjacent uses and does not cfeate an adverse impact on adjacent properties by reason of noise, patting and litter. Mobile food vending in the right-of-way is subject to Arcadia Municipal Code Section 3231 et seq. (Selling and Distributing on Streets).

  1. Special Events that Include Mobile Food Vending. The provisions of this Subsection shall not apply to pefsons operating a mobile vendor vehicle as part of a certified farmer’s market, or an authorized stfeet fair or other event occurring under a special permit issued by the City of Arcadia, provided that the vehicle is part of the event and is complying with all terms of the permit or permits issued (or the event.

Temporal Lise Permit ftequired. No mobile vendor vehicles shall operate on private property without filing for and receiving approval of a Temp0ra Use Permit. No Temporar’/ Use Permit shall be issued for a mobile vendor vehicle unless it conforms to the requirements of this Subsection an0 the findings can be made under the Temporary tlse Permii requirements.

D. Operational Requirements. Mobile vendor vehicles operating on private properly shall comply with the following requirements:

  1. Written Approval of Owner. The written approval of the owner of the location shaft be obtained. A copy of this appfoval shaft be provided to the Director with the Temporary Use Permii application, pfÏO£ t0 operating at the location. The vendor shaft maintain proof of the owner’s approval in the vehicle. The person operating the mobile vendor vehicle shaft present this proof upon the demand of a peace offices or city employer authorized to efforce this article.

  1. Impervious Surface Parking. The vehicle shaft only be stopped, standing or parked on surfaces paved with concrète, asphalt or another impervious surfaœ.

  1. Litter Removal. The mobile vendor vehicle and surrounding property shall be maintained in a safe and clean manner at all times. The mobile food vend0F fTluSt femove littef caused by its products from any public and private property within a 25-foot radius of the vending vehide’s location.

Section 9J05.07 Additional Subdivision Procedures

9105.07.030

  1. Processing of Lot Line Adjustment Application Findings Required for Approval

    1. The Director may approve a lot line adjustment only after first making all of the folbwing findings

d. The lot line adjustment does not create additional lots ;

Section 9107.03 Application Processing Procedures

9107.01.010 Purpose and lntent

A, This Division provides procedures and fegUirements fOr the pfeparation, filing, and initial processing of the land use permit applications required by the City and specified in this Development Code.

ExGdit”B“

B. Table 7-1 (Review Authofity), identifies the Review Authority responsible fof reviewing and making decisions on each type of application required by this Development Code.

Table 7-1

Revew Authority

s

Exhibit “B”

Section 9107.05Administrative Modifications

9102.01.040AIIowed Modifications, Review Authority, and Noticing Requirements

  1. Table 7-2. In order to secure an appropriate improvement of a parcel, present an unreasonable hardship, and/of IO prornote uniformity of development, the applicable Review Authority shaft have the authoñty to approve, conditionally approve, or deny Administrative Modifcations for those matters specified in Table 7-2 (Allowed Modifications, Review Authority, and Noticing Requirements), below, Table Y-2 also identifier the applicable Review Authority responsible for reviewing and making decisions on each type of AdmÏniStfative Modifcation application allowed by this Section, as well as the type of notice or hearing, if and, required by this Section.

Table 7-2

Allowed Modifications, Review Authority, and Noticing Requirements

Type of Administrative Modification Allowed

Ninor Director’s Review

major Director’s Review

Commission’s Review

No Notice or

Hearing Required

Notice, but No Hearing Required

Notice and Hearing Required

Accessory dwelling units unit sizes

Additions to nonconforming single-family residential properties

(small) (Subparagfaph 9J06.03.030 A.4.)

Alterations and/or expansion of nonconforming uses and

structures

Apartment unit sizes

Conversions of existing attic areas within main dwellings in the R- M, R-0, and R-J zones; provided the requests do not result in an additional structure story or any exterior alterations within

required setback areas

Distance between structures

Driveway and parking stall size requirements (Residential zones)

Driveway and parking stall size requirements (Commercal, Industrial, and Downtown zones)

X

Fence, wall, and hedge regulations, except along the street side

of a corner parcel

X

Fence and landscaped buffer regulations (Subsection

9106.09.020 B.)

X

Front lot line determination

X

Front, side, of rear setbacks; pf0vided a setback from a street shall be modified only with a written declaration of the City

Engineer that the modification, if granted, will not adversely affect any foreseeable need for widening the street

X

(For Special

Setbacks Only)

Height of noncommercial structures Solar paneJs only

X

Height of noncommercial structures

Interior side setbacks in the R-M, R-0, and R-1 zones for detached accessory structures ( +^ t^c °=°p”°° °’ g’°°! w„n.w7/gWUAAWN? l+f++OW A++WWWW)

X

Interior side setbacks in the R-M, R-0, and R-J zones for single- story additions to an existing dwelling where the portion of the addition(s) which does not comply with the setback requirements consists of a total of 30 linear feet or less and maintain(s) the same or greater setback than the existing stfU¢ture walls; 80d further provided, a minimum interior side setback of three feet in

the R-1 and five feet in the R-M and R-0 zones is maintained

Interior side setbacks in the R-M, R-0, and R-I zones for

sinale-storv additions to an existing dwelling where the

Exhibit “B”

Table 7-2

Allowed Modifications, Review Authorit , and Noticin Re uirements

Minor Director’s Major Director’s Commission‘s

Type of Administrative Modification Allowed

portion 0f the addition(s) wbich does not comply with the setback requirements consists of a toial of more than 30 linear feet and maint6iys) ttie same or greater setback than the existing structure i+’ally; 6nd further provided, s minimum interior side setback of three feet in ttie R-1 and

Review Review Review No Notice or Notice, but No Notice and

Hearin Re uired Hearin Re uired Hearin Re uired

five feet in the R-M and R-0 zones is maintained

Landscaping Standards ) X

Exhibit “B”

Section 9J07.17 Reasonable Accommodation

9107.17.060 Findings and Decision

    1. Findings. The written decision to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shalJ be based on consideration of all of the following (actors:

      1. Whether the housing, which is the subject of the request, will be used by an individual defined as disabled undef the

Arts;

      1. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

      1. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on If\e City;

      1. Whether the requested Reasonable Acoommodation would require a fundamental alteration in the nature of a City pfogram or law, including but not limited to land use and zoning;

Whether the requested Reasonable Accommodation x’ould hsve Ppotential impact on suzounding sites and

uses;

  1. I/r/let//er the /›PhysicaI attributes of the property and structures are suitable to support the Peasonad/e

Accommodation,’ and

  1. Other Reasonable Accommodations that may provide an equivalent level of benefit.

Exhibit ‘B”

Section 9107.23 Temporary Use Permits

9107.23.0fi0 Allowed Temporary uses

The following temporary uses are allowed, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Subsection 9107.23.090 (Conditions of Approval), below, Activities conducted on sites located within the RTE (Race Track Event) Overlay or S-1 zone may be allowed longer or recurring time periods within which to operate in compliance with Subparagraph 9107.23.030 D. (Applicable Review Authority), above.

  1. Car Washes. Car washes, limited to one event each month for each sponsoring ofganization, not exceeding three days in length. Sponsorship shall be limited to educational, fraternal, feligious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.

  1. Contractors’ Construction Yards 0ff-Site. The permit may be effective for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction pfoject, whichever first occurs.

  1. Events

1, Amusement rides, arts and crabs exhibits, auctions, carnivals, circuses, conoerts, fairs, farmer’s markets, festivals, flea markets, food events, outdoof entertainment/sporting events, non-profit fund raising, rodeos, fummage sales, second- hand sales, mobile food vending as specified in Section 9J04.02.220 and swap meets for 14 consecutive days or less, or six two-day weekends, within a 12-month period.

Outdoor displays and retail sales events conducted by a retail business holding a valid Business License in the City may be allowed a maximum of three outdoor retail sales events (excluding City sponsored activities) each calendar year in compliance with the standards identified in Subsection 9104.02.110 (Display and Retail Activities Outdoor). For purposes of this Subsection an outdoor retail sdes event shall be no longer than four consecutive days in duration.

  1. Outdoor gatherings/meetings and group activities for seven consecutive days or less, within a 12-month period.

  1. Outdoor vehicle sales events conducted by established vehicle sales facilities for 30 consecutive days or less, within a 12-month period.

Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sales lots) only by businesses holding a valid Business License in the City; provided the activity may only be held from October 1st through October 31st, of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th, of the same year lot Chfistmas tree sales.

6. And temparary use deemed appropriate by tie Director, including itie duration o[ the teinporan/ use.

9107.23.070 Action by the Review Auth0rity

  1. Public Notice and Hearing Not Required for the Director’s Action on a Temporary Use Permit

2. Director‘s Actions Citywide. The fdlowing notice and hearing provisions shall apply City-wide, except lot lose

activities on sites located within the RTE (Race Tfack Event) Oveflay per Section 9107.23.030.3.a or S-1 zone. See

Neither a public notice or hearing shall be required for the Director’s decision on a Temporary Use Pefmit

application.

b, However, the Director may choose to provide for a public notice and hearing, in compliance with Section 9108.13 (Public Notices and Hearings).

Exhibit “B”

9108.13.060 Decision and Notice

    1. Notice of Decision

  1. Provision of Notice. Witfiin 10 days following the final decision on an application for a permit or other approval required by this Development Code, the City shaft provide notice of ih final action to the applicant and to any person who specifically requested notiœ of the Ci(y’s final action.

  1. Contents of Notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring fequirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, and general welfare of the City, and the procedure for appeal.

  1. Delivery of Notice. The notice of the final decision shaft be delivered by fret class,

9107.19.040

    1. 3. DUfÏFl the course of the review process, the Review Auth0fity may requÏfe the submittal of additional information or revised plans. The applicant shaft be notified in whiting of any revisions or additional information required and shaft submit the requested information to the Department within 66 90 days following the date of the notiœ or withiFl the pefiod of time designated by the Review Authonty, Failure to submit the required intormation by the end of the business day on the 6S0th day, or within the period of time designated by the Review Authority, shaft cause the City to consider the application withdrawn and of no further effect.

Exhibit “B“