§ 9107.05 — Arcadia Zoning Code

9107.05.010 - Purpose and Intent. ¶

The purpose of the Administrative Modification is to provide a procedure to secure an appropriate improvement of a parcel, to prevent unreasonable hardship, and/or to promote uniformity of development.

9107.05.020 - Applicability.

A.

When practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Section occur by reason of a strict interpretation of any of the provisions of this Development Code, the applicable Review Authority specified in Table 7-2 (Allowed Modifications, Review Authority, and Noticing Requirements), may in specified cases, grant an Administrative Modification from the provisions of this Development Code under conditions deemed necessary to ensure that the spirit and purposes of this Development Code will be observed and public safety and welfare will be secured.

B.

The applicable Review Authority may approve an Administrative Modification that allows for an adjustment from any of the development standards specified in Table 7-2 (Allowed Modifications, Review Authority, and Noticing Requirements).

9107.05.030 - Application Filing, Processing, and Review.

A.

Filing. An application for an Administrative Modification shall be filed and processed in compliance with Section 9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Administrative Modification applications, together with the required fee in compliance with the Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 9107.05.050 (Findings and Decision), below.

B.

Processing and Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Section. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

C.

Notice and Hearing Requirements. A public notice shall be required for a Major Director's Review and a public notice and hearing shall be required for a Commission's Review on an Administrative Modification application. If required, the public hearing shall be scheduled once the Director has determined the application complete. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Subsection 9107.05.040 (Allowed Modifications, Review Authority, and Noticing Requirements), below, and Section 9108.13 (Public Notices and Hearings).

9107.05.040 - Allowed Modifications, Review Authority, and Noticing Requirements.

A.

Table 7-2. In order to secure an appropriate improvement of a parcel, prevent an unreasonable hardship, and/or to promote uniformity of development, the applicable Review Authority shall have the authority to approve, conditionally approve, or deny Administrative Modifications for those matters specified in Table 7- 2 (Allowed Modifications, Review Authority, and Noticing Requirements), below. Table 7-2 also identifies the

applicable Review Authority responsible for reviewing and making decisions on each type of Administrative Modification application allowed by this Section, as well as the type of notice or hearing, if any, required by this Section.

Table 7-2 Allowed Modifications, Review Authority, and Noticing Requirements

Table 7-2 Allowed Modifcations, Review Authority, and Noticing Requirements
Type of Administrative Modifcation Allowed	Minor Director's Review	Major Director's Review	Commission's Review
	No Notice or Hearing Required	Notice, but No Hearing Required	Notice and Hearing Required
Conversions of existing attic areas within main dwellings in the R-M, R-0, and R-1 zones; provided the requests do not result in an additional structure story or any exterior alterations within required setback areas		X
Distance between structures	X
Driveway and parking stall size requirements (Residential zones)	X
Driveway and parking stall size requirements (Commercial, Industrial, and Downtown zones)		X
Fence, wall, and hedge regulations, except along the street side of a corner parcel	X
Fence and landscaped bufer regulations (Subsection 9106.09.020 B.)		X
Front lot line determination	X
Front yard setback for additions to existing structures		X
Height of noncommercial structures - Solar panels only	X
Height of noncommercial structures			X
Interior side setbacks in the R-M, R-0, and R-1 zones for detached accessory structures		X
Interior side setbacks in the R-M, R-0, and R-1 zones for single- story additions to an existing dwelling where the portion of the addition(s) which does not comply with the setback requirements consists of a total of 30 linear feet or less and maintain(s) the same or greater setback than the existing structure walls; and further provided, a minimum interior side setback of three feet in the R-1 and fve feet in the R-M and R-0 zones is maintained	X
Interior side setbacks in the R-M, R-0, and R-1 zones for single- story additions to an existing dwelling where the portion of the addition(s) which does not comply with the setback requirements consists of a total of more than 30 linear feet and maintain(s) the same or greater setback than the existing structure walls; and further provided, a minimum interior side setback of three feet in the R-1 and fve feet in the R-M and R-0 zones is maintained		X
Interior side setbacks		X
Landscaping and Hardscape Standards		X
Loading Requirements	X
Lot Size (area, depth, and width)			X
Minimum Density		X

Ornamental Features (height or number of features)		X
Open Space Standards		X
Nonconforming residential structures - alterations or expansions (Subsection 9106.05.020)		X
Nonconforming residential uses - alterations or expansions (Subsection 9106.03.010)		X
Nonconforming single-family residential properties (small additions) (Subsection 9106.03.030.A.4.)		X
Parking Plan			X
Perimeter Parking Lot Landscaping	X
Reduce the number of required parking spaces in a commercial, mixed-use, or industrial zoned properties	X (1—3 Spaces)	X (4—6 spaces)	X (7 spaces or greater)
Rear setbacks—frst foor additions to existing dwellings or detached accessory structures		X
Rebuilding of single-family dwellings; provided the new portion(s) of the project comply with current Development Code requirements		X
Setbacks for mechanical and plumbing equipment	X
Setbacks for wireless communication facilities		X
Sign regulations	X
Special setbacks; provided a setback from a street shall be modifed only with a written declaration of the City Engineer that the modifcation, if granted, will not adversely afect any foreseeable need for widening the street	X
Street side setbacks for frst foor additions to existing dwellings or for accessory structures		X
Subdivision Design and Improvements (Section 9105.01.110)		X
Swimming pool regulations	X
Tennis and paddle tennis courts - construction and operations standards		X
Trash Enclosures in Subparagraphs 9103.01.130 C.2. relating only to the number and size of enclosures and D.2. the location of enclosures.	X
Utility and storage space requirements	X
When the maximum number of units allowed in the R-2 and R-3 zones has a fractional remainder of .05 or less, the Commission may allow the maximum number of units to be rounded up to the next highest whole number, but in no case greater than 30 du/acre in the R-3 zone.			X
Modifcations Only to Commission
Below-grade or subterranean parking in the R-M, R-0, and/or R-1 zones, provided the request does not result in more than one story below grade.			X
Modifcation to any of the setbacks for a new dwelling			X
Rebuilds			X
Second story setback on an existing dwelling			X

In cases where a specific modification is not listed but it is a standard that can be deviated under this Review Authority, the Director shall assign the modification to a category substantially smaller in category, including its noticing requirements.

B.

Notice Requirements for Minor Director's Review - Not Required. Neither a notice nor public hearing shall be required for a Minor Director's Review of an Administrative Modification application. The Director may defer action and refer any Administrative Modification request to the Commission for consideration and final decision.

C.

Notice Requirements for Major Director's Review - Notice Required.

1.

Notice shall be provided in compliance with Section 9108.13 (Public Notices and Hearings) and shall be mailed to all owners of real property as shown on the latest assessment rolls of the City or of the County, located within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property may, in the judgment of the Director, be affected by the proposed project at least 14 days before the date of the Director's consideration and final decision as stated in the notice.

2.

The mailed notice shall state that the Director will consider and decide whether to approve, conditionally approve, or deny the Administrative Modification application on a date specified in the notice.

3.

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

D.

Notice and Hearing Requirements for Commission's Review - Notice and Hearing Required. A notice and public hearing shall be required for the Commission's decision on an Administrative Modification application. The public hearing shall be scheduled once the Director has determined the application complete. The notice shall be mailed to all owners of real property as shown on the latest assessment rolls of the City or of the County, located within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the Administrative Modification application. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

E.

Appeal Provisions.

1.

Minor and Major Director's Reviews. The Director's Review of a Minor or Major Administrative Modification may be appealed to the Commission and then the Council in compliance with Section 9108.07 (Appeals).

2.

Commission's Review. The Commission's Review of an Administrative Modification may be appealed to the Council in compliance with Section 9108.07 (Appeals).

(Ord. No. 2347, § 4(Exh. B), 6-6-17; Ord. No. 2369, § 3, 12-17-19; Ord. No. 2370, § 3, 1-21-20; Ord. No. 2375, § 4(Exh. A), 4-6-21; Ord. No. 2401, Exh. D, 4-15-25)

9107.05.050 - Findings and Decision.

A.

Authorized Actions. The applicable Review Authority shall record the decision in writing and shall recite the findings upon which the decision is based. The Director may also defer action on a Minor or Major Director's Review and refer the application to the Commission for review and final decision.

B.

Required Findings. The applicable Review Authority may approve an Administrative Modification application, with or without conditions, only if it first makes at least one of the following findings:

1.

Promote uniformity of development;

2.

Prevent an unreasonable hardship; or

3.

Secure an appropriate improvement of a parcel.

9107.05.060 - Burden of Proof. ¶

The burden of proof to establish the evidence in support of the findings, required by Subsection 9107.05.050 (Findings and Decision), above, is the responsibility of the applicant.

9107.05.070 - Conditions of Approval. ¶

In approving an Administrative Modification application, the applicable Review Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with this Section and the findings required by Subsection 9107.05.050 (Findings and Decision), above.

9107.05.080 - Use of Property before Final Action.

No permits or approvals shall be issued for any improvement involved in an application for an Administrative Modification until and unless the same shall have become final, in compliance with Subsection 9108.11.030 (Effective Dates of Permits).

9107.05.090 - Post Decision Procedures. ¶

The procedures and requirements in Section 9108.11 (Permit Implementation, Time Limits, and Extensions), and those related to appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply following the decision on an Administrative Modification application.

Section 9107.07 - Certificates of Demolition