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HomeMy WebLinkAboutNovember 15, 2005~w~P~RVti MEETING AGENDA Arcadia City Council/Redevelopment Agency :: sr;:: TUESDAY, NOVEMBER 15, 2005 °-m^-'- -• a°d This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The complete staff report and all other written documentatlon reladng to each item on this agenda are on file in the office of tfie C(ry Clerk and the reference desk at the Arcadia Public Library and are available for public inspection and review. If you have any questions regarding any matter on the agenda, please olI the office of the City Clerk at (626) 574-5455. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a Gty Coundl meeting, please contact the City Manager's office at (626) 5745401 at least three (3) business days before the meeting or time when special services are needed. This notification will help City staff in making reasonable arrangements to provide you with aaess to the meetlng. 6:00 p.m., City Council Chamber Conference Room ROLL CALL AUDIENCE PARTICIPATION -(5 minutes per person) , STUDY SESSION a. CLOSED SESSION a. Report, discussion and direction regarding "financing options for Goldline grade separation at Santa Anita Avenue." Recommendadon: Provide discussion and direction. Pursuant to Government Code Section 54956.9(c) to mnfer with legal counsel regarding the potential initiation of litigation - one (1) case. 7:00 p.m. in the Council Chamber INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS REPORT FROM STUDY AND/OR CLOSED SESSIONS (AS NECESSARIn MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL PRESENTATIONS a. Presentation by Foothills Middle School PTA President. 1. PUBLIC HEARING - CITY COUNCIL All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. a. Text Amendment 2005 04 addina orovisions to the Citv's Architectural Desian Review requlations (Section 9295 et seo l reauiring desion review for single-familv residential uses and adootina related desion i lin Recommendation: 1 Introduce Ordinance No. 2213 amending Section 9295, an Ordinance of the City Council of the City of Arcadla, Califomia, amending certain sections of Article IX, Chapter 2, Part 9, Division 5 of the Arcadia Municipal Code relating to Architectural Design Review 2 Direct staff to prepare a resolution adopting the Single Family Design Guidelines 3 Direct staff to schedule a public hearing for consideration of adopting proposed fees for processing applications for sinqle-family desipn review 4 Authorize the Assistant City Manager/Development Services Director to begin recruitment of an Associate Planner for the Community Development Division 5 Appropriate ftom the unreserved general fund $46,000 to the Development Services Department/Community Development Division 2005-06 budget for compensation and benefits for an Associate Planner position for the remaining six months of fiscal year 2005-06. (This amount also Includes the one-time costs of approximately $6,000 for office fumiture and a computer J b. Re 'on No. 64 bli ' f f r Devel me A r men . Recommendation: Adopt AUDIENCE PARTICIPATION -(5 mfnutes per person) REPORTS FROM ELECTED OFFICIA45 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the November 1 2005 Reaular Meetinq, Recommendation: Approve CONSENT CALENDAR - CITY COUNCIL b. Minutes of the Nov ember 1, 2 005 Reaular Meetin g. Recommendation: Approve c. Award a one fll ve ar contrac t extension t o Grace Buiiding Maintenance Comoanv Inc for ia n'dorial and oorter services at v arious CRv facilities in T he amo unt of ~318 344. Recommendation: Approve d. Authorize the Gp~ Manaqer to enter into Professi onal Services Agreements with A KM Consult ina Enaineers in the amount of ~ 129 839 to orovide cons tructio n manaaement and insoection se rvices and with Ninyo and ntoorP Consultants in the am ount of S20 D 00 to o rovide material testina services for the con struction of the Oranae Grove Boo ster Pump Station. Recommendation: Approve e. Authorize the itv Manaaer to enter into a mntract with Insituform Tech Inc for the Third Avenue Sewer Pi~ Liner and Colorado W II Discharae Pioe Liner Proiect in the amount of ~84 910. Recommendation: Approve f. a*h~ ' a the continuation of a covote manaaemenUtraooina orooram usina Animal Pest Manaaement Inc , for an ongoinq, indefinite oeriod of time. Recommendation: Approve g. Resolution No 6490 declarina its intention to cnndud a public hearina to rnnsider a mnditional assianment of a Cable Television Franchise bv Cablevision of Arcadia/Sierra Madre Inc fdba TCI Cablevision of Los Angeles CounNl to U1C Exchanoe II LLC. Recommendation: Adopt h• o i r u Faoi ,~ i ~r ~~+antion to condud a public hearina to consider the orenting of an Ooen ~~~ ~ s+em (OVSI Aareement with Chamoion Broadband LLC a Wvomino Limited LiabiliN Comoanv. Recommendation: Adopt Resoiution No 6494 sustainina Plannino Commission's denial of Conditional Use Permit No OS-014 for the outdoor use of an existina metal storaae container at 657 West Duarte Road Recommendation: Adopt j. Ordinance No 2211 amendina Sections of Arcadla Municipal Code oertainina to Adult Businesses and addina a new Chaoter to the Arcadia Municioal Code oertaininq to Licensina of Adult Businesses. Recommendation: Adopt k. Ordinance No 2212 amendina Section 3907 of the Arcadia Municioal Code concemina false securitv alarms• Recommendation: Adopt 3. CITY MANAGER a. Report, discussion and diredion regarding "financing options for Goldline grade separetion at Santa Anita Avenue." Recommendation: Provide direction. AD70URNMENT The Gty Council will adjoum this meeting in memory of Donald L. Butler to November 16, 2005, 7:00 p.m. for a Special Meeting in the City Council Chamber. r`AylPOpA.4 ANNOTATED AGENDA ~~~ Arcadia City Council/Redevelopment Agency TUESDAY, NOVEMBER 15, 2005 ~ unr.., et N°~. STUDY SESSION a. Report, discussion and diredion regarding "financing options for Goldline grade separation No Reportable Action at Santa Anita Avenue." Recommendation: Provide discussion and direction. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding No Reportable Action the potential initiation of litigation - one (1) case. MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL PUBLIC HEARING a. Text Amendment 2005-04. addinq orovisions to the City's Architedural Desiqn Review APPROVED 5-0 reaulations (Section 9295 et sea.1 reauirinq desian review for single-familv residential uses and adopting related design auidelines. Recommendation: 1 Introduce Ordinance No. 2213 amending Section 9295, an Ordinance of the City Council of the City of Arcadia, California, amending certain sections of Article IX, Chapter 2, Part 9, Division 5 of the Arcadia Municipal Code relating to Architectural Design Review 2 Direct staff to prepare a resolution adopting the Single Family Design 3 Dired staff to schedule a public hearing for consideration of adopting proposed fees for processing applications for sin9le-family design review 4 Authorize the Assistant City Manager/Development Services Director to begin recruitment of an Associate Planner for the Community Development Division 5 Appropriate from the unreserved general fund $46,000 to the Development Services Department/Community Development Division 2005-06 budget for compensation and benefits for an Associate Planner position for the remaining six months of fiscal year 2005-06. (This amount also includes the one-time costs of approximately $6,000 for office furniture and a computer.) b. Resolution No. 6492, establishing a fee for Development Agreements. APPROVED 5-0 Recommendation: Adopt 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the November 1, 2005 Regular Meeting. APPROVED 5-0 Recommendation: Approve CONSENT CALENDAR - CIiY COUNCIL b. Minutes of the November 1, 2005 Reqular Meetinq. APPROVED 5-0 Recommendation: Approve c. Award a one {1) year contract e~ension to Grace Building Maintenance Companv, Inc. for APPROVED 5-0 janitorial and porter services at various City facilities in the amount of $318,344. Recommendation: Approve d. Authorize the City Manaqer to enter into Professional Services Aareements with AKM APPROVED 5-0 Consulting Engineers in the amount of $129.839 to orovide construction management and inspection services and with Ninvo and Moore Consultants in the amount of S20 000 to provide material testino services for the construction of the Orange Grove Booster Pumo Station. Recommendation: Approve e. Authorize the Ciri Manager to enter into a contract with Insituform Tech Inc., for the Third APPROVED 5-0 Avenue Sewer Pioe Liner and Colorado Well Discharae Pioe Liner Proiect in the amount of 84 910. Recommendation: Approve f. Authorize the continuation of a covote manaaement/treooina oroaram using Animal Pest Management. Inc., for an onaoina, indefinite oeriod of time. Recommendation: Approve g. Resolution No. 6490, declarina its intention to condud a public hearing to consider a conditional assignment of a Cable Television Franchise bv Cablevision of Arcadia/Sierra Madre. Inc. (dba TCI Cablevision of Los Anaeles Countv) to CAC Exchanae II. LLC. Recommendation: Adopt h• Resolution No. 6491. declarinq its intention to condud a public hearino to consider the granting of an Ooen Video Svstem (OV51 Aareement with Champion Broadband. LLC. a Wyoming Limited Liabilitv Comoanv. Recommendation: Adopt APPROVED 5-0 APPROVED 5-0 APPROVED 5-0 i. Resolution No. 6494 sustainina Planninq Commission's denial of Conditional Use Permit APPROVED 5-0 No. OS-014 for the outdoor use of an existing metal storaae container at 657 West Duarte Road• Recommendation: Adopt j. Ordinance No. 2211. amending Sections of Arcadia Municipal Code pertaining to Adult APPROVED 5-0 Businesses and adding a new Chaoter to the Arcadia Municipal Code pertainino to Licensing of Adult Businesses. Recommendation: Adopt k. _O_rdin~nce No. 2212. amending Section 3907 of the Arcadia Municipal Code mncernina APPROVED 5-0 false security alarms. Recommendation: Adopt 3. CITY MANAGER a. Report discussion and diredion reaardina "financina o~tions for Goldline arade seoaration G. O. BONDS - APRIL at SanW Anita Avenue." 11, 2006 ELECTION APPROVED 5-0 Recommendation: Provide direction. ~. 4T0i~2 ~.veOwy MEETING MINUTES ~~a Arpdia City Councii/Redevelopment Agency c„`~^ Y a.• TUESDAY, NOVEMBER 15, 2005 ~ ..~~..~••~ 6:00 p.m., City Council Chamber Conference Room ROLL CALL PRESENT: Council/Agency Members Chandler, Kovadc, Marshall, Segal, and Wuo ABSENT: Nane ~ AUDIENCE PARl2CIPATION -(5 minutes per pereon) - Mary Doro[hey appeared to speak in favor of the qrade separatlon at Santa Mita Avenue. STUDY SESSION a. Report, discussion and direction regarding "flnancing options for Goldline grade separatlon at Santa Anita Avenue." Recommendatlon: Provide discussion and direc[ion. Bill Kelly, Clty Manager, and Phll Wray, Gty Engineer, provided an update to the City Counul regarding a variety of finandng opdons for the Goldline Grade Separation at Santa Aniq Avenue. The flnancing options presented and discussed included: 1) General Obllgation Bonds, 2) Assessment District Bonds, and 3) Communiry Facilitles DlsVic[ Bonds. This matter will come be(ore the Countil later in Me agenda during Me Regular Coundl Meeting. CLOSED SESSION , a. Pursuant to Government Code Section 54956.9(c) [o mnfer with legal counsel regarding the potential initiatlon of IltlgaUon - one (1) case. 7:00 p.m. in the Council Chamber INVOCATION Rabbi Danlel Mehlman, Temple Shaarei Torah . PLEDGE OF ALLEGIANCE Mary Rovarino, &ecutive Vice President, Arcadia Asso[iatlon of Real[ors ROLL fALL PRESENT: Counal/Agenry Members Chandler, Kovacic, Marshall, Segal, and Wuo ~ ABSENT: None SUPPLEMENTALINFORMATION FROM STAFFREGARDING AGENDAITEMS None. REPORT FROM ST1DY AND/OR CLOSED SESSIONS (AS NECESSARI7 Steve Deitun, City Attorney, reportetl that Ne Gty Council met in 5[uAy Session for an uptlate regartling finandng op0ons for Goldline grade separatlon a[ Santa Anita Avenue. In addidon, the City Councll met In dosed Session to discuss one matter pertalning to [he potenUal Initlation of lidgatlon. There was no reDortable aRion taken by the City Cauncilin Closed Session. MOTION TO READ ALL ORDINANCES/RESOLUTIONS BV TITLE ONLV AND WAIVE READING IN FULL A motlon was made by Council Member Gandler, sxonded by Caundl Member Marshall, and carried without objection [o read all ordinances/resolutlons by title only and waive reading in full. PRESENTATIONS a. Presentation by Foothills Middle School PTA President. (NOt present) 17-15-05 47:0103 1. PUBLIC HEARING - CIiY COUNCIL All interested persons are invited to appear at the Pu61i[ Heanng and to provide evidence or testimony tonceming the proposed items of consideradon. Vou are hereby advised that should you desire to legally challenge any action taken by Me Ciry Council with respect to any Public Heanng item on this agenda, you may be limited to raising only those issues and objectlons whlch you or someone else raised at or prlor to the ~tlme of the Public Hearing. a. Text Amendment 2005-04 addina orovisions ro the CiNs Architectural Desian Review reaulations (Section 9295 e[ sea 1 reauirina desian review for sinale-familv residential uses and adootina related desian ui line Recommendation: 1 Introduce Ordinance No. 2213 amending Section 9295, an Ordinance of the City Council of the City of Arcadla, California, amending certain sections of Article Il(, Chapter 2, Part 9, Division 5 of the Arcadia Munitipal Code relating to Architectural Design Revlew 2 Direct staff to prepare a resolu[ion adopting the Single Family Design Guidelines 3 Direct staff to schedule a public hearing for consideraUon of adoptlng proposed fees for processing applicatlons for single-family design revlew 4 Authonze the Asslstant Ciry Manager/Development Services Director to begin recruitment of an Associate Planner for the Communiry Development Division 5 Appropriate from [he unreserved general fund ;46,000 [o the Development Services Depar[menU~mmunity Development Division 2005-06 budget for compensation and benefiCs for an 0.ssaciate Planner positlon for the remaining Ax months of fscal year 2005-06. (This amoun[ alw includes the onrtime wst of approximately $6,000 for. office fumiNre and a . computer.) Staff Report Don Penman, Assistant City Manager/Development Services Director, and Donna BuUer, Community Development Administrator, presented the report. StaR noted Mat the propased Text Amendment was initlated to add regulatlons to the Arcadia Municipal Code to require design review for single-family residendal uses and also to adop[ related design guidelines. The Planning Commission recommended approval of this Item to the City Councll at Its Septem6er 13, 2005 meeting. Staff also recommends approval of this Item. City Attorney Deitsch dartifled tha[ Mayor Wuo is a member of Arcadia Association of Realtors but does not have any financial IMerest In this matter. He is entitled to partidpate in this public hearing and is able to vote on the Issue under the falifornia Polidol Reform Ad. Pu61ic ~ Ronald Thee. 926 Entanto Orive, appeared to express his concems wi[h regard to "masionizatlon" of Testimony homes in Arcadla. He felt that Arcadia must Gke an aggressive policy of code enforcement and should have Citywide NChitec[Ural Design Review. ~ ~p Ahlswede Government Affairs Direc[or, Arcadia Association of Realtors, noted that Me Assodadon is not agains[ Me pmposal but they want to make mme amendments and improvementr to the Guidelines. Tonv Henrich. ARB Chairtnan, Rancho Santa MiW Residents Aswciation, appeared to speak in support of the proposed Archi[ec[ural Design Review. rv n Chairman, Political Action Cammittee, Nradia Associatlon of Public Real[ars, su6mitted letters from several city residenLS regarding the public hearing matter. Martin Funa, appeared to speak in favor of the Architectural Design Review. Marv Rovarino. 57 West Camino Real, Exetutive Vice Presiden(, Arcadia Aswtiation of Realtors, noted that she Is in favor of design review but would like clariFlcadons on some areaz of the Guidelines. James Kellv. 946 Coronada Drive, supported the adoptlon of [he proposed guidelines. Ralnh Bickers Highland Homeowners Association, appeared to speak in favor of the proposed design review guidelines. 11-15-05 ;,,,_ ~ Larrv Rovarino. 57 West Camino Real, appeared to reques[ that the Council amend the proposed guidelines. Motion to Close It was moved by Council Member Marshall, seconded 6y Coun[il Mem6er Chandler and carried without objection to 'PUblic Hearing close the public hearing. C'Ry Council In response to an inqutry from Mayor Wuo, staff responded that the responsibility for design review will remain with Deliberation the HOA's, however, the guidelines may be used to assist the associations in their design review praess. None of the City's proposed guidellnes are in conflict with the HOA guidelines. City Attomey Deitsch read the revisions to the proposed Ordinance No. 2213. In respond to an inquiry from Mayor Pro 7em Chandler, staff clarrified that the guidelines will be adopted hy Resolution allowing (or easy modification and changes as netessary. Motion It was moved by~Council Member Kovacic, seconded by Council Member Chandler, and carried on roll call vote to: 1 Introduce Ordinance No. 2213 amending Section 9295, an Ordinance of the City Council~of the Oty of Arcadia, Califomia, amending certain sections of Article IX, Chapter 2, Part 9, Division 5 of the Arcadia Municipal Code relatinq [o Architectural Design Review as amended. 2 Direct s~ff to prepare a resoludon adoptlng the Single Family ~esign Guidelines. 3 Direct staff to srhedule a public hearing For considera[ion of adapting proposed fees for processing applications for sinqle-familY desiqn revlew. 4 Autltarize the l~ssistanF City ManagerjDevelopmen[ Services Director tu begin recruitrnent of an lv~sodate . Planner far the Community Development Dlvision. ~ 5 Appropriate from the unreserved general (und $46,000 to the Development Services Departrnen4Community Development Division 2005-06 hudget for compensation and benefts for an Associate Planner posbon for the remalning six monNs of fscal year 2005-06. (This amoun[ also includes ~ the one-dme cost of approximately $6,000 for offce furniture and a mmpu[er.) Roll Call AYES: Council/Agency Members Kwacic, Chandler, Marshall, Segal, and Wuo NOES: None. b, Resolution No. 6492. establisnina a fee for Develooment Aoreements Recommenda[lon: Adopt Staff Report Don Penman, hssistant City Manager/Development Servi[es Direc[or, and Donna BuUer, Community Development Administrator, presented the report. Staff noted that the City Counal adapted a resoludon that established procedures and requirements for development agreemen~; the regulations require adoption of a development agreement fee by separate resolution of the Council. Staff is recommending adoption of Resolutlon No. 6492 which establishes fees for the filing and processing of appllcations and related documents (or developmen[ agreementr. Public None. Tes[imony Motion to Close It was moved by Coundl Mem6er Chandler, seconded by Council Member Segal, and carried without objec[ion to Public Hearing tlose the public hearing. City Council None. Deliheation Motlon It was moved by Councll Member Chandler, seconded by Council Member Kovacic, and carried on roll call vote to adopt Resolution No. 6492, a Resolution of the City Council of Arcadia, Califomla es[ablishing fees for the filing and processing of applica[ions and related documents for development agreementr. Roll Call AYES: Council/Agency Members Chandler, Segal, Kova~ic, Marshall and Wuo NOES: None. 4,.4,04 11-15-05 47:0105 AUDIENCE PARTICIPA7ION -(5 minutes per person) Ross Garside 16 North First Avenue, encouraged the City Council to support the grade separation issue on Santa .MiW Avenue. REPORTS FROM ELECTED OFFICIALS MARSHALL Thanked everyone who spoke before the Council tonight; announced that the Ct/ Clerk's offce needs precinct warkers Por the April 11, 2006 Elec[ion; encourageG everyone to attend [he November 16 Spedal Meeting where developers of proposed projects at the Santa Anita Racetrack and We~eld Shoppingtown will present their ideas to the City Council; noted that the final judging for Holiday Deroration Awards will be held on December 12th; wished everyone a HappyThanksgiving. SEGAL Thanked tonight's speakers; commended staff for tremendous job on preparing the staff report and guidelines for design review; reminded everyone tha[ the Festival of Bands will be held on Saturday, Novem6er 19th; and wished everyone a Happy Thanksgiving. CHANDLER Wished everyone a Happy Thanksgiving. KOVACIC Invited everyone to attend the Nwember 16 study session; noted Interfaith Action Group Thanksgiving service wilf be held on Monday, November 21th; wished everyone a Happy Thanksgiving. WUO Thanked tonight's speakers; expressed appreciadon to W~eld Shoppingtown for helping the community; invited public to attend the Monte Carlo night sponsored by Red Cross at Santa Anita Racetrack, November 19th; wished everyone a Happy Thanksgiving. Ciry Manager Kelly suggested protocol for the November 16, 2005 Special Meetlng. 2. CONSENTCALENDAR-ARCl1DIAREDEVELOPMENTAGENCV a. Minutes of the Novem6er 1 2005 Reoular Meetina Recommendatlon: Approve CONSENT CALENDAR - CITY COUNCIL b. Minu[es of the Novemher 1 2005 Reoular Meetina Recommendatlon: Approve c. Award a one (11 vear [ontract extension m Grace Buildina Maintenance Comnanv Inc for ianitorial and ~orter services at various Gri facllitles in the amount of 5318 344 Recommendation: Approve d. Authorize the CiN Manager to enter into Professional Services Aareementr with AKM Consultina Enaineers in the amount of 3129 839 m orovide mnstructlon management and insoection services and with Ninvo and Moore ConsNtants in the amount of S20 000 to orovide ma[erial testina services for the mnstruction of the Orange Grove Booster Pumo Station. . Recommendation: Approve e. Authorize the CiN Manaaer to enter into a contract with Insitufortn Tech Inc for the Third Avenue Sewer Ploe Liner and Colorado Well Discharae Pioe Liner Proiec[ in the amount of 884 91o Remmmendatian: Approve f. Authorize the continuation of a coyote manaaemenUtraooina oroaram usina Animal Pest Manaaement Inc For an onaoina indefinite oeriod of dme Recommendation: Approve g. Resolutlon No 6490 declarina itr intention to conduct a oublic hearina to consider a condi~onal a=='~nment of a Ca61e Television Franchise bv Cablevision of Arcadia/Sierra Madre Inc ldba 7CI Cablevision of Los Anoeles CounM to CAC Ezchanae II. LLC. Recommendation: Adopt . h. Resolution No 6491 tledarino Its intention to conduR a oublic hearino ro consider the arantina of an Ooen Video Svstem (OVS) Aareement with Chamoion Broadband LLC a Wvomina Limited LlabiliN Comoanv. . Recommendation: Adopt 4 ~ 11-15-05 ., ~ 4~:~,~6 Rewlutlon No 6494 sustainino Plannino Commission's denial of Cond'Rional Use Pertnit No OS-014 for the outdoor use of an existina metal storaae contalner at 657 West Duarte Road. Recommendation: AdoDt Ordinance No 2211. amendino Sections of Arcadla Municioal Code oertainina to Adult Businesses and addina a new Chaoter to the Ncadia Municioal Code certalnino m Licensina of Adutt Businesses Recommendadon: Adopt Ordinance No. 2212. amendina Section 3907 of the Arcadla Muni[loal Code concernina false securitv Recommendation: Adopt Gty Attorney Deitsdi read revisions to Item No. I., Resolution No. 6494. Adding Section 3. [o read as follows: "All evidence and testlmony presented at lfie public hearing before the Gty Council". Motion It was moved by Coun61/Agency Member Segal, se[onded by Counal/Agency Member Marshall, and carried on roll rall w[e to adapt the Ar[adia Redevelopment Agency and Gty Coundl Consent Calendars item a thru h and j Nru k, Including Item i as revised. Rall fall AYES: Council/Agency Members Segal, Marshall, Chandler, Kovatic and Wuo NOES: None. 3. C3TY MANAGER a. ReOOrt, dlscussion and direction regarding "financing optlons for Goldline grade separation at Santa AniU Avenue." Recommendation: Provide direction. Bill Kelly, Ctty Manager, Tracey Hause, Administratlve Services DlreUOr and Phil Wray, City Engineer, provided an update to the Ciry Countll regarding a varlety af flnancing options for the Goldline Grade Separatlon at Santa Anita Avenue. The fnancing optlons presented and discussed induded: 1) General Obligatlon Bonds, 2) Assessment District Bonds, and 3) Community Facilitles Distric[ Bonds. Staff also revlewed a Pawer Poin[ presentaUon and a Vafflc Model based an traffic volumes proJected on the Santa Anita Corridor up to the year 2030. Staff estlmated Ne toml cost of tlie grade separadon proje~ to be behveen $12 to;13 million. Nrrently the City has set aside approzimately $5 million In t2nsportation related (unding in Propositlon A and C reserves. As a result, the Ciry needs [o consider approwmately $B milllon in debt issuance prxeeds to fund ihis project. lames Sahlen, the City's flnandal consultant, explained In deUll the General Obligation Bonds and Assessment DlsUict Bonds electlon process and the cos[ to the Ciry. A two-thirds (2/3) ma)ority vote would be required far approval of Ne General Obligatlon Bond. The property tax would be added to Ne pro0erty tax rolls of all homeowners and commercial properly awners within [he City. Motion It was moved by CounUl/Agency Member Se9al, seconded by Coundl/Agency Member Marshall and carried on roll call vote to offer to the wters on the April 11, 2006 Election ballot, a General 061igation 8ond. Roll Call AYES: Council/Agency Members Segal, Marshall, Chandler, Kovacic, and Wuo NOES: None. AD]OURNMENT The City Coun[il adjoumed this meetlng in memory of Donald L. Butler [o November 16, 2005, 7:00 p.m., for a Speclal Meeting in the City Council Chamber. James H. Barrows. Clty Glerk ~~~~ BY: Vida Tolman Chief Depury Gry Clerk/Records Manager 5 71-15-05 `~ ~v • ~~Pyu.,e~y~q ~d U~ y .i:wm~ivof °°am~a~rY ~t~°~`` S TAFF REP ORT Development Services Department November 15, 2005 TO: Arcadia City Council FROM: Don Penman, Assistant City Manager/Development Services Director~ By: Donna Butler, Community Development Administrator~ SUBJECT: Consideration of Text Amendment 2005-04 - Proposed Text Amendment related design quidelines Recommendation: Introduce Ordinance No. 2213, an Ordinance of the • City Council of the City of Arcadia, California, amending certain sections of Article IX, Chapter 2, Part 9, Division 5 of the Arcadia Municipal Code relating to Architectural Design Review SUMMARY n LJ Text amendment T.A. 2005-004 was initiated by the Development Services DepaRment, at the direction of the City Council, to add regulations to the Arcadia Municipal Code requiring design review for single-family residential uses and also adopting related design guidelines. The Planning Commission at its September 13, 2005 meeting voted 5-0 to recommend approval to the City Council of the proposed single-family design guidelines. The Development Services Department is recommending approval of this text amendment as set forth in Ordinance No. 2213. BACKGROUND Approximately a year ago the City Council directed staff to proceed with preparation of design guidelines for single-family dwellings. T.A 2005-004 November 15, 2005 Page 1 ~ LJ On August 10, 2004 a study session was held before the Planning Commission to discuss single-family architectural design review. Draft guidelines in a text form were presented to the Commission. Based on recommendations at the stLdy session, staff prepared 'some options regarding the design process for the Commission's consideration at their September 14 meeting. The Planning Commission discussion regarding design review focused on four primary issues: 1. Should the City adopt design review guidelines for single family residential areas; 2. The text of the draft guidelines; 3. What should be subject to design review; and 4. The p[ocedures for design review, i.e., Development Services Department staff vs. a formal design review committee. After consid'erable discussion, the Commission at its September 14, .2004 meeting recommended that the following recommendations be forwarded to the City Council for consideration: " 1. It was the consensus of the Commission' that the City should proceed with design • review for single-famify dwellings based on the recommended changes. 2. The Commission noted that because the majority of the City does not have a homogenous style the guidelines should be worded to avoid recommendations that specifically state that the architectural design of structures should be visually harmonious with the surrounding development and emphasize that the "materials and colors and scale" should be harmonious. 3. The Commission voted to recommend that items requiring building permits should be subject to architectural design review. 4. It was the consensus of the Planning Commission that, if adopted, design review for single-family dwellings should be conducted by the Development Services Department staff for all new projects and additions and/or exterior alterations requiring building permits. On November 2, 2004, the City Council, after considering the recommendations of the Planning Commission, directed staff to finalize the guidelines and proceed with the appropriate text amendment. • T.A 2005-004 November 15, 2005 Page 2 • Text Amendment TA 05-04 including recommended Municipal Code changes as well as specific design guidelines in a handout format was forwarded to the Planning Commission on July 12, 2005. The Commission at this meeting continued its consideration of the text amendment to September 13, 2005 in order to allow staff an opportunity to meet with representatives from the Arcadia Association of Realtors, builders, architects and representatives from each of the homeowner associations to discuss the proposed single-family design guidelines. A meeting was held on August 18, 2005. Invitations were sent to 32 persons representing the above groups and approximately ten persons attended the meeting most of who primarily represented the real estate industry. The purpose of the meeting was to receive input and recommendations regarding the proposed single-family design review regulations. There was one architect in attendance, Twen Ma, as well as Beth Costanza, Executive Director from the Chamber of Commerce. Most of the comments related to the impacts .of design review on real estate transactions and escrow closings. The reaitors expressed concern with the real estate disclosure laws and how the single-family design review would be handled in relationship to escrow closings. The representatives from the Board did not submit any specific comments relating to the specific process or the guidelines. Some of the general comments from the realtors • were that it was difficult to determine what was subject to architectural design review and the guidelines were too vague and confusing and should be either rewritten or not adopted. On October 24, 2005, the Arcadia Association of Realtors submitted written comments (attached with City response - Exhibits 6 and 7) relating to their concerns and recommendations regarding the proposed design review regulations. Beth Costanza felt that the guidelines were a step in the right direction and she would also favor adoption of a floor area ratio (FAR) to further address the issue of mass and scale. Twen Ma, the architect in attendance, supported single-family design review and felt the guidelines will assist architects and homeowners in designing new homes and additions. He did not think the process was cumbersome. On September 13, 2005, the Planning Commission voted 5 to 0 to forward the guidelines as proposed to the City Council for consideration. It should also be noted that at this meeting the Arcadia Association of Realtors asked for additional time to review the guidelines but the Commission did not concur. • T.A 2005-004 November 15, 2005 Page 3 DISCUSSION • Desian Guidelines Design guidelines are a tool to effectively communicate to a homeowner/builder "a clearer understanding of acceptable design solutioris"~. In ad'dition, they establish standards fornew homes and additions to existing homesthat address mass, scale and other design features to encourage compatibility with surrounding development. The guidelines as drafted would apply to new dwellings, additions and exterior alterations to existing dwellings. The Draft Design Guidelines set forth in Exhibit 1 use text, photos and illustrations to assist property owners, builders and architects/designers in their design. It is anticipated.that the guidelines will be used for the following: 1. As a tool to effectively communicate to a homeowner/builder "a clearer understanding of acceptable design solutions". 2. To establish standards for new homes and additions to existing homes, that address mass, scale and other design' features to encourage compatibility with surrounding development. ~ • 3. To ensure the architectural integrity of a dwelling. 4. To encourage design that is sensitive to both the site and the neighborhood. 5. To encourage improvements that respect or improve neighborhood character. 6. To encourage excellence in architectural design to enhance the visual environment of the city, preserve and protect property values and the character of the community. 7. To promote quality designs that have been carefully considered and that have well integrated features rather than tacked-on details. In the homeowner association areas (HOA), the responsibility for design review will remain with the HOA's. However, the guidelines may be used to assist the associations in their design review process. None of the City's proposed guidelines are in conflict with the HOA guidelines. '"Residential Design Guidelines" for the City of Redondo Beach T.A 2005-004 • November 15, 2005 Page 4 • The Guidelines will be adopted by Resolution allowing for easy modification and changes as necessary. Proposed Chanqes to the Arcadia Municiaal Code The "enabling legislation" to provide for design review of single-family dwellings" will be set forth in Section 9295 et seq. of the Arcadia Municipal Code. The proposed changes are set forth in Exhibit 2 and include: 1. The addition of single-family to the design guidelines includes wording relating to the purpose of single-family guidelines. 2. Wording excluding areas within designated HOA areas from the requirements of the design guidelines. 3. Establish design review procedures for single-family residential inciuding an Administrative Review process for the following: a. Roofing material; b. window/door change outs/replacements; c. fences/walls within the front yard area d. e~erior siding . e. other types of exterior alterations as deemed appropriate by the Development Services Director or designee. Generally this review process would be conducted at the counter at the time a person comes in for permits for the above-types of activities. 4. Provide for a"Regular Review" process that requires review by the Development Services Director or his/her designee. The regular review process requires submittal of an application for design review accompanied by the appropriate plans and fee. The Development Services Department staff would review the plans. This is the same process used for multiple-family and commercial/industrial design review. If an agreement cannot be reached between the applicant and the staff, the applicant may appeal the staff's decision to the Planning Commission and then to the City Council. In addition, the Development Services Department has two architectural firms that currently assist in the multiple family and commercial/ industrial design reviews that could help, when necessary, with single-family design review. • T.A 2005-004 November 15, 2005 Page 5 Staffinq/Review Process Timeframe : During fiscal years 2002-03 and 2003-04 which we have complete records for, the following single-family construction activity has taken place: Tvpes of Construction PY 2003- 2004 HOA Areas 4 iMetlU~r~its=~ ~tA~4~~ FY 2002- 2003 HOA Areas ~Net~Unifs~4~ ~~I12~3'q~,`~ New Dwellin s 60 6 ~1 !~r i?~~= _;; 86 4 82¢, * ir:~>~ Remodels 337 102 ~35~'t4'n~~ n'~~ 312 93 ~~9 .",;2~ ti'~'~~ Total Units 397 108 'f,a!''~~~y,..;ti 398 97 ~~' `~„~:';, ;+ Total Net Units outside HOA area °~,,.~~ ~ ~89~~ , ' ~ ;,a :~ 3D1 ~'• '`a ; These numbers do not reflect over the counter review of eicterior changes such as windows, exterior wall treatment, etc. Based on the single-family building activity for the twelve-month period for 2003-2004, there couid be an average of five (5) single-family design review applications submitted each week for projects not within a homeowners' association areas. This is in addition to the multiple-family and commercial/industrial projects currently subject to design review. Although it is difficult to estimate the amount of staff time that will be required to manage • the single-family design review program, the Development Services Department has determined that one new full time planner position would be necessary in order to maintain the same level of service currently provided in the Community Development Division and to assist in the processing of.an additional 260+ design review applications during the year. The Department would recruit for a planner with architectural design skills and experience. The overall cost for this position would be approximately $80,000 including salary and benefits and a one-time cost of approximately $6,000 for office furniture and a computer system. Staff would anticipate that a normal review process would probably add one month to the overall entitlement process, though this could be less for simple additions and longer should there be disagreement between staff and homeowners/developers. In addition to Planning staff time, more time will be required from Building Services. Currently projects within the homeowner association, areas require more time from the Building Inspector, because the inspector must insure that plans are being built in strict compliance with the Homeowner Association approved plans. In areas not within a homeowner association area, minor exterior changes that do not affect any planning issues are often approved in the field. Any exterior alterations/changes will now result in a stop work order until such time as the changes are approved by Planning Services. T.A 2005-004 • November 15, 2005 Page 6 • Fees The Development Senrices Department will also be recommending application fees for full cost recovery based on a cost allocation analysis. Separate fees would be proposed based on the type of activity, i.e., new dwelling/rebuild versus an atldition or aiteration to an existing dwelling. A"cost detail analysis" will be prepared to determine the cost for processing design review. It is likely the fees wiil be in the range of $30~ to $400 per application. All fees must be approved by resolution of the City Council. Miscellaneous Information Notice of the Council's public hearing on this text amendment was provided as follows: . Legal Notice published in the Arcadia Weekly on October 24, 2005 . Posted in both the October and November editions of the City's "Hot SheeY' . Noticed in an article i~ the October 2005 Arcadia Newsletter (which is distributed to all properties within the City) . Posted on the City's website . Sent to all the subscribers of the Arcadia Mail. • A press release was sent out on October 31, 2005 from the City Manager's office. . Also, the Design Guidelines have been made available on the City's web site. In a survey of 18 surrounding cities, nine (9) cities currently have single-family architectural design review and two (2) cities are in the process of adopting guidelines and seven (7) cities do not have architectural design review (see Exhibit 4). On October 24, 2005, the Arcadia Association of Realtors submitted written comments relating to their concerns and recommendations regarding the proposed design review regulations. Exhibit 6 includes a copy of the Realtors letter and comments on the design guidelines and Exhibit 7 is the City's responses to their comments and suggestions. The Development Services Department has received the attached letters included in Exhibit 5 both in favor of and in opposition to the proposed single-family design guidelines: Planninq Commission Comments On July 12, 2005 the Planning Commission held a public hearing to consider this text amendment. After receiving public testimony, the Commission continued the public hearing to September 13, 2005 to allow the Development Services Department an ;• T.A 2005-004 November 15, 2005 Page 7 opportunity to meet directly with realtors, developers, architects and contractors and . receive their input on the proposed design guidelines. As noted in the "Background" section of this report, staff met with interested persons on August 18 to receive ihput on the design guidelines. The Planning Commission at its'September 13 meeting after testimony from the public, including the Arcadia Association of Realtors voted 5-0 to recommend approval of the guidelines as proposed with the following comments. . There is a need for architectural design review for the entire city to provide consistency and it was felt that the guidelines were very well thought out and noted that these are only guidelines and not codes. . In response to concerns expressed by the Arcadia Association of Realtors, they were nof convinced that having architectural design review would cause any problems with escrows considering that there are many other cities that have design review. Copies of the July 12 and September 13 Planning Commission minures are included in Exhibit 8. ENVIRONMENTAL ANALYSIS • The proposed text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA). There is no possibility that the text amendment, by itself, will have a significant effect on.the environment under Section 15061(b)(3) of the CEQA Guidelines, and this text amendment does not constitute a"projecY' under Section 15378(b)(2) of the CEQA Guidelines. RECOMMENDAT{ON The City Council should: 1. Approve 'fext Amendment T.A. 2005-04 and Introduce Ordinance No. 2213 an Ordinance of the City -Council of the City of Arcadia, Califomia, amending certain sections of Article IX, Chapter 2, Part 9, Division 5 of the Arcadia Municipal Code relating to Architectural Design Review (Exhibit 3); 2. Direct stafF to prepare a resolution adopting the Single Family Design Guidelines; T.A 2005-004 . November 15, 2005 Page 8 • 3. Direct staff to schedule a public hearing for consideration of adopting proposed fees for processing applications for single-family design review; 4. Authorize the Assistant City ManagerlDevelopment Services Director to begin recruitment of an associate planner for the Community Development Division; and 5. Appropriate from the unreserved general fund $46,000 to the Development Services DepartmenUCommunity Development Division 2005-06 budget for compensation and benefits for an associate planner position for the remaining six months of fiscal year 2005-06. (This amount also i~cludes the one-time costs of approximately $6,000 for office furniture and a computer.) Approved: ~""""_~ William R. Kelly, City Manager Attachments: Exhibit 1- Draft Design Guidelines Exhibit 2- Proposed changes to Section 9295 Exhibit 3 - Ordinance 2213 ~ Exhibit 4- Survey of Cities Exhibit 5- Letters from the public addressing the design guidelines Exhibit 6- Letter from the Arcadia Association of Realtors Exhibit 7- City responses to the Realtors comments Exhibit 8- Planning Commission Minutes Exhibit 9 - Categorical Exemption ~ T.A 2005-004 November 15, 2005 Page 9 ~ ~ ~ ~ ~ • M V V lA O l~ O~ ~ M 7 ~ O O ~ N N N N N C ~ : ~ : ~'^a ~ m b T U : N ~ : ~ : i.N. ~ ~ : O : ~ ' y;. ~ U` O G1r ~ ? : : ~ ~ `•~ `O ` oq : : en : U ~ oy3 ^ a~ T : W ~°~ c°~i C ~ ~' 3 ;~ Q ~ i a i .Q : y ~ ~ a~ a i ~b ~ o ~ ~ ~ ~ ~ . ~ ~ ~ . ~~ ~ o ~ ~ ~i ~ c. ~ m .o ~ ~ ~ ~ o ~ ~ ~ ~ ~ , ~ o'~ , o c . a i ¢a~=w ;c v~w~~wfa~0 .~" c~v~A ~ a~' Q 01 U Ca C7 d W C) A[=i rs.~ CJ ',~ Q 4 W CJ ~' .: •- ~ ~, ~ N ~; 0 .y .~ u ~ Ca ~ • ~ m e d ~ s U ~ co ci Q ~ • ~ d '~ .y v ~ ~ \ .~ ~ ~ ~ ~o r ~ • 1 ~ ~l ~ ~ O ~ .ti ~ ~ ~ ~MY ~ ~ o ' • ~, ,~ 3 p ro o > ,a w a~ N .~ F- p • ~ ~~ o ~~ 0 3+. ° v°' + .G ~ ~ ~ ~ .~ a ' ,°c o ~ N . $ o .°~ c ~ ~, R b ~a ¢ ~ ° ~ c °' ro ~ ~' ~~~, .o ~'O ~ ^ L Y~y ~ c a, ~ N ~ N a~ f„'~ . ~ ~., vi o~ ro ~ ca 7 CL ~ a i ~y ~ 'd a~ T7 4" ~~ ~ k~ r~i~ 'b L in ~ cC ~ y. w y b ~/l . 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A ~ ~ G Q r~i~ :~ ~ O ~ ~ ~, ~ °' b ~n U ~ ro ~ en ~ ~ ,~ 3 ~ 3 '~ C''-. O u~ o '~ U ~ y bA.~p .~ ~ ~ ti ~ O 'O Ha'° ~~ •3 0 ~ b Q Q ~ v w U ~ U ~ a+ ~ ~ x ~,, ~ 8 .o ... ~ ~ ~ m ~ Y ~ ~ r,Nj U ~ U~ p ~ ~ U O pp O ~'a ~ b ~ .^3 U U b ~ v ~ ~ N b N ~ U ~ ~ Y ~ 00 ,~ ~ Y ~ U ~ b O s ~ ~3 ~ ~ N ~' bq ~ N t~+ ~ c0 T N ~ O y w ~ 3 C ~ ~ O ~ ~ ~ ,~ ~ U '~, , U 4. ro ~ ti U O,•~, w ~ ,y O V N y ~ ~' V ~ 3 ~ ~ ~ .~ ~ T ~ ~ Q p O ~ ~ ~ U ~' O b U ~bq,~ ~ ~ Y p L" U b ~ •~ ~ ~ O y'~'b ~ ~~ o ~~'c .-= 'O w -~°opd ce b ~ ~i ~~ ~ ~ ~ o a`~i ~ .~.~ w ~ ~ ~ ~ ~ U ~n y ,~ O ~ cC ~ (~ Y ~. ~n f-i .C ~ ~ W .~ /N''~ I~ N O ,~ ~ p ~ y ~ ~ b ~ Cd CC ~O ti mc°: p V ~ .~+ cro ~ C 7~ ,y vi ~ O ~ ~ ~ ~ i. w j ~ ' ro i vi > a C cC C ~ ~ W ~ ~' ~ , cy d •d V ~ N c '~ G ~ N ~ Y O ,__, s~, ~ ~ Cd ~O > 'C ~ Y ~ ro3~•~ o ~ ~b ~~ ~ .N ~ ~ ro ° ~ ~ ~ ~ x eqro ~ ~ Y C LL ~ ~ O y ~ ca• oy~ ~ N b ~ ~ ~o . E~ 5n ~ ~ 7 ~ U ~ ~ '~ .° ~o .ti ~ a. Q ~ ~ ~ H ~ ~ ~ ~ ~ : C~J .~ ~ .~b ~ Q w ~ ^~ ~1 LJ 5 m e m '~ .~ Ci e ~ .y ~ Q C i~ ~ .y N ~ ~ ~ ^ ~ d b(1 C y • ~ ~ ~~ > U N ~ Do ~ ~ ~ ~ ~~ ~ £ i' ~ '4 0 ~ ~ m ~ ~ ~ z ~ ~ o > ~ 'a '~ ~i n ~ ~ `1 '~ ° ~S o ~ w ~ ~ tl ~ C ~ ~ C ~ y ~ y~ 0 ~ ~ ~ ~ ~ .~. ~ ~ F. i ~ 'ct > ~ ° C ~ ~ ~ ~ ~ O O ~ i ~ ~ '~3 ~ .N ~ y ti C o .~ U ~. ~ ~ ~ O ~ y ~ ~ ti ] ^' ? U fi v 'y ~ ~ U ~ y ~ ~0 ? ~i .~ •~ 0 5 ~ ~ F c~~i ?ti o~ -°o ~ o : o~n Q ~ e ~ ~ ~ ga' O C~ ~ ~ .O ti ~ N ~ y Cl. e ~ a ~ m ~ y ° ' ° c 'm °' ~ Ts Q y ~ ~ ~sc w E ~ ~ ~' o ~ ~ °~ c °' c Q ~~~ ~ •_ ci e~ 00 0 ,°a °' ° 3 ' h ' ~ ~ c o ~ o y ~° U ,C w y ? ~ ~ ~~ C y ~~ N .~ ~ ~ f' Cj r > N A ~ T y C ~. ~ ~ '~ ~ d • ~ ~ O p ~~ N '~ y ^~ N O « ~~ O ~+'y y O N ti ~ ~ ~ ~ ~ O ~: ~ S ~ ~ ,yy '~O ~` ~5 .~ 'CS m ~ a ~ ~ ~ ,~ > .~ ~ ~ -o m s °c Q .O W U • d ~ N '~ .~ V G ~ .y y Q ~ C ~ y '~ y N ti' ~ ~ .~ ~ ~ ~ ~ C ~ • .D [," .~„ L N } c7 N pp 'O ..~. ~ O C ~ y ~ ~ O u~ .~ y ~ U ~.c'~ y ~ .o N ~ ~ ~ U ~ O '~ ~ ~ ~ ~ ~ ~ ~ ~ b ~ ~ ~ ti ~ N ~ ~ ~ ~C Y v '~ ~ ." ~~ ~~ ti y 3 . ~ ~.~ '~" Y y ~~. U ¢ ~ ~ ~ O O ' Y w P .~p~ ... y ~~ C O G rn ~ r~, ~ C~i ~ 'C N V~. > ~ c~ M ~ ~ ~0 q ~ d a ~'p` J ~ .~ V 'tj q~ ~ a ~ ~ y C y j a b ~ ~ ~ a V y ~ L y ~ y Z O O " ~ ~ O O y O N? }` y O y ~ ~ .o ~ ~ o ~ ~ ~ ~ ~ O ? ~ O C C ~ y~, p~j . ~ L j ~ ~ ~ ~ ~ vi , ~ ' ~ ~ 4~. ~ N ~ ~ ~ p p 'C 3 '. N ' ~ U ~ w ~ ~ c, N c o V ~ b r /. ,~ ~ OA ~n •~ Y ~ ~ ~ T ~ V ~ ~+ O 7) w y '° ~d ~' ~p a i 50 O c~d ~ ~"' O ~ ~ N y y w o tpv p ~ y ~ ~ ~ '~ ~ ~" r~ ~I„i ~ ~ '~' 'C ' O C ~ O 'C y,tl c C ~ O .~ ~ F c e ° c a U ~o a ~ R~ ~ ~ ~~ 4r G"'" O > C O C ~i ~+ s" ~ O 9 c~' ~ ~ ~ ~ ~ N ~ ~O ~ ~ p 0 y p a U q b ~ ~ c~ C~ p .., 3 °J `~ ro 'adi b ~ ~ ~ .C ~'p N 'S.; ,T N .~" b9 W ~ ~ ~ .~ ~ ~ C C G ~ c~ ca v ~a p b ~ ~ ~ N U~J ~n-+ p~q'b C W ty C cd ~d t6 .~. y ¢' ~ `~ O b9 0 ~ v ww; ~ o:b ~ ° a, ~ ro o ~w °'w ~" ^ O 'F O ~ •~ O y O 3 a ~ ~ ~ O 'n "" ~ ~ W ~ ~ w ~ A ~ ^ ~ ~w'y.~ ~ b ,~ ~ ~ C~ ~ ~ O ~ ~. c~a+d ~ ~ .~ ; V ~ ~ 0.l O ~ m ~ ~ ~L ~ ~ +.. 01 ~ ;~ ,r O ~ ~ p O 4 O ~ O O e ~ i' Q 'v o~i C ~ O y s ~ Er o ~' ~ o ~ ~ ~ U a O ~ v1 M O ~ ~ ~ ~ ~ 3 p" ~ .~ ~ ~ .~ N Q w ~ ~ y d C N ~ ~ CJ ~ CQ .y ^d V ~ ~~ N ~ .y m C ti .~ ~ ~L d ~D ~ ~ C_ ~ ~ ~i ~ ~ ~ ~ ~ ~ Vi Vi ~~ V ,~' „~', • ~ W ~ ~3 a ~ i o. ~ ~ ~a ~,~ `° ~• p y 'O . ~ ~ O O ~ ~ ~ ~ ~ s" ~ ~ T ~ ~ ~ cd 'O a) p '~ ~ C F ~~~ cJ O ~ cC '4-+-' ~ ~ ~ ~ ro ca > U ~ rn ~ . s. ~a b17 s + +~-' U y. n N '~ y ~ b ~ r V ~ ~ N NO ' C U ~~' ctl ~ i~.~ Y~ ~ p~ ~ ~ U O'y O p ~ 3 ~ fn U ~ 7 b ~ ~ y K ~ ~ ~ ,SI ~ Y y rA ~~ ~~~'.'~ ~" s: ~ N i~-~ ~ O bA .5~,' ro T'L' U b~-0'~ (~ A ~ ~ 0 "~" O O CC 'O y p «' ~ U ~ ~ ~ ~ ~~„ 'C ~ '~ ~ 'O " N F. ~ y m N ' '~ N~ v~ 7 cC O w s.. ~ 7, L„ ~ c7 ~ ~ ' U ~ ~' o ~ U ti..i o ~ cC a O y y, ~0 n ,~ ~j C ~ ~ a i a i ~. ' i ¢ ~' ro ~ti" 3 q ~" D ai ~' " G ~e ~ ~ ~ vi N ~c ~ ~ ~.~, " ' ~a ~ w, p .o O ' Q ~ ~ o ~ U ~, a~i ° ~ -o w ~ b ~c o ~ ~o 3 ~o ~o C a J C~ 'd ~ m c~d ~ ~ ~ ~ ~ ~ ~ ~ ~ b ~ ro ~' b ~ ro ~ ~ ~ ~ ~ o b ~ ~ `d -o ~ =' o ro ~ ,~ ~ ~ ~ ~ ~, m a ~ ~ ~o a ~ cc a~ w ~ .~ ~C w ~ m c~ o u ~ . ~ ~ i y ~ .~• ~ '' , ~ ~ c ~ ~ ~ a~ ~ ~ ~, ~ o ~, ~ `° " ~ w'~ 3 f~ ~n a~ 3 ca ~~ a a U v m C7 ~--~ N M d' h ro ~ ~ w .'~ ~ ~ O ''~' o . a~ m ~ ~ ~ ~ ~ b ~ ~ ~ ~ y ~ ~ N 3 A ~ ~ ro ~ ~ b ~ cu ~ ~ U ~ ~ "~C' ~ O , V F U ~ ~ •O ~ t. '~ y Q h ~ •; ~ ~ O ~ ~ ~ p r~, ~ ~ ~ o ~" `~ ~.. c~tl ~ cd U O ~ ~ , n b ~b .N ~ ~ ~ ~ ~ ~ a o ... ~ 't7 ~' ~+ U ,~ ^ C ~ b9 q N y ~ .fl ai ~+ w ~ b ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ C/] ..~i U t~ii ~ tn v~i ~ ~a o~ ~~ ~ ~ ~ 3a ~ .~ ~ ~ ~ .N ~ Q w ~ ~ 4 O ~ ^^ W ~ [y 5. ~ ~ ~n O ,~ ~ ~ N "p ~ Oj ~ ~ U O '~ ~ ~y ~ ~ .a ~o~.' 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O " O ~ 3 Pr 3~a~~i~ ~~~N ~~~ ~ ~~ .~ ~•o`'" 3 ~ o va °.c a~ ~ ~, o a~i o ~ ^ ~ ~ ~ ~'~ a,^ ~ ~.~ N ~ ~ ~ ~ ^ 0 o ro ~•ty m ro.~,~, 3 ro y c'~y a~'i C~ ' ~~ p rn v~ O CJ ~'~C O ,~ ~ .O 'O V ~ .~ 'Ci p ~ ~' 'O ~ N s. 3."' ro o~ vi .~ a~i a, ~ ~ `~ ~== Q ~ p.~ ~~ N o o c' 'ro o}. ~ j•~ ~ c~ ~ .~, .~ ~ v~ m+-' 'O I.~. y U~ ~ ctl i ~ ~~o ~ 3-0.~ ~ ,~.~~ °~F „" ca'n ~ ~`""~" v°~3~ o o5,'d~.~ ~ "' N 'O ~ ~ ~-' ~ ~ 'O ~ y U .C~ ,L'~" ,,~„ 'C ~ ~ ~ ~ ~3 ~ ~N ~ ~ ~ ~ y ,b O y O ~ '..~~ ~ ~ dj iC .~C O ~' ~ c~tl ~ '-~. 'f"~' c~ O ~" ~~ aw a ~~~ ~~ ~ y.ro b~~ a ~ .~. • ca 0' cC °' ~k '~' ~ ~ °' •a '~ 3 •3 T'y ou c~~i a b p ~ a~ r 5'n.~o~ ,~~~a~ a;=c~ ~~ ~a3ro d :° ~ '° .~~'.. ~:~? 'nh ~ 5, a ~ a~i ^ o Q., ~, ~ ~ ~ ro ~ n, „ m a~, x ~•.. '" 4. .~ o- ~, x ~~ Q a a ~~o x... ,. ~ O^ p a ~ O a~ w c 3 > V ai ~.: eA W c~ .o e Da ri .y ~ Q ti ~ . ~ b y ~ ~ I ~ I ,r ~ ^d, ~ F bC ~ b N O O 'O ~ T'O ~ iy .~ '~ ,~ I ~~+~ ctl OU c3 N w O O s" .Q 'O .' N ~d ~ n I ~~' a~i o ie s~'. ao ~ F ~ r'~n b~~ o.« ~ y w ~ ` ~ CC .tr 'O A Y^ ~ ~ ~ •.~-~ f-i ~ Y ~ ~~A .f+ •~ [~ id y O T~.U. N b bp ~'O iri ~+ ~ p ,0 S~-~' 'O v~ IV-~ N .,C. ~ ~ ~ ~ ' f.~' ~p ... .-r f,+ ~ ~ Uy. y s-i N ~ pQ ,d C O'~ y ~n ~~ N~ ~ y ~ c6 ~ 0~ y N ~ ~ O ~U p ~ ~.~ a~ 'O v~ +' ~ ,~ ~ s, '9 ~ ~ ~ a7 U ~.. . s. ~ W cd y t.. N~'O A ~ ~ N~ L: cC c0 t3 O p N O.~ U'. ..V+ ~ c`~tl a~ ,~ ~, ~o ~^ 3 ~ ou ~ o ~ 3 ro ' ~ ~ ~ ~ ~a ~ ~. c •~ ' ~° ~ ~ `~ ~ .~ ~ a~ y .b ~ x ~ ti 3 a ~ ,c .= ,o o ~ ~ ~ ~ '~' ~ o ^ ~ N ° ..~"~. o ~ ~ v° ~ ~ ~ 3 0 `~' ~ a~ m ;s ro ,,, C . .~ ~ s. ~ ~ ' ,ou ~ 'n x c,-- ~ '° ~ 3 ~ y ~ .~ .~ o o a ~o ~° ~ ,n ° ~ ~ ~ v ti.cd, ~ Y ro ro o°~n ~q ~ 3 ~ '" ~ ~ ~ ~ o ~ ,~' ~ ,~ ~, ~D ~ ~ ~ N ~; ~c ~ ~ a~ ro ~ p a •~ ~. > y~ p N~O F. y ~ ~ ~~ ~'~ L' s. .d ..~ w U U O ¢' ~ '0 ~ ,d O ' C on ca 7 , ~ h ''~' y > ~ ~ o ~ .p ,~ • ~ `~° ~ ,ti u~~i ~ ~ ~ ~ b .y ° ~ ~~" c~a ~ ~ 3 . ~ ~ .~ ,~ ~ ~v~i n~, o m ,~ .~ ^ ~ ~ ~ o ~ ~ o v N ~ ~ ~ ^? a~i 3 ,t v, ~ ~ ~ ~ 'o ~ ~ ° ~ o ro %~ • ~ y ~ 3 0 ° 3 A ~~.. v `~ 3 0 ° '~ ~n C G-I (y~ VJ Lq Y •y ~ ~ .-~~. c°~ . ~ ,o o ~ c m c~~i ~ c o ~ °~~' ~o E " a >, ^ 3 ~ ~ ~ • ("k ... ~o.. o' ~ a .o ~, ~oTa~ 3~ r~y°_' y y ro~ 3~ a~•~ ~~ ~ w~. d' ~a ~ a ~. ~ ~ :P, °~' ~ ,t -°o .^ ~ '= ° ¢'~ : 3 ~ a ci ~o U ~ '-' U ~ „ '3 'G LL ¢~' ~a~i m v~ ~ 3 s~. ~v° m~ ~i r1 LJ N e d '~ ~ ~ C t~0 ~ Q . ~ ~ ~ ~ C ~ .~ ~ ~L ~ ~0 ~ ~ ~ V ~ S ~ ~ `~ ~ ~ ' d n ~ ^O o ? . ~ C ~ " d ~ e '~ o ~ .° ~ ~ s ~ U ,"~~ ~ ~ ~ ~~i ~ ~ ~ ~ ~ ` O o- ~ ~ ~ ~ i .C ~U S~ Cy ' ~' O ~ ~ Q i b ? ~ .~. C O ~Y ~~ ~ ~ ~ Z tl .d2 U ~ ~ ' ~~.. `'S ~ ~` . ,. C 1 ~ U ~ ~ O ~ ~ y + . „ ~ -~ ~ ~ ys r O ~ N O T3 oJ ~ , ~ y CI ' ~ ~ ~ y ,~,~ N ~ ' O ~ ~ ;C3 ?, : O O ^ 2 "~ CS C ~ p j y ~ 0. '~ y ~ ~ ~ s o 4 a ~ o y eo , m o ~ c~ ~ ~ ~ a ."~ r~ CS $ ~ o . U c~ c~~i y ~. O .,' 3 •.. ~ m~ 4 0, '%' Ts 0. ~ ^ 2 y~ V y ~ ~ o 6 ,~ m t ^ ~' c ~l y ~ ) p 0. 3 ~ ~ " ~ ~ r °~ r ci o i ~ V ^~ i p ti o i ~ y O O. C i y y ~ O V L' •ti O tl ~ CS ~ 0~ ~ ~ `~ C a' ~ O ~'C ~ ~ ~, V ~ cJ c~ ~ w ' 5 ~ .~. O „ , ~ \ ~ ~ y~ ~ ~'y' N V U ~' i ` ~~ Q .r" ~ ~ h x C' -0 U TS Ci S~ 0-0 Q ~ CO ~ ~ ~~ o~ ~~ ~ ~ ~ 30. ~ .~ ~ ~ ~ .N ~ A ~ ~ C~ y ~ e ~ ~ .~ C~ r ~o .y Q • ~ b .~ a ~ ~ Q ~ ~ ~ C ~ i 0 ~ J ~ ~ i c~ ~ ~ ~~ 0 'e~ o ~ x ~ ~ e ~ ~ O m z ~ ~ F ~ U ~ h' Q U ~O ~ ~ ~ ~ o ~ i ~ ~ ~ ~ ~ ~ ea ~ ~ ~ ~ o '~ ~ o `h .~ ~ C ~ ~ ~ ~ ~ o ~ ~ c .~ y U ~0 .~ u ~n tl ;a ~ y ~ ~ ~ ~ ~ ~V ~O~' y m ~ ~~ ~ m ,~ o ~ ~ 3 ~ ~ ~ ~ ~o O ~ ~ ~ ~ O O '~ ~ n ~ r y ':, c'o ~ ~ o ~ a ~ ~~ ~ ~ Q tl S ~ fi 'CS .o~ , ~ q~ O ~ -0 ~ Q ~ U ~U ~ ~~+ ti ~ ~ ~ ~ ~ ~ ~ ~C` ~ ~ ~ C ~ ~ .y 'C C ~z~ ~ :o 0 ~ ~ ~ ~ C ~ c ~ o ~ ~ ~~ ~ ~ ~ ~~ a ti ,~1 l tl ~ ~ 4~ o- ~ '~ O '~ ~ ~ E o ~ s ~ o ~ O ~ y~ n y ~ ~ ~ ~ V ~ ~ ~ 0 ~ .. ~ .~ d ~ ~o .~ ~ Ca w ~ ~ ~ 04 ~ P. O ~ ~' a~i ~ ~ F, ~O ~ '~ y C~ bp ~ ,.~. • ~ ~ ^fl ~ ~ .y G~ ~ 7 ~ ~ ^~ ~ ~ ~ • s. ~' ~; p ~o •p ~ a~ N ' C i.: ~ ~n v ~., ~' v .~ .-. ro y bA .,~ O O a~J ~`~ 7 O Y N~ m.'~-~,' b A ~~> ~ a; .~, U U~ y.^~~, ~ Ly .~ 3 p~ ~ ~ a~ .. C'rn m~ r. v y a~ O a~ s, ~, ca .~ ~ ,~ ~ y "~ ~ o ~3 ° ,o ~a ~ ~a o o ~0 3 ~ ~ m ^o p a •.r ~ w. ro '> o ~ ~ a~u o ~ ~ ~ ~ ~ ~ ; ~ ~n .,~~, " x° o ~ ~ a .d ~ a~i ~ ° ~ a~ ~~' o. o ~ o pq V, ~ a~ (~ ~' b ~{-~ (d a~ .~ si v w ~ c., m o:o ~ a y.o ;; o$ o 0 4. ~ ~~,~ ~ ~.o a ~ ~ ~ ~ ° ~, • ~ A Y ~ ,~ o °' :~ ~v, :+ 3 ~ ~a w .o ~ `'d ~v, " '~' c c~i • ~ ~ o ~,' p a A ° m °' ~ ~ ~ 4" ~on ~° ~ ~ ~ ^" ~ ~ o c'~i ~ '' a °' ,~ ~ ~ axi ~. ~ N co y , ~ ~ ,~ a~ ~ ~ ~ c ~ ~ 3 a .°F.' o U .o Q ~ (~ fA ~ ~ ~ b Y ~ ~ ~ ~ ¢ Q O w ~ y N ~ ~ y ~ ~ ~ ~ ~ U ~'1 ~ U ~ 3 E `° o ~ E ~ ° ~' o ~ ~ m '~ '~ ~ o ~ ~ •° '~ .~ ~ o ~ r' ? ~ a ~ ~ > ~ ~':: o ~ .~~. °~ .b ~ ~ ,o ~o W o F" :o .~°~. o ~ ~ ~, ~° o ~ .T ~ ~ °> ~ I `{{°yy p"~ ~ o o a" ~+ ~°~~ ~~ N o U ~ a. y° o w° ~~~ U b ~(d GJ O VJ ~. U GJ ~~ W ~'• ~ O F" U ctl ~~ CC 'C L~ Y ~~ L+ y~ O¢I ~ ~-+ ~ y~ b~Q O ~ U N~ y~~ ftl O y~ C~ .~ b ~"~ y F'i fq y ~ p U Cd Lyi ~Y ~~ ~¢ CC N ~ 7J ~~ fl-1 ~ ~ U 0~' •(]y N ~ N ~ o 'b o 3°~~ ~~' C~ o~ y o a~ 3 y~ ca o ,_ :~ r. r., 'O o rn ~. ctl O t~5 fJ ~ ~'" b Sr' ~J O. V 7J 1'+ ~~.. Ctl 'CS y~ C1 iC ~'a+ w h y ~ ~ ~~ ~"i ~ ~ ~ Y ~ N -(~, Ly ~r.~ m ~ (fy '~" P. ~ Cd F^ ~ cC ~y ~ 7 N O X c3 V'~ y~ U y., id y W¢, +7 ~ ~ CL N O O'G~ vi `~ 7~ ~i. b ~ r., ~ : -' ^ O .... ... cd ~ p~~ cd ~ s. ~ c~d A'~U 7 W~ p~ O O v~i p~„ O P^ 7 id V~^~' a ~y p O C~ w.~ 3 p a, p 3 a a~ ou ~ o~ w ~~c ~~a ~o Q ti~.~o ~a ~ ~~° ~ co ~ ~ ~ y N Q I ~ I ~ ~ ~ ~ I ~ I ~ I ~ I ~ I i ~ ,c ~n ~ ~ a~ o ~- ~o m d a~ ,c w ti I ° a3i ,~, ~ ~ ' ~ ~ w° ~ ~ D • p b ° •~ i o a ~a ~ ~a ~u ~ ~ 'b ~ .°3 c 3 ~ i ~ ~ ~ .~ ~ m ~a .o ~ ~~ ~n ... ~. ~ ~, i ~ ~ .J ~ ~ w ~ ' ~ ~ a~ ° ~ °: ~ ~ ~ .~ Y ~ i ~ ~•°' ~ ~ ~ ~ ~ ro ~ 3 N U-~ o '~F I ~ ~ ~ ~ ~ ~ o~ ~ ro e X O. ~' ~~ ~~ y '+=~ ~ y~ w c`~d o a~ ~ ~ N ~ V c~i F. 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C ~ ~ O ~i` ti O i ~ :y a ~ • > o"i 'C' `~U ..y U m i ~ ~ ~ a c~i c~i C y 'r '~ N ~ ~s m ;° ~ ~ ~ ~ y U ~ i ~~ "V ~ ~ ~ pp s i U ~ ~ ~ ~ V Y .~ ~ ~ ~ y ~ 4 ~ y .~ ~~ ~~ ~ O N ~ ~ ~ 3 °" v N ~i o~n .~ Q w ~ ~,~ ~u a~i ~~ B N~~ ~ a~i m s~. ~p o`° V.~ U Y Y Y I.y •V) ~~ U V] fA ~ S 0. ~ • ~ c~.~ A V] ~ a~i A^ y Q 7~ o~'b ~ 3 ~, ~p cd ~ a+ rn 0`~ O~- ~.~ y O Y O~ W 0 ~ .D ~ ~ (~r A F' .-'~~ ~tl '~ "' ~y1 U L~~'+ 'C U fJ ~ ~ ~ d u a7 ~ O. ti~ ~ .~+..N+ ~',~C ~•.~'~i t0 O . ^'+ c~ ''' Y _O N ~ cC O ctl ~ ~ '~ ~ CL ~ ti .t~j 'rn ti O ~ ~ ~ ~ ~ b ~ ~ ~ ~~ v~ ~ ~ a T v; P. ~ ~ N ~ ~ -~ q o ~ ~ i ¢ ~ o ~ y ~' ~ ~~ ro ~ ~ Y N ,., ~ ~ X, p, O G' 'd a) O A~ ~ bA ~ ~ a~ ~ G~ O +~'+ a~ w 3 ~ ~ ¢~ ~ ~ p. '~" p '~' '~ ~ cd a~ U y~ o N ~~ V c~'a v x O cd •.. '~ .,.. F~ Q U T O U c~ ~~'C ,> ~ 'C ~ N p a, '~ y .'" p~"" ~ a ~ , Y' ^ o t r. m a ~ Q ^ a~ A ~ ~ C' ,fl ~ ~' ~ ~ ~ Ly, '" ~ V~ `d ; a ~. 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Q~i .~ Ca ~ ~ ~ ~ ~ ~ .'~.-, ~ ro V .L' id ~" W ^ ,~ ~ '~ ~ ~ c~3 O ~ ~ ~O, O N ~ O F' ,L' ~ O ~ ..i ,b ~ d~ • ~ N U~~ O W cd N ~ ~~ ~O Q~, ~,~ O ~~ C A. ~ -~-~ CO ° ~ U,~~o'~ U ~ ~'o ~ ° ~ro ~~~„ ~ .~ ~~a ~ ° 3a. m r°n ~ ~. ~ ~c ~ ~ ~ .i •~'•~n °_' o .~ y .c ~ ~ ~G i ai •~° '> >, on a ~ ~ on 3 ° ~ Q b 'ti ~, ai ~ >, ~ ~ U ,~ o ~ ~ ~ ~ ~aoo> a~ ~ o~, ~o~ao~" ~ nu E,~ o~n ~ ~o w ... o ~•~ o ~ ~ o" ~a ~ ~° U y v ~ y '" ~ .-, " ~~, y ~~ ~ ~? ~ ~ s°J. a. a~i p, ~ on ~ ~, e~ ~ .°. ~ ° o .., a~ ~ ~ ~ ~ L ' ~ .° ~ ~ (~ ° o ~ ~ T ~ y p, o ~ ,~ ~ V ~ ~ Q E (] ~ b?~~ = a~ ~ e°ia o^~~a °~+"~ ~~ a'~3~i o,°\ a `~ '> 13 ~ VI y~ N ~ y/1 .~i '~ i> ~ S-i ~ Y 0 N ~~+ v.~i Q f~/1 ~ O ~ Ir L...~ /\ VJ ~1-1 f~ ~. ~, ~ a ,w ~ '~n T ~_' ~' o c ~ ¢ ~' : ~ ~ ~v R~ C"i ~ ~~ F' y p Y~'T~' ('.1 tt$ i.~i ~ y U ~ ~ 4 y I. ~ ~ ... y fy ^ W ~- ~' N -. `'' s. rn •~ .D ~ ~ %Ly .'" p >~p`i'~'~~ N •°~'~~~~~>'~'~~ Uo~a~~o p° ° ~ ~ ~ a~ ~ a c~i o ~n ~ " ~ ° o ° ~ ~ U o a ~~a~ros~, o.: ~V a.5~c,,~„~,~ o .o,.c°', ~ " ~ Y ~7 ^ '> Y O Y SS CC ~ T~ Y ~~ •~.. 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'~, >.d > p,~v ~a ~~c_ ~ d g~~.ni,• r~ 3w a~ o~a o 5 a~ o o c ~ ~ ~~v a r. ~. ~. ~, r. ~ a» Q? A p Ll c~7 L c¢ sv.. Gx~ ~o o W ~ 0.1 (~ c~d 'v~~i r~n `w~ :.~.. .Mi .~i .~i .N . .O U 'C Q t~d N • y ~ .~ ~ ~ x ~ ~ ~D .y ~ Q ~ ~ y '~ y a ti .~ ~ G. ~ ~0 ~ ~ r~ L ~ ~ ~ O ~ .~ ^ Q y, ~ ~ O b b ro ~ ~ ~~y •~ .N ~~ ~ ~ ~ ~ A ~ ~ ~ ~ ~ ~ ~ '~ 'G p t-~. t~.- ~ y O ~„ ti y % ~ ~ O U O 'O a~i 'U ~ P. ~ ~ ~ ~ ro a~~~~ d ° o. Q E-~ cC ~.` U CC > O Q 4, 0 0 .~ ~ K W ~ Y N ~ ~ Q ~ ~ r7 U rn 0 V ~ ~ ~ ~ ~ ~ ~ b ~ ~ ~ O N" C , b~A ~ .b ~ ' ~ ..~+ c~d bA y ~ ~ ~ i-o~c c'~ `tl ~ .o 0 0 ~ ~ o ~ .~ y y ~y 3~ ~y ~~' N Zti ~ ~ C. . ~ y~„ ~"' ~ ~ ' Q o ~; ~ o. ,o c, ~ ~' U ~ ro ~° a~ ~ a" o ~ t' ^G ia i0 ~d .~ U >' m'~'' ~ " N Q U Q'~ S~ v, .'~'~' N.~ U.o ~... C.•~ Y ~ O ~+ a> W N cd bA ''~"' v ..~+ ~ ¢ .~r ~ b ~ b ~ ~ ~ A ~ .+ N .b ~ '¢ O ~ ~ ~ 'b y N ~~> w p ~ O ~y ~C T ~ ~ s.~ CA ~,. '~ O"~ o ~ ~ a~i ,~ ro a~i . ~ '«., ° c ~ q >, o ~' ~ .~ T ~ p ~ ~ ~ Q~ y ~ ~ Y ~ ~ ~ Q b ~ Y ~ ~ O .N .~ C4 ~ ~ ~ U ~ b O ~ ~. ~ ~ s. i. O p„~ ~ , ~.~i ~ ~ ~ > Q W O ~ y,~, ¢ .~3~N~ ~ v'~ ~ ~ ~ ~ y ~ •~ b0 O ~ ~ V O U V ~ y ~ ~• d ~ •«~.. p ~ ~ W A ~ N ~ ¢~ Q „~~ ~ in ~ ~ ..~+ ~ p O : .^'S". ..~. ~ ~ ~ (~^~''! ~ Y ~ '/ ~ ~ ~ N Y ~ ~ a o aUi o ~' G > c~C ~ ~ . `~' > q~~c°~ T o 0 H ~° ~ ~ ~ ~ ~ ~ -~ ~ ~ N N N ~ ~ 3-~ F+ ~n ~n ~--~ O ~ ~ ~ '~^ ,y" N bA tC ,~ ^ , ~ O a~ 3 ° O ~ o " ~ Y U o .~ ~ `~ o 0 a i a ,~ °~c c i •~~~^- „ ~c ~ 3 o ~ ~ c° ~ ~ o > ° o ~ ~ > >, a~ ~ , a v, F ~ „ ~ q ~ ~. ~... w° ~ o > ~ ~ o ~ .~ ~ ~ Q ~ N y ~ ~ ~ i ~y Y o h c (/~ ~ (~ b~~ y ~~ V ti `~ ~ 3 G A. p O U ~ N N 7 ^~ c~ ~ U y, v <"" ~: T ~ p T . ~~ ~ ~~ ~d ti y L„ O~ Y ~ V ~ ~ w p~ iC , , p, U P. O ~ ~ U U ~ `~ ^ ~ b0 ir. , 3 N ro p C 'C ~ Ca cG 4J ' c d ~ Y v , U ~ ~ '~ w •~ ~' ~ > O~~ G¢' S, . v' C'" o"l . . °~ `~-' A f . > b 3 'd °J ~ ~ ~ . Q N y s.. T 1 Cy W p~+ ~ ~ a) a i . N ~ r , a i . ~.''~G v, cC b '" .,~. O~'. ctl ~ c0 ~ ~ ca c 3 ~' y 0 ~. v c~ ~ ~ ~ s- . ~ ^ . SA ~ ~ ~ . w ~ ~ T , ~ ^^ ~° > 'O ~ ~ 3 ~ ~,~ y~ ~ ~ U Q- ~ ~ ~ t= ~ ~ b ~ • ~ :o .o. o ~ 0 ~ L i ~ ~ V ~ V~i GO m ^ 3~ N . ~ '~ ,,~-+ ~ CbJ ~ ~ Y O ~ ' ~ ,~ G L~. ~ o ro 3 a°'i > . . +„ aai U~ ~ ~ 3 " y ~ y ''" ti w, n~ ° w ~'o ~ ~'u c°~i q o ~, ~ ~ ~a ~ ~ ~a ,b ~ w. c (~ -~ ~ ^ ~ ~ o m > rn C m G ~'+ ' S'„ P. Y"' N ~ ' ~'~.O O C~, C~ 'b Q..~. ~ ~ i3 ~~ ~ 'rj '-~' O ? ¢,.`~ `~ ~ ~ i.~, id aJ id s[ 5~.. 'fl w C ~ ~ '~ C. ? R. O. O. T ~ 4 w , „ ° v~ Fs~ t~^ a) o k a i . a) 0.1 c~ a"i s c i ~ c'"a ca ~ `` p Z ca ca axi -`~o W , , r~ j <+i V ~ ~ ~ i ~ N tl ~ ~ O ~ , v' 'r N N O C. U ~ ~ ¢ W .. . p ~ «t +r p ~ O ~ Py N m U ~ in ~ •U V ~ •7 Q ~ '~ Y ~ ' ~+ ~ GJ ~ y a~ ~ 3„ a o c U y ~ ~ ^ y ~O ~ ~ • Y U '~ N y v' ~ • b ~ ~ A w o ~ . ~ ~ ~ U ~ q U o ~ w O O bA.~ N ~ ,~-' ~ y y U .fj .b C1 ~ Q u ~ a) cC I ~.~ ~ ~cQ+ ~1 Y ~ ~ O ~ - + ~ ~.., «+ v, ~ W O O ~ A w 'i' `~ 'O Y N ~ ~ ~ ~ R °J ~ ~ ~ i ., , o ~ ~ ~ ~ a .• ~~~a 3 a Cd a~+ c 3 0 w° T .-~ N O ~ .~ ~ ~a ~ ~ O ~ ~ ~b ~ > ~ U ~ N Q ~ / 1 U ~ ~ ~ y '~ .~ ~ ~ no .y N Q • ~ d b .~ N m ~ ~ ~ ~ ~ 0 ~ ~ • ~ ~ ~ ~ ~,~ c~, ~' y 7 ~ ."" y ~ ~ ^~' ~ 'C .p bA 'in m . 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O y ~ N C .T ~ N W ~ O N ~ 0 0 ~ ~ 'D . .' p 0 ~ ~ ~ ~ ~ C en L •~ d ~ 'O ~C. ~ a ~~ ~ 0 ~ ~ N b~A ~ P. ~ .~ 0.' ~A .~ ~ Q w ~ • 5 m ~ ~ ~ a ~ C ~0 .y y Q ti O • ~ b .y ~ ti' ~ ti tl 'Y d Da ~ ~ • ti ~ ~ ~ b .~ OA 3 ~ .~ ~ ~ ~n .N ~ ~ ~ ~ Yr..I M ~ ~ w ~ m cC .~ N .~ U . .' +.+ s+ N~+ G ~ ~y'" «~ m oA ^ U ~ ~ .7' ~ ai ~ a .~ m ~ 0 ~ c, 0 ~ ~ o. ~ ro x ~ ~ ~. ro 3 0 ~ ~C ~ N N 00 ~ R~ • y ~ ~ ~ b .~ ~ r °o ci Q ~ • y ~ .y ,J ~ ~ \ .~ r~, ` ~ W ~ ~ • vi O N .~ ~^i b11 .N N La w ~ 0 M W ~ 0.~ n U i Section 9295 et sea. - Architectural Desiqn Review Guidelines and Process ~ . The following are proposed changes to Sec4ion 9295 et seq. Architectural Design Review Guidelines and Process. The recommended changes and/or additions are in Bold; deletions are indicated by ~gk}. The Single Family Design Guidelines are under separate cover and will be adopted by Resolution. 9295. PURPOSE. The purpose of the Architectural Design Review Guidelines and Process (the "Design Guidelines") is to promote a desired level of quality development in Arcadia that will: Residential A. Contribute to a positive physical image and identity of single-family and multiple-family development. B. Allow diversity of style while promoting the positive design characteristics existing throughout the City. C. Provide guidance for the orderly development of the City and promote high quality development. D. Maintain and protect the property values by encouraging excellence in architectural design that: a. Will enhance the visual environment and character of the community; b. Will preserve and protect property values; c. Is sensitive to both the site and its surroundings; and d. Has been carefully considered with well-integrated features that express a definite architectural style. Commercial/lndustrial A. Contribute to a positive physical image and identity of commercial and industrial development. B. Foster design that is sensitive to both the site and its surroundings. • C. Provide guidance for the orderly development of the City and promote high quality development. Rev. 10/05 Page 1 D. Maintain and protect the value of property. . E. Reinforce the importance of the pedestrian with scale and space. F. Ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development. G. Encourage improvements that respect or improve neighborhood character. H. Ensure that plans for the landscaping of open spaces conform to the requiremenfs set forth in the code, and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites and blend harmoniously with the natural landscape. Ensure that the design and location of signs and their materials and colors are consistent with the character and scale of the buildings to which they are attached or which are located on the same site, and ensure that signs are visually harmonious with surrounding development. J. Encourage excellence and diversity in architectural design to enhance the visual environment of the city, preserve and protect property values and the character of the community, and mitigate against degradation and depreciation. K. Promote and protect the health, safety, comfort and general welfare of the r community to promote the standards of appearance in the community and encourage the appropriate use of land within the City. The interpretation and implementation of the Design Guidelines should be based on the above purposes. Projects that are reviewed for compliance with the Design Guidelines should meet the intent of the above purposes. The Design Guidelines do not seek to impose an overriding style, a limited color palette, or an artificial theme, but seek to promote the positive design characteristics existing throughout the City. The goal is to promote quality designs that have been carefully considered. It is intended to promote designs that have well integrated features rather than tacked on details. The Design Guidelines are less quantitative than mandatory development standards and may be interpreted with reasonable flexibility in their application to SpeCIfIC pfojeCts. (Added by Ord. 1850 adopfed 4-7-87. Amended by Ord. 2155 adopted 3-5-02J r~ L Rev. 10/05 Page 2 . 9295.1. APPLICABILITY. Design approval is required prior to the issuance of a building permif, sign permit, conditional use permit, variance andlor modification, for all projects located within all the single-family, multiple-family, commercial and industrial zones as well as exterior alterations, additions or new buildings located in the S-1 zone. In addition, the Design Guidelines apply to the following uses that do not require permits: painting of buildings and signs painted directly on a building. Exception: the Design Guidelines do not apply to the following: 1. Signs having no words or symbols greater than 3 inches in height; 2. Building permits for work which is located entirely within a building and which does not alter the extemal appearance of said building. (Added by Ord. 1850 adopted 4-7-87. Amended by Ord. 2155 adopfed 3-5-02J In addition, single-family residential propertieslhomes located within the City designated homeowners association areas are not subject to the City's Architectural Design Review Process. However, the associations shall adhere to and apply the Design Guidelines as well as the association's enabling resolution in their Design Review Process. . 9295.2. HOW TO USE THE DESIGN GUIDELINES. These Design Guidelines are intended to be used to generally influence the design of single-family, multiple-family, commercial and industrial development, exterior alterations or redevelopment of land uses. The Design Guidelines should be used as a starting point for the creative design process and should not be looked upon as the only solution for design. Owners of properties should strive to be creative and innovative and look beyond franchise or boilerplate architectural, signage and landscape architectural design treatment. (,added by ord. ~s5o adopted a- 7-87. Amended by Ord. 2155 adopted 3-5-02) 9295.3. INTERPRETATION OF PROVISIONS. To aid in the interpretation of these guidelines, a development applicant should understand the meaning of "should," "encouraged," and "discouraged." Guidelines that employ the word "should" are intended to express the City's desire and expectation. An alternative measure may be considered, if it meets or exceeds the intenY of the guideline. Guidelines using the words "encouraged" or "discouraged" are meant to express a more or less desirable design solution. (added by Ord. 185o adopted 4-~-a~. Amended by Ord. 2155 adopted 3-5-02) ~ Rev. 10l05 Page 3 9295.4. RELATIONSHIP TO DESIGN REVIEW PROCESS. • The Design Guidelines shall be utilized during the City's Design Review Process to encourage the highest level of design quality and at the same time, provide the flexibility necessary to encourage creativity on the part of project designers in response to existing site conditions. Applicants submitting plans for new development, additions and/or exterior alterations or rehabilitation of buildingslstructures must follow the Design Review Process set forth below in order to complete site and building Ift1p~OV2fT12f1tS. (Added by Ord. 1850 adopted 4-7-87. Amended by Ord. 2155 adopfed 3-5-02) 9295.5. SCOPE AND AUTHORITY. Project proponents should review the entire set of Design Guidelines prior to beginning a projecYs design. The Design Review process shall consist of the following three steps: 1. Preliminary consultation between the project sponsor and the Development Services Department staff to discuss Design Guidelines and design criteria applicable to the site and use. 2. Design concept review by the Development Services Department, • Modification Committee, Planning Commission or City Council, as provided for in the code. Exception: Properties within City designated homeowners association areas are subject to the Design Guidelines set forth in this Division 5(Section 9295, et seq.), but shall be subject to review and approval of only the homeowners associations' architectural review board subject to appeal to the Planning Commission. 3. Final design review during the plan check•process by the Development Services Department for consistency with the approval or conditional approval as established in the design concept approval stage. (addedby Ord. 1850 adopted 4-7-87. Amended by Ord. 2155 adopted 3-5-02) 9295.6. GENERAL DESIGN CRITERIA FOR ALL PROJECTS. Generai design review standards and criteria for single-family, multiple- family, commercial and industrial projects shall be established by resolution of the Clty COU11Cil. (Added by Ord. 1850 adopfed 4-7-87. Amended by Ord. 2155 adopted 3-5-02J ~ U Rev. 10/05 Page 4 ~ 9295.7. DESIGN REVIEW PROCEDURES. A. The Development Services Department shall perform design concept review of all projects, with the exception of single-family homes within City designated homeowners association areas. B. The Development Services Department shall forward its recommendation for design concept review ef-p~ejec~s for projects that require a modification, conditional use permit or variance sha8-be ~y to the hearing body acting on such modification, conditional use permit or zone variance. C. Projects in excess of two (2) acres or buildings in excess of 40,000 sq. ft. shail be subject to design review by the Planning Commission. D. The Development Services Director or designee, Modification Committee, or Planning Commission may determine the matter or decline to review and instead may refer it to the hearing body that would consider the matter as it 8~ eppe2l h8d been flled. (Added by Ord. 1850 adopted 4-7-87. Amended by Ord. 2155 adopted 3-5-02) 9295.8. INITIATION OF DESIGN REVIEW. ~ A. Preliminary Consultation. Preliminary consultation shall be initiated by a project proponent by requesting an appointment with the Development Services Director or a planner in the Community Development Division. B. Design Concept Review. Design concept review shall be initiated by submission of an appiication by a project proponent to the Development Services Department on a form approved and containing information required by the Development Services Director or designee. The application shall include such plans and materials deemed by the Development Services Director or designee to be required for adequate concept review. C. Final Design Review. Final design review of development plans shall be initiated within one (1) year of design concept approval by submission of plans by a project proponent to Building Services for plan check. (Added by Ord. 1850 adopted 4-7-87. Amended by Ord. 2155 adopted 3-5-02) 9295.9. DESIGN CONCEPT REVIEW AND APPROVAL. ~ A. By Development Services Department. • 1. Administrative Review - single-family dweliings. The Development Services Director or designee shall have the Rev. 10/05 Page 5 authority to review and approve the following types of improvements to a single-family dwelling and/or accessory ~ building(s), subject to the determinationof the Development Services Director or designee that the proposed project complies with the single-family Design Guidelines: i. Roofing material; ii. window/door change outslreplacements; iii. 'fenceslwalls within the front yard area; iv. exterior siding; v. other types of exterior alterations as deemed appropriate by the Development Services Director or designee. Review of the above improvements may be conducted upon submittal of plans by a project proponent to Building Services or subsequent to plans being submitted for plan check. If the Development Services Director or designee determines that the proposed improvements do not comply with the single-family Design Guidelines, the applicant shall apply for a regular review process as set forth below. 2. Regular Review: The Development Services Director or designee shall review development plans submitted by a project proponent for design concept approval within thirty (30) working days of receipt • for a single-family residential project and within forty-five (45) working days of receipt for a multiple-family, commercial or industrial project, and may approve, conditionally approve, disapprove or return plans for revisions. After each submittal of a complete application, the City shall have thirty (30) working days of receipt to review the plans for a single-family residential project and forty- five (45) working days of receipt for multiple-family,.commercial or industrial project. Within five (5) wo~king days after a decision, notice of the decision shall be mailed to the applicant. B. By Modification Committee, Planning Commission or City Council. Concurrent with the hearing of an application for a modification, conditional use permit or variance, the Modification Committee, Planning Commission or City Council may approve, conditionally approve or disapprove the PropOS2d d2Slgf1 CO~C2Pt PIet1S. (Added 6yOrd. 1850 adopted 4-7-87. Amended by Ord. 2155 adopted 3-5-02) 9295.10. FINAL DESIGN REVIEW AND APPROVAL. (no chanqe) A. The Development Services Department shall review the final design as part of the plan check procedure to ensure compiiance with the approved plans. The Development Services Department may approve,.conditionally ~ approve or disapprove said plans. , Rev. 10/05 Page 6 • B. If in the opinion of the Development 5ervices Director, the final plans are not consistent with the previously approved design concept plans, the Development Services Director or designee shall refer said plans to the body that had previously acted on the design concept plans, for their review and action. Said body may approve, conditionally approve or disapprove said plans. Within five (5) working days after a decision, notice of the decision shall be mailed to the applicant. (adaed by ord. TsSO adopted a-~-s~. Amended by Ord. 2155 adopted 3-5-02) 9295.11. FEE. (no chanqe) Before accepting for filing any application for design review, the City shall charge and coliect a fee, and the applicant shall pay to the City a fee in an amount established by resolution of the City Council. In addition, the applicant shall reimburse the City for all costs associated with' design review perFormed by the City's architectural and landscape design consultants prior to final approval of the deSlgn ~eVleW. (Added by Ord. 1850 adopted 4-7-87. Amended by Ord. 2155 adopted 3-5-02; amended by Ord. 2183 adopted 9-16-03J 9295.12. EFFECTIVE DATE. (no chanqe) No permit or license shall be issued for any use involved in an application • for design review until action on such application shall have become final by reason of the expiration of time to make an appeal (within 5 working days after the d8t8 Of deCIS10~). (Added by Ord. 1850 adopted 4-7-87. Amended by Ord. 2155 adopted 3-5- 02) 9295.13. EXPIRATION OF APPROVAL. (no chanqe) Design Concept Approval. Design concept approval shall expire one (1) year following its effective date unless: A building permit has been issued and construction has commenced and been diligently and continuousiy pursued; or 2. A certificate of occupancy has been issued; or 3. The approval is renewed. (Added by Ord. 1850 adopfed 4-7-87. Amended by Ord. 2155 adopfed 3-5-02) 9295 14. EXTENSION OF APPROVAL. (no chanqe) The Development Services Director or designee or the body that reviewed a project may renew design concept approval or finai design approval for a period not to exceed one (1) year beyond the initial expiration date, upon determining ~ that the findings made remain valid. An application for an extension shall be made Rev. 10/05 Page 7 a minimum of thirty (30) days prior to the initial expiration date and shall be accompanied by payment of a fee in an amount established by resolution of the • City COUnCiI. (Added by Ord. 1850 adopted 4-7-87. Amended by Ord. 2155 adopted 3-5-02) 9295.15 PLAN REVISIONS. (no chanqe) The Development Services Direclor or designee or the hearing body that conducted design concept review of a project may approve changes to approved plans or conditions of approval upon determining that the changes are minor and are consistent with the intent of the original approval. (Added by ord. 1s5o adopted a-~- 87. Amended by Ord. 2155 adopted 3-5-02J 9295.16. APPEAL. A. Appeals from the Development Services Director's or designee's or Modification Committee's decision shall be made to the Planning Commission within five (5) working days of the Development Services Directo~'s or designee's or Modification Committee's decision and shall be accompanied by payment of an appeal fee in an amount established by resolution of the City Council. A public hearing shall be scheduled not less than ten (10) calendar days or more than forty (40) calendar days after the filing of an appeal. B. Appeals from the decision of the Planning Commission shail be made to ~ the City Council within five (5) working days of the Planning Commission's decision and shall be accompanied by payment of an appeal fee in an amount established by resolution of the City Council. A public hearing shall be scheduled not less than ten (10) calendar days or more than forty (40) calendar days after the filing of an appeal. 9295.17. ENFORCEMENT. (no chanae) A. Building Permits. Building Permits shall not be issued if conditions of approval imposed under the Architectural Design Review Procedure are not satisfied. B. Non-compliance with conditions of approval. Non-compliance with design review requirements that are included as conditions to discretionary land use approvals of the City such as conditional use permits, mod'rfications and similar actions, shall constitute grounds for the suspension or revocation of such approval. ~ Rev. 10/05 Page 8 C. Misdemeanor and Public Nuisance. Violation of any of the requirements of • this Ordinance shall constitute a misdemeanor and a public nuisance pursuant to Sections 1200 and 1201 of the Arcadia Municipal Code. (added by Ord. 1850 adopted 4-7-87. Amended 6y Ord. 2155 adopted 3-5-02) ~ . Rev. 10/Q5 Page 9 ~ ORDINANCE NO. 2213 AN ORDINANCE OF THE CITY COLTNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE IX, CHAPTER 2, PART 9, DMSION 5 OF THE ARCqDIp NIUI~ICIPAL CODE RELATING TO ARCHITECTURAL DESIGN REVIEW THE CITY COUNCII., OF THE CITY OF ARCADIA, CALIFORI~IA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9295 of the Arcadia Municipal Code is amended to read as follows: 9295. PURPOSE. The purpose of the Architectural Design Review Guidelines and Process (the `Design Guidelines~ is to promote a desired level of quality residential, commercial and industrial development in Arcadia that will: . Residenrial A. Contribute to a posirive physical image and identity of single-family and multiple-family development. B. Allow diversity of style while promoring the positive design characterisrics exisring throughout the City. C. Provide guidance for the orderly development of the City and promote high quality development. D. Maintain and protect the property values by encouraging excellence in architectural design that: a. Will enhance the visual environment and character of the commumty; b. Will preserve and protect property values; ~ c. Is sensirive to both the site and its surroundings; and d. Has been carefully considered with well-integrated features that express a definite architectural style. Commercial/Industrial A. Contribute to a positive physical image and identity of commercial and industrial development. B. Foster design that is sensitive to both the site and its surroundings. C. Provide guidance for the orderly development of the City and promote high quality development. D. Maintain and protect the value of property. E. Reinforce the importance of the pedestrian with scale and space F. Ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development. G. Encourage improvements that respect or improve neighborhood ~ character. • H. Ensure that plans for the landscaping of open spaces conform to the requirements set forth in the code, and that they provide visually pleasing semings for structures on the site and on adjoining and nearby sites and blend harmoniously with the natural landscape. I. Ensure that the design and location of signs and their materials and colors are consistent with the character and scale of the buildings to which they are attached or which are located on the same site, and ensure that signs are visually harmonious with surrounding development. J. Encourage excellence and diversity in architectural design to enhance the visual environment of the city, preserve and protect property values and the character of the community, and mitigate against degradation and depreciation. ~ - 2 - 2213 K. Promote and protect the health, safety, comfort and general welfare of • the community to promote the standards of appearance in the community and encourage the appropriate use of land within the City. The interpretation and implementation of the Design Guidelines should be based on the above purposes, Projects that are reviewed for compliance with the Design Guidelines should meet the intent of the above purposes. The Design Guidelines do not seek to impose an ovemding style, a limited color palette, or an artificial theme, but seek to promote the posirive design characteristics existing throughout the City. The goal is to promote quality designs that have been carefully considered. It is intended to promote designs that have well integrated features rather than tacked on details. The Design Guidelines are less quanritative than mandatory development standards and may be interpreted with reasonable flexibility in their applicarion to specific projects. ~ SECTION 2. Section 9295.1 of the Arcadia Municipal Code is amended to read as follows: 9295. L APPLICABILITY. Design approval is required prior to the issuance of a building pemut, sign permit, conditional use permit, variance and/or modification, for ail projects located within all the single-family, multiple-family, commercial and industrial zones as well as exterior alterations, additions or new buildings located in the S-1 zone. In addition, the Design Guidelines apply to the following uses that do not require pemuts: painting of buildings and signs painted directly on a building. Exceprion: the Design Guidelines do not apply to the following: 1. Signs having no words or symbols greater than 3 inches in height. 2. Building pernuts for work which is located entirely within a ~ building and which does not alter the external appearance of said building. - 3 - 2213 In addition, single-family residential properties/homes located within the City designated homeowners association areas are not subject to the Cit~s . Architectural Design Review Process. However, the Associations shall adhere to and apply the Design Guidelines as well as the Association's enabling resolution in their Design Review Process. SECTION 3. Section 9295.2 of the Arcadia Municipal Code is amended to read as follows: 9295.2. HOW TO USE THE DESIGN GUIDELINES. These Design Guidelines are intended to be used to generally influence the design of single-family, multiple-family, commercial and industrial development, exterior alterarions or redevelopment of land uses. The Design Guidelines should be used as a starting point for the creative design process and should not be looked upon as the only solution for design. Owners of properties should strive to be creative and innovative and look beyond franchise or boilerplate architectural, ~ signage and landscape architectural design treatment. SECTION 4. Section 9295.4 of the Arcadia Municipal Code is amended to read as follows 9295.4. RELATIONSHIP TO DESIGN REVIEW PROCESS. The Design Guidelines shall be utilized during the Cit}~s Design Review Process to encourage the highest level of design quality and at the same time, provide the flexibility necessary to encourage creativity on the part of project designers in response to existing site conditions. Applicants submitting plans for new development, additions andlor exterior alterations or rehabilitation of buildings/structures must follow the Design Review Process set forth below in order to complete site and building improvements. SECTION 5. 5ection 9295.5 of the Arcadia Municipal Code is amended to read as follows: ~ - 4 - 2213 9295.5. SCOPE AND AUTHORITY. • Project proponents should review the entire set of Design Guidelines prior to beginning a projecPs design. The Design Review Process shall consist of the following three steps: 1. Preliminary consultation between the project sponsor and the Development Services Deparhnent staff to discuss Design Guidelines and design criteria applicable to the site and use. 2. Design concept review by the Development Services Deparhnent, Modification Comxnittee, Planning Commission or City Council, as provided for in the code. Exceprion: Properties within City designated homeowners associarion areas are subject to the Design Guidelines set forth in this Division 5(Secrion 9295, et seq.), but shall be subject to review ~ and approval of only the homeowners associations' architectural review board, subject to appeal to the Planning Commission. 3. Final design review during the plan check process by the Development Services Department for consistency with the approval or condirional approval as established in the design concept approval stage. SECTION 6. Section 9295.6 of the Arcadia Municipal Code is amended to read as follows: 9295.6. GENERAL DESIGN CRITERIA FOR ALL PROJECTS. General design review standazds and criteria for single-family, multiple- family, commercial and indusirial projects shall be established by resolurion of the City Council. SECTION 7. Section 9295.7 of the Arcadia Municipal Code is amended to read as follows: ~ 9295.7. DESIGN REVIEW PROCEDURES. - ~ - 2213 A. The Development Services Department shall perform design concept review of all projects, with the exception of single-family homes • within City designated homeowners association areas. B. The Development Services Department shall forward its recommendation for design concept review for projects that require a modification, condirional use permit or variance to the hearing body acting on such modification, condirional use perxnit or zone vanance. C. Projects in excess of two (2) acres or buildings in excess of 40,000 sq. ft. shall be subject to design review by the Planning Commission. T`he Development Services Director or designee, Modification Committee, or Planning Commission may determine the matter or decline to review and instead may refer it to the hearing body that would consider the matter as if an appeal had been filed. SECTION 8. Section 9295.8 of the Arcadia Municipal Code is amended to ~ read as follows: 9295.8. INITIATION OF DESIGN REVIEW. A. Preliminary Consultation. Preliminary consultation shall be initiated by a project proponent by requesring an appointment with the Development Services Director or planner in the Community Development Division. B. Design Concept Review. Design concept review shall be initiated by submission of an applicarion by a project proponenf to the Development Services Deparhnent on a form approved and containing information required by the Development Services Director or designee. The applicarion shall include such plans and materials deemed by the Development Services Director or designee to be required for adequate concept review. ~ -6- 2213 Final Design Review. Final design review of development plans shall be ~ iniriated within one (1) year of design concept approval by submission of plans by a project proponent to Building Services for plan check. SECTION 9. Secrion 9295.9 of the Arcadia Municipal Code is amended to read as follows: 9295.9. DESIGN CONCEPT REVIEW AND APPROVAL. A. By Development Services Deparhnent. 1. Administrative Review - single-family dwellings. The Development Services Director or designee shall have the authority to review and approve the following types of improvements to a single-family dwelling and/or accessory building(s), subject to, the deternunation of the Development Services Director or designee that the proposed project complies with the single-family Design Guidelines: i. Roofing material; ii. window/door change outs/replacements; iii. fences/walls within the front yard area; iv. exterior siding; v. other types of exterior alterations as deemed appropriate by the Development Services Director or designee. Review of the above improvements may be conducted upon submittal of plans by a project proponent to Building Services or subsequent to plans being submitted for plan check. If the Development Services Director or designee determines that the proposed improvements do not comply with the single-family Design Guidelines, the appiicant shall apply for a regular review process as set forth below. 2. Regular Review: The Development Services Director or ~ designee shall review development plans submitted by a project proponent - 7 - 2213 for design concept approval within thirty (30) working days after receipt for a single-family residential project and within forty-five (45) worlcing days ~ after receipt for a mulriple-family, commercial or industrial project, and may approve, conditionally approve, disapprove or return plans for revisions. After each submittal of a complete application, the City shall have thirty (30) working days of after receipt to review the plans for a single-family residential project and forty-five (45) working days after receipt for a multiple-family, commercial or industrial project. Within five (5) working days after a decision, notice of the decision shall be mailed to the applicant. By Modificarion Committee, Planning Commission or City Council. Concurrent with the hearing of an application for a modification, conditional use permit or variance, the Modificarion Committee, Planning Commission or City Council may approve, conditionally approve or disapprove the proposed design concept plans. SECTION 10. Section 9295.16 of the Arcadia Municipal Code is amended ~ to read as follows: 9295.16. APPEAL. A. Appeals from the Development Services Director's or designee's or Modification Committee's decision shall be made to the Planning Commission within five (5) working days of the Development Services Director's or designee's or Modification Committee's decision and shal] be accompanied by payment of an appeal fee in an amount established by resolution of the City Council. A public hearing shall be scheduled not less than ten (10) calendar days or more than forty (40) calendar days after the filing of an appeal. ~ -8- 2213 B. Appeals from the decision of the Planning Commission shall be made • to the City Council within five (5) worldng days of the Planning Commission's decision and shall be accompanied by payment of an appeal fee in an amount established by resolution of the City Council. A public hearing shall be scheduled not less than ten (10) calendar days or more than forty (40) calendar days after the filing of an appeal. SECTION 1 L The City Clerk shall certify the adoption of ttus Ordinance and shall cause a copy or summary of the same to be published in the official newspaper of said City within fifteen (15) days of its adoprion. T'his Ordinance shall take effect thirty-one (31 j days after its adoption. Passed, approved and adopted this day of , 2005. r1 ~ Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~4. %~~~ ~ ~~~ Stephen P. Deitsch, City Attorney r1 U - 9 - 2213 • SURVEY OF CITIES WITH SINGLE FAMILY ARCHITECTURAL DESIGN REVIEW Updated November 1, 2005 n LJ Cit Yes No Alhambra Is working on design review - to be com leted in 2006 Brea Have uidelines, but no rocess Burbank X Downe X Duarte X EI Monte X Glendale X Glendora In process of adopting an ordinance La Canada/Fli trid e X La Veme X Monrovia lf visible from the street Monterey Park If additionlnew construction exceeds 3,000 s . ft. Pasadena No, unless the area is desi nated a landmark district Rosemead X South Pasadena X San Gabriel X San Marino X Tem le Cit X • U7ILIIZUVJ iV:lO lM VfV~YIV4VV . vuv~a, ..r.W.~ Read Message - SmarcerMail Page 1 of2 D~: AwmeY, Juy 11 ~ Za06 8;60 au Prom; 'Vlto D'4laesantlrv" evkOtl~OeIP'tie.tmV To: 'Owid qeon" <oiwn~elMOnetcoma. ~pj~; cw~nre+daClryP~opartyScNt.4br . none) . HTML i Pyin Text I HeamL I 9R~~R~n~ AftaMme~: t Venrrrv L~terrasting ......................so who made this ProPosal?7~~~~?~~rr~?~?~? - priginal Message ----- From: "Arcadia Asaociatioa of R~ALTORS" To: "Vito D'Aleesendm" Smt: Monday, July 11, 2005 2:52 PM Subject: Arcadia City Proporty Sa1es Aler~ A,AR ALERT! Arcadia City Planning Commiseion Roview Date - Tuasday, July 12 @ 7p.m• Proposal for rlrchitectural De6ig~ Review for single-family rosidential uses, The proposal could put costly burdens an the efforts of Arcadia rasidenis to ~rnp:ove their homes, to mark~t thar homea for saio and m keep up the look ofthe neighborhoods. The rights of propect?' owners wouid be subject to the interpretation a~d . impressions of a"planner" the ciry intends to hize. This proposal woi:ld delayiestend the cime frame on home remodele and home impro~ements. This plan seeks to xegulate ths exterior apptazance of homea in Arcadia aad could have a number of uninsaided negative unPacts on homeownership in Aroadia. Your voice is needed! Make your opinion laiown and attend the Arcadia plenning Commission's meeung on Tuasday, Iu1y 12 at 7 p.m. at the City Council Chembers. Thanks Again, ,Areedia Association of REALTORS '"The Homeownor's Hest Ftiend" 601 S, First Ave. ,Srcedia, CA 91006 OFF 626.446.21 lS FA3~ 626.446.40%2 contac1LS{a~theaaz•com www.theaer,com ~ . http://webmail.attrionet.comlMain/frcnR~abMail_Body.aspx?foldc-Iabox&meseageid~l5... 7/11l2005 Page 1 of 1 Donna Butler From: Tony Henrich [thenrich@altrionet.com] Sent: Tuesday, September 13, 2005 4:54 PM To: Donna Butler Subject: Architectural Guidelines Donna -- Our ARB met last week and discussed the City's new Architectural Guidelines. All agree that they are excellent and wili help the City and the ARB's. They will also help and encourage Arcadia homeowners to create beautiful homes by foilowing these Guidelines. The Guidelines will also help to preserve our community of beautiful homes - and will increase property values. We very much support your efforts and would be glad to help. We hope that the Planning Commission and City Council approved the Guidelines for the beneft of all Arcadians. Again, please thank all who contributed to the Guidelines. We thank you for a great job. Tony Henrich ARB Chairman Rancho Santa Anita Residents Association • C~ • 9/13/2005 Subj: City Restrictions Date: SI15/2005 11:56:08 P.M. Pacific Daylight Time From: realtorvvonneCa~msn.com To: irvtons aol.com CC: Rov_arino@theaar com • rror,a ihe tJesk or` Yvon»e R~sas Petty Canturv 21; ,~arlt, LTL> ao ~ithan? Tt P9ay ~ancesn, I wanted ~o ~ake a moment tn aadress ~h> Arc~dia Pfanning ~mrnmission's upcoming Architecturai 'Jesiar. P.eview Fr~posal. As a R=a? csza~2 agen* i,-~ the community far 1~ yeara this prnpvsai coudd be aetrimentaf t~ my b~~siness. Restrictions that could detay tne closing o* an ascrow Wf71I? wait+ng fflr permits mcst definiteJy c~uld cacrs~ #he loss or a sa1e. Tn our industry a days delay can break a sale, anii fisis I kraow fr~m px}aerie~aca. Also pfacing so many restrictions on nome owners wiro ar~ not men, bers or` and 7~OA or CCR's toula' decrde wi~etner or not a bt~~yer wii: chos~ to purchas~ in Arcadia. Permits for windaws, ~ain# efc will bur~ien t~e the is~rtr~owner witfi additiona! e~sts which Z assure wili bacame and issue in tfie sale of a home. d ask yoc: to ta9ce tha time ta review~ f}~~ ~roposaJ and relax some o~ • tire restrictions. As Realtors we must discinsz everythina ia cfienfs and rD disclase that if you chose t~ buy ir, Arcasiia antl fhoa~oh you ar_= ,-~ot a mem6sr of ars association you must get permits anc~ apr~roval ior simpde ~sorn~ maintenance sut~h as painting and repl~cing windows ~gain Z as~ure 'z~7rs wilt cause us t~ loose clients and make s~ales tsan~actions uerk~ di3fi: ~1=. ? ihanic you for your time and cDrtsisieration in thrs most im~art~sri rara_*ier. Respectfuliy, Yvonne Rosas Petty (62c") 233 0233 . Tuesday, August 16, 2005 America Online: IrvTons ~ September 28, 2005 SUBJECT: Text Amendmem OS-04 Single-Family Design Review T0: City of Arcadia Development Services Department I have read the Text Amendment OS-04 Single-Family Design Review, and I firmly agree with and support your recommended changes. I am Chairman of an Architectural Review Board in an area of Arcadia with single- family residences thaY have similar provisions to the proposed Architectura( Design Review Guidelines. I have been in this capacity for 11 yeazs and have followed the Architectural Provisions of our Propeity Owners Association. By foilowing these • Provision for new homes and remodeling of homes in this azea, I have seen first hand how importarn it is to have guidelines to assure a desired level of quality developmern in Arcadia. Sincerely, ~~ ~~~~~~ John A. Schiavone, Chairman Architectural Review Board Rancho Sazrta Anita Properry Owners Association • Donna Butler From: Laurie Thompson [Ijthomps@caltech.edu] nt: Tuesday, September 13, 2005 5:14 PM Donna Butler 6ject: Design Review Guidelines Dear ponna, Kudos to the framers of the design r=view guidelines. The contents included in the guiclelines are universally recognized principles of quality design appropriate for the city of Arcadia. Particularly helpful are the exemplars of both quality and questionable elements. Many of the recommendations bring clarity and greater precision to what we have been attempting to achieve in the Santa Anita Village. That such expectations can be consiscent throughout the city stands to enhance our entire community of homes. 4uality cities~reflect the implementation of such elements of style. Recognizing that consideration of mass and scale are central to good design is a plus for the guidelines. It would be helpful to have additional exemplars of homes that are harmonious in mass and scale contrasted to homes that violate mass and scale along with explanations of the differences. In conclusion, a vote of gratitude to those who constructed this thoughtful-document. I encourage the Planning Commission to recommend adontion of the quidelines to the City Council. Respectfully submitted, Laurie Thompson Architectural Review ~anta Anita Village Board Chairperson ~ U Yage ] oi 1 Donna Butler From: IrvTons@aol.com • Sent: Tuesday, September 13, 2005 2:10 PM To: Donna Butler Cc: chip@shubertpa.com; rovarino@theaar.com; helencao@charter.net; Randalls4u2@aol.com; richstone@coldwel I banker. com Subject: architectural design reviewlplanning commission meeting dear donna, it has been brought to my attention at this late date that you are pushing ahead to have the planning commission pass the above issue as written and give it to city council. to express disappointment is to say the least of how i feel and how i perceive the city of arcadia and planning commission and staff to be in terms of a continued conversation regarding what we had discussed at the previous meeting. i can't see why, at the minimum, one more meeting could not be possible before taking the next step. i have been told that you felt we, as realtors, were primarily speaking on one topic, yet, if i am not mistaken, being probably the most vocal of our group at that meeting, we brought up many issues that should have been taken under consideration. the problem seems to be one of time and some schedule that needs to be followed. donna, if i am not mistaken, i thought it was expressed and agreed that the "intenY' of this document was to be commended for what is was attempting to accomplish, but it had to be "rewritten" and "clarified" as to its text and the way it was written and that we would get together again to discuss this. in addition, i also believe we had talked about the possibility of notifying the residents in the "non association" areas of any upcoming • planning commission or city council meeting that would have this topic on the agenda. was any notification sent out regarding this meeting today? again, i Iook to you, donna, as the "leaderispokesperson" of the meeting tonight to take into consideration what i have briefly brought up here (in the interest of time and redundancy) to ask for one more postponement until a final vote by the planning commission takes place. i think you have the ability to do this and i would hope that bringing to the couhcil a document that had been looked at, discussed, and had a consensus of more than just steff and the planning commissioners would have more meaning and justification for passage. thank you for your cooperation and understanding in this matter sincerely, irv tons, broker associate coldwell banker chairman, political action committee, arcadia association of realtors 626-566-2209 office ps can you please give a copy of this to the commissioners? • 9/13/2005 ~ Arcadia Planning Commission: I am writing concerning your new Architectural Review Board Process. I feel that you may be going a little "overboard" in your new rules. Owners already have so many laws on the books to follow and to add all the new ideas you have will impose a real hardship for people trying to do any improvements to their homes. As a Realtor, I also feel that, they may become stuck in the process of trying to sell their homes. How long will it talce for the review board to process their changes that they must make to sell their homes? Who will pay for the changes and or upgrades as we are trying to close escrow? The price of houses are high enough...how much more will the costs be • when they have to pay to make your required changes? Please consider these thoughts before you pass on these changes to the City Council. Thank you. Sincerely, ~~- ,~ ~~~ Henry J. Velasco Member Arcadia Realtors ~ r~ ~ i~ ~ r/~,,;,~~ ~~~t ~?s0rr~"~~ CG~'l~l~r ~~ )~ ~~ ~/~7.~61j~~ , ~ v~ n. ~ ~f~c ~1'1~~: G) . 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Cl~. ~tir~ 5~.~ ,~ ~ (~ 7 ~' c~~ h~y< < ~~ -~i w~ f~, ~~~ c ~~If~ ~ ~ ~ ~~ ~„~oc~ 1~~ 6J~n'~ `f ~ ~ ~ ~1 rY -c' (,^~I1t~Z ~ i"j'~,~~~~I j,i„~~f~~w-h j ~ "~ ~1 'y- ~ ~.~..~~ ~ l,~' ~ `,/1 (,ti%~Q~ `1p - 1rnl ~`no~L . ,~ _ ~,I- (,J i:C.`~ ~,L•l~ rt,i Q~11~ I x t ~,1~ . ~ L L~. `~ YI i J. L~ / ~ ~r~~ ~ ~ ~' ~~~ 1~~~~~I,~z ~ ,~ ~ f ~„'' . 1~~~~" ~~~~ ~.~~z~~~~ ~,~ ~ ~~ ~~~ 5~~~'~ ~~ ~ ~ ~ ~ ' D~`~' ~'~ li~.~-~„a'~ S_k ~ / ~,. ,~ .ra' ~~~,z~a'r'z`I , ~~ ~1~~~ V~a'~~~xi'~~.P~o ~ ~ SjN~t2? `+Ci~YS '. - ~ I ~,%,~;~,1=~- ~-~l ~ August 17, 2005 To Whom It May Concern: ~ I wanted to register my concern with the proposed architectural design review guidelines. During my 17 years in the Real Estate business, I have encountered numerous situations where a transaction cancels or at best becomes very difficult because buyers and sellers are unable to come to an agreement about who pays for needed upgrades to a home. As building codes change over time, sellers hesitate to upgrade their homes but the buyers want it done. Upgrades and other improvements are costly and require city involvement. Escrows are always time sensitive, and if these new guidelines are put in force, I can only anticipate senous dissatisfaction with the city of Arcadia. T'he issues relate to not only money, but also undesirable govemment interference into private lives and serious • time delays, which create a whole new set of problems when trying to close an escrow. 'L'hank you for reconsidering your position. ~~~~~~~~~~L -~ ~.-~~ ~~ Connie Hanson, GRI, CRS Broker Associate Coldwell Banker 15 E. Foothill Blvd. Arcadia, CA 9I006 626-254-1010 ~ LJ au~ust 1~, 2oos To Whom It May Concern: I am deeply concerned about the proposed Architectural Design Review process that the City of Arcadia plans to implement. I do commend the City of Arcadia for their underlying purpose, which is to promote quality designs and a desired level of quality development. However, determining whethei or not a design is `desirable" or "undesirable" is strictly subjective. Designatinp the Development Services Department the authority over making that determination seems undemocratia l have been selling real estate for over sixteen years and on many occasions have had clients tell me that they would never live in a homeowner's association due to all the rules and regulations. They wanted to feel that their home was their castle and they wanted the freedom to decide how to improve it. This level of control in the design review process will have a negative impact on the City. Aren't there already sufficient regulations in place in the buildin~ code without adding another layer of ~overnment influence? The time periods involved for design reviews, and the costs involved are also detrimental. Requiring thirty (30} woricing days for concept review, plus five (~) additional working • days to mail a decision equates to over seven (7) full weeks of actual time. This amount of time seems excessive. Also, the fact that more fees will be involved will only deter homeowners from making needed improvements. What then? Will the City of Arcadia start forcing homeowners to improve their homes? I understand that the City is trying to improve the quality of development in Arcadia, but the Arcadia Architectural Design Review Ordinance is not the right solution. Please reconsider your plans for implementing the .Architectural Design Review process. Sincerely, ' ~ ~_ ~ L r~t'.GO~ y~( ,~ :% G Lr'~v Patricia Dmytrow Coldwell Banker 1~ E. Foothill Blvd. Arcadia, CA 91006 (636) 254-1049 • r~ u au~st is, zoos To the City of Arcadia Planning Commission and Staff, It is my understanding that several members of the community, including realtors, developers, etc., are meeting today to discuss the proposed azchitectural design review. First, letme say, in theory, I commend you for trying to improve and uphold the image of the city. In fact, the way that this proposal is written and possibly what the intent is, can be two entirely different interpretations. The requests for such a meeting today is to clarify the factual written document as it is today and with the city's intention and see if there is a better way to either write this proposal or have it be non existent. I will try and be brief to share with you my thoughts. You are putting an undue burden on both realtors and potential buyers, sellers, and investors to come into the city. By passing this document the way it is written; you are • forcing realtors to ]et potential buyers/investors/developers know that they may not be able to do what they would like with a property they may be in the process of purchasing. In othez words, a couple that is getting ready to close an escrow and had desires to either paint their home, change a door or window or put on a different kind of roof, would have to check with the city first to see if it is homogenous with the neighborhood. In addition, if a termite inspection called for the replacement of certain items noted in your proposed document, both buyer and seller would have to go through your review pmcess before completion, What would happen if the city did not agree with the proposed needed repairs, and neither buyer nor seller wanted to pay the $300-$500 fee to submit to such repairs for approval, and further, neither buyer or seller wanted to wait an extra 30 days to see if all this could happen? Also, investors looking to purchase existing homes in the ciry that had budgeted a certain amount of money to rehab and improve the property as well as the neighborhood, could be subject to increased costs if it was not suitable to the ciry the type of roof they would use as an example. n LJ What would happen if a 30 day or sooner escrow was required and the review process took an additiona130 days? The uansaction could fall apart and could cause irreparable to one or more principals in the transaction. Does the city realize that from now on all . realtors would have to give every buyer and seller this document? If we did not, then we could be looking at possible litigation after a close of escrow if the buyer was not able to do what they had hoped and we did not disclose this document. You will deter and scare away a great many potenrial new people to the city. In conclusion, I will restate the intent of the city is admirable. The document needs to be rewritten or another way to accomplish this city's desires needs to be considered. Sincerely, Irv Tons, Broker Associate Coldwell Banker Dynasty Chairman, Political Action/Government Affairs Arcadia Association of Realtors ~ (626)-566-2209 office irvtons(n'~aol.com e mail R3r • ,~l ~ ~JJ~ • C~' ~S ~,~~'yL/ C~ r~ ~ ~~ ~~ ~~ ~``~ • A['Ced1a GYty CamCll (~ zaAO~~x,~~9ioo OCT 3 1 2~p5 uc~ ~ .,~~,r Re: SFR Atsh~ral Daip- Pevicw / B~datbns Camruurue} , m~,!:, ea„s:an I hsve great concetns ahotrt the `5mansimtratiou" of homes in Arcadia ~ the efl'ect iYs having on otu comm~mity. I~e ya- to nlease a~[ a moraroriom on buildmg lbese mammom m.naom. 1Le marernai~mm wou~ suow lime ror rLc ciry m amend its wning law~s 7egulating the size sod sl~ape of acceptable erchitectuial desiga My ~ a~ fatlic Leve lived & taised a fam7Y in fl~ea b~iful mmg-csWry, award-w~m8 ~h~yl~ home over 50 yeats in a verY desirebie nei~borbood. I~ew aP in their house mod aWeodod Hugo Reid ffiem~S, Foothill Jr. High, and ~ fiom Anadia FLgh ScLool. I am a lowl civic wluobeer aod plan on rd'mng in A~wdia µ"~~a:~n'vation" Neither io"Harmonv Nor Character' with Arcadia Nei¢hbor6oods In m~y eactions a~' ~r cuy, ihese mansiom aze ndther in "ha~y" ~r in'SCharacta~"' with the CC&IL and R-0 Regulations of the neighbothood. Just duve by the comer of Holly and Notmm with a with a"boerding ~° for sale conmimng 9 badtooms Ph~s a"Poo~ hoase" witL a~e, ~oom, md bedmom addon. Other ~-manas Lave ,wder_gro,ma am aual-w;ng aoublo gara~s in tne from eetb~wack. ,4m wondeting now coula rhis nave passea regulaeons7 L.ess tLmi 3 days aRer (07/TL/OS)1~ Public Woxl~ Servias emrry-enkd EncaNn Drive, We from sl~eet s~aface (i~nB ours) was damaBed with Leavy ~on equipmeat I2unaR'aY reguleUions and °P~m~s" Lave become too excessive and hazmial ro tLe ~e md value of the oo~mity. Thete must be a belauced oonsideration M how adjecent neighbors wa~ tLeir propeny values tn be affected - how they would aant t~a qmlity of view, av space. seauitY. and ~ivaC.7 mt 6e ~p-~sa~ "Good a~huecUnal ~ter is ba9ed ~oa tltie ~es of ha~mamy and popoition in tLe elemeWs of tLe slnuk~ae as well as ffie relatiunshiP of such prina~ples m adJacent ~ucdn~ and ather ~uc~u~ in the ndg6bothood" (Arcadia CitY Co~il ResoluUion No 528~ Arca~a ~st talre an a~ve Polic7 ot rnde mfo~at (sdffmed with la~er Snaacial Po~cdbook Pmalfiea for code vidatios) mder Mmieipal Co~ ameadmeats wiTh a NEW Independent Cmtral Governing "Cky-R'~ide" Arshi~etaral Review Horrd. H the prolNeration af "manaionvaaUm" c~Umun to spread uoeheeked. it w~l have a canceroae imp~t m ihe mviconmental ambiance ae weR as 1Le qaality of singk fam7y Rsidmtiel Gvmg. Attached pleaee find reoommendadoos and sag~eshons for am~dment ehangee for SFR Arc6itactural lle~p Revlew• I have more i~aa and am wIDing to diacose. Waald app~ yaar teedbaclc Pleaee eo~t me. 'lLank yaa. Sincerdy yoaes, ~~ R W. T~E 9Z6 Encento Drive A~eadit, CA 91007-6103 Cc: Commis~oner David Oleoo - Plsnning Commission llon Penmm - Aa~aot LSd9 Maea~e~ ~ 1levdoPmeat Servioo Dinector Coxicran W. Nicholeon - Planning Servicea Maoa~ lbona Boder- C~mmity Ilevebpment Admmistrator Pat Malloy - Director Public Works Se~vica •••~ a~~~ October 25, 2005 ~4i ~flna~~! ~`~~ .i • • . Page - 2 - SFR Architectural Design Review / Recommendations - R W. THEE October 25, 2005 • RECOMMENDATIONS TO C1TY COUNCIL DEVELOPMENT SERVICES AND PLANNING COMMLSSION: Propose a CODE AMENDMENT to adopt a PRIMARY "CI1'Y-WIDE" ARCffiTECTURAL REVIEW BOARD with AUTHORITATIVE CENTRAL POWER of DESIGN REV[EW, FINAL DECISiON and COMPLIANCE to eSectivelv enforce AND ezemine• 1. Any site plan floor area ratio (FAR), building size/heighUmass/density restrictions with street and side yard setback limits with stricter enforcement raTios. FAR not to exceed a maximum 25% permiued (R-0 Regulations 92522.9.1). 1 a Meximum building 6eight to be adjusted to 25 feet ffill not present 30 feet) irrespective of lot width. 2. 2"° story+ "intrusive" eide window views bloclang existing neighbors' airspace, sunlight, view, and aesthetic privilege to be elevated fiom the bottom of the window at a mioimum of si: (6) feet from 2°" tloor kvel and be permaoently loclced & closed with an opsque or frosted surface. 2a. NO bay windows permitted on any 2nd story structwe to lessen invohmtary invasion of conriguous neighbormg privacy with seclusion laodscaping (e.g. "Italian Cypress trees) as part of the proposed site plan at new builder's expense. 3. "There shall be a side yard on each side of every building of not less than teo (10) feet or ten oercent (10%) of the lot widt6 as measured at the front property line, whichever is greater." (R-0 Regulations 9251.23) 4. Limit number of bat6raoms under one roof attached to each bedroom / bungalow P9ibrary"/ "game room" to preveat speculative investment turnover for resale by transit ownership. 4a. "Boarding House" - prohibit two or more rooms from being rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental enanager is in the residence (including "Accessory Living QuarterslGuest House"). • 4b. Owner shall consent to right of aeeess by Code Enforcemeot to determine unrelatad multi-family occupancy vs. smgle family residence to avoid the appearance of a boarding 6ouse and/or clandestine 6ome-based busioesaes opereting wlthout a permit ref: R-0 Regulations 9251.2.10.3. 5. Increase psrkiug and circular driveway restriMions wit6 code enforcement to upgrede fines for more t6ao (3) cers parked in an ovemight 3AM - 7AM" front yatd or circular driveway (ticketed violations at $100 per event times each additional evening) reE R-0 Regulatioas 9251.2.14.1. Sa. Eliminate circular driveways from aoy oew conatruMion (other than those aUeady "gandfathered") Sb. BAN ALL OVERNIGHT STREET PARKIIVG. Otherwise, uo to a mazimum of two (2) limited street oermits tor overnieht 3AM - 7AM• "Class C" ve6iele (ander 6,000 Ibs.- NO RV/MoWr Home/Bus/BosUTrailer/Truck/Motor- cycle) parking at $500 oer vesr esch licensed vehicle (revenue genetated to the city) with such cermits restricted to the owner(s) own front orooertv line onlv (NOT in front of eny contiguoas neighbor property line within 500 feet) with temoorarv overoight parking permits valid up to a ma~mum of two weeks every twelve (12) months. All vehicles which do qualify for a pernut must be moved at least once every 72 hours, and vehicles exceeding 7 feet in height or width are ineligible to apply. ref: R-0 Regulations 9251.2.14.1 Motor Vehicle Limitations - Requiremenu Sc. •3AM -'7AM (exoand time Groit to allow for ciry street sweeper compietiou of duties and vash comainer placement for disposal end pickup) Sd "Below grade or sabterrsnesn perkiog spaces shall not be permkted." (R-0 Regulations 9251.2.6.) 6. No loud "boom box" music nar electricsl, manual, vocal disturbance which would create a noisy, raucous or impulsive sound, within ANY RESIDENTIAL 7ANE or within 500 feet of a residence between hours limited to 8 AM - 5 PM and t6ereafter (with all rnnstruMioo banoed oo Sundeys). • 6a. Any controlled resonaoce not to exceed t6e ambient ooise level 6y more t6an frve (5) decibels from the work site during construction, reoovation, or repair. ..contu~ued Page - 3 - SFR Architectural Design Review ! Recommendations - R W. THEE October 25, 2005 7. The owner ancUor ius designated foremedmaoager s6all be responsble md held accounEable ihat oo trash or construction debris is litbered into other neighbors' yazds & ensure frnnt area (within 500 feet of neighboring residences) street clean-up at the end of each project day'. 8. No work crew trucks or cars s6all blind-block or park within twenty-tive (25) feet on eiU~er side of a conriguous neighbor's driveway which would uo-safely obstruct the vehicular neig6bor's e:itiog view (bo1L egress and 'mgess} from their driveway against potential on-coming traffic or invisible 6aTards (e.g. children on bicycles, dog walkers, etc.) 9. Basketball net end stenchions (either moveable or fixed) must be setback thirty (30) fcet from the front-most curD and not in the strcet to eliminate injury and liability to the city. 10. OwnerBuilder shall be held responsible for aoy earth-moving demolition equipment functioning with any continuous and heary pounding or packing ground dishabance, causing structural cracks in surtounding foundations, or any obvious appearance of negligent damage to city streets and contiguous property, slmry-seals, power lines (phone, cable, electric), water mains, sewer and gas lines, public wotks, and/or ANY part of neighbms' property (incWding driveways, fences/walls, swimming pool Hles, etc.) with immediate repair or be fined 51011 per day with resolution and determination by Ciry Code Enforcement. • I 1. Prior to any bcal Home Owners' Association ARB fmal dacision to authorize a proposed architectural desigo/site plan, ALL contiguous property owoers by majarity (within 300 feet) shall retain the right of "sign-at'f" within a 10 working day appeal period (incorporated 'mW the full and focmal review) to disputc t6eir local ARB vote and retain the option to petitiou a final agreement trom a"CI1'Y-WIDE" ARCHITECTURAL REVIEW BOARD under the Jurisdiction of Development & Pleoning Services in concert with and arbitration from t6e Arcadia Cky Council. 12a. Any fiBng fee aod cosfs s6all be absorbed by new owner/builder to cantrol non-conforming site plen. • RESOLUTION: • Implement all aforesaid recommendations through the passage of an Ameudment W t6e Muoicipal Code that establishes design gnidelines aod standarda for all eingle-family residences, as well as require anyone proposing erterior cLanges or alteretions to their home to comply with Code amendments. • Adopt a moratorium on arry further maeaive modifications and building io ezcess of 3,00(I sq. ft. out of "chsracter and hacmony" with existing neighborhoods, until the Municipal Code can be amended and apptied for acceptable design review city-wide. • Create an Independeot, Fair & Impartial, Central Governing, Final Decision-Maldag "CITY- WIDE" ARCffiTECTtJRAL REVI~W BOARD admioistered by the Development Scrvices Departmeot for AI.L Homeowner Asaocietions (and tAose without) under t6e jurisdiction of the Arcadia City Coancil with power of design review and compliance, size, 6eight, setbacly snd FAR restriction. • Stitt'en snd increase penalNes, fces, and fines to have e aignificant impect on preveating Code abase. • Setup a Code Ehforcement (easy-to-remember) phooe namber availsble to residents to confideatisliv report violations for iovestigation (e.g. 1-800-ARC-CODE - it available). • Active}y solicit more community volantee~s sod citizen neig6borhood watch committees at every . televised City Coancil Meeting to get invoived and aesist Arcadia Code Enforcement in ensaring caarpliance with any updated/adopted regalations and amendments. ~ u • ~~~~G~p~~ ~~r ~ ~ 2QD5 October 2005 Donna Butler Community Development Administrator City of Arcadia 240 W. Huntington Dr. P.O. Box 60021 Arcadia, CA 91066 Re: Architectural Design Review Deaz Mrs. Butier: t3,,:f;F,~; n%513; r., msaiitr E1u:~~i.sr.~~....,~:c~,?e:,~ ..eCi tyyk'!OL The Architectural Design Review program as proposed by the city of Arcadia poses several problems not only for REALTORS~, but for our community as a whole. If the city is going to go fonvard with such a proposal, there aze several issues that I would like to see the city address: • How will the city address properties that aze in a time sensitive escrow, and still need to have qualifying repairs completed? • How will the city help enable rehabilitation projects, or investors looking to revitalize a dilapidated property for the betterment of the entire neighborhood? • How will the city define what projects do and do not require a full review as opposed to an administrative review? • What assurance do we have that the city will help encourage the rich diversity of architectural styles that makes Arcadia a vibrant community? We commend the city's efforts to improve the community, however the city should not do so at the expense of increased bureaucracy or more importantly the erosion of the property owner's rights. We all want a better community, but harming property owners is not the way to do that. Sincerely, ~ ~ d~i v ~" %~ ~ / . Yage 1 0l i Donna Butler From: Tony Henrich [thenrich@altrionet.com) • Sent: Friday, September 02, 2005 12:00 PM To: Donna Butler Cc: bkelly@c.i.arcadia.ca.us; Don Penman Subject: Draft Architectural Guidelines Donna -- As I mentioned the other day, the draft guidelines are simply excellent. Well done and complete. Bob Erickson called yesterday and also stated that they were outstanding. Please express our appreciation to everyone on the committee. I hope to have everyone's comments to me this weekend (if any). One thought that I had was to start off on pages 2 and 3 with an array of photos showing some of the great, great homes in Arcadia - - that lead to the saying -- "A Community of Beautiful Homes". The headline at the top might simply say -- A Community of Beautiful Homes. The bottom might say - Following a tradition of excellence. These homes would set the flavor and goals of the Guidelines. Pages 4 and 14 does show some of the desired homes and should stay as is. Again, the Guidelines very much support our efforts on the ARB's. We would be happy to help in anyway we can to get this approved by the council. We thank you. Tony Henrich ARB Chairman Rancho Santa Anita Residences Association • ~ 9/6/2005 • 6~E~~R4~E~ / ,. ~ ~~ ocr ~ y 2QO~ ~a,:::n ~ ~'0@IIIJRF`^ ?f','`qi ~~Rf!^ o Association of ~1Z,ealtors ~ " L~:"'` ~~ ~° G~m;y~~,~ October 14, 2005 Donna Butler Community Development Administrator City of Arcadia 240 W. Huntington Dr. P.O. Box 60021 Arcadia, CA 91066 Re: Architectural Design Review Dear Mrs. Butler: Per your request, attached is a complete review of the Architectural Design Review plan. The review is in two parts, first addressing issues with the proposed lext of the ADR, and the second part addressing issues with the proposed Handbook. Whereas the Arcadia Association of REALTORS~ commends the city for its efforts, we feel that these issues need to be addressed. • Summarizing our arguments, you will find that there are a few key components we would ]ike to see the city address: • The definitions and fees associated with the Administrative Review & the complete review need to be further delineated so there is no confusion; • Properties in escrow must be automatically placed under administrative review, so that there is no delay in the escrow process as a result of this proposal; • Properties in escrow should not be subject to the review fee, especially if it would normally be a part of an Administrative Review; • Properties being rehabilitated by investors should have a fast track approval process, since their efforts aze rime sensitive and 'unprove the quality of housing in Arcadia; • Since this proposal requires the hiring of a new person, there is no reason why this review process can not occur concurrently with any building department review; These concerns aze very valid, very real, and address the issues that REALTORS~ would begin to address the problems that REALTORS~ have with this proposal. We thank you for your time and consideration, and you may contact us with any questions you may have. Sincerely, ,~ /~~~2 ~* - ~ v~"7~``~,5,~•°1-c~- Mary Rov~o • Executive ice President Arcadia Association of REALTORS~ ~ 601 South First Avenue, Arcadia, California 91006 ~ PH (626) 446-2115 FAX (626) 446-4072 ~ www.TheAAR.com Email: contactus~theaar.com `°"•`"°":'"` OP~ORLVMIi• REAL70R~ Arcadia Association of REALTORS~ ~ Evaluation of City of Arcadia Architectwal Design Review Proposa] The Arcadia Association ofREALTORS~ applauds the city's efforts to improve the quality of housing in the city of Arcadia. A vibrant, attractive community is the comerstone to the success of our region. However the recently proposed Architectural Design Review Proposal raises several questions that need to be addressed by the city and staff before it should be formally proposed to the community at lazge. This document serves to pose some of the questions that should be answered by the city when considering this proposal. Promoting an incomplete proposal, or one that leaves too many questions unanswered, wi141eave the community conflicted over supporting such a proposal. Evaluating the proposa] will do so in 2 parts. The first will examine the text of the proposal as put forth by the city. The second will examine the Design Guidelines booklet as prepared by the city. In total we hope to address most of the issues that aze likely to arise as a result of this proposal, in order that the city can better address the issues before they become problems. Evaluation 1 Evaluation of Proposed Chanees to'Arcadia Municiaal Code Code Section Pro osed Chan e Concern 9295 B Allow diversity of style while Does the proposal address promoting the positive design properties throughout the city, or characteristics existing just those that aze not covered by throughout the City. homeowners associations as has been re orted? 9295 D a. Encouraging excellence in Who will be responsible for architectural design that: a. Will deciding what design elements enhance the visual environment promote such activity? and chazacter of the communi ; 9295 D b. b. Will preserve and protect T'he freedom of the property owner property values; , to enjoy his property free of encumbrances is one of the key components in preserving property rights. 9295 D c. c. Is sensitive to both the site and How does this differ from existing . its surroundings; standards set through current zonin code definitions? 9295 D d. d. Has been cazefully considered This could hinder the differences in with well-integrated features that new schools of thought on design express a defmite architecriual elements, and does leave a style. tremendous amount up to a subjective interpretation on the issue. ~ C~ ~ • • Arcadia Association of REALTORS~ Architectural Design Review Evaluation (cont.) Code Section Pro osed Chan e Concern 9295.1 exc. 3 However, the Associations shall Does this set a separate standazd of use the Design Guidelines as compliance and a separate process well as the association's for people that live in the city resolution in their Design designated homeowners association Review rocess. areas? 9295.5 exa 2 (not a change) This seems to reiterate the above questions of separate standazds and processes with regards to where a citizen lives. 9295.8 A. Preliminary consultation shall be If there is another planner being initiated by requesting an hired to handle these issues, appointment with the couldn't the azchitectural design Development 5ervices Director review process and the planning or a planner in the Community review process occur concuaently? Develo ment Division 9295.9 A. 1 Administrative Review - single- This should be made cleazer to state family dwellings. that these changes would be an administrative review so that it isn't left up to interpretation. Furthermore the costs involved in an administrative review should be set, and should be less than a regulaz review. This section should also include a ministerial approval of replacing any exterior materials compromised because of natural damages (termites, a e, wind, sun, etc.) 9295.9 A. 2 Regulaz Review This process again should happen concurrently with any planning review processes if there is a new planner being hired to administer this program. Additionally special consideration should be made for any project being submitted as a condition of closing escrow. Finally consideration for an expedited approval process should be made for any property that is damaged by fire, earthquake or offier disaster. The three most important issues to arise out of this proposal are: 1.) The review process should be able to occur concurrently with any planning ~ reviews conducted by the city, and; 2.) There should be consideration given to properties that aze trying to get projects approved as a condition of the closing of escrow, and; 3.) Consideration for repairs done due to damage incuned to the property. These three issues would help resolve many of the issues involved with this proposal, and allow the flexibility necessary to work with the unforeseen unintended consequences of this proposal. Evaluation II Evaluation of the Proposed DesiEn Guidelines Location Guideline Concern Page 3 Approval is required for all Shouldn't this state that the process exterior work requiring a is only required for those areas not building permit for single-family covered by a home owners dwellings and accessory association? buildin s. Page 3 The guidelines also apply to This is a very subjective statement exterior paint colors and and could lead to many individual materials to ensure compatibility challenges to the design elements and harmony with the used by neighbors. nei borhood. Page 4 The purposes of the Single- The same concerns exist as in the Family Residential Guidelines concems outlined with items 9295 are to: D a. through 9295 D d. in Evaluation I Page 5 Mass and scale Applied through subjective intent this could create problems with floor azea ratios and volumetric concems. This should be tightened to not preclude people from developing their properties to accommodate their lifes les. Page 5 Front entry While we k~ave been made aware of the concem this is trying to address, the subjective nature of this statement may create problems down the line. Page 5 Architectural style and design Through fiuther explanation t6is recommendation has become more acceptable, however the issue of complementary with the neighborhood should not be subjective enough so as to deny new design elements from entering a nei hborhood. • . u • ~ Arcadia Association of REALTORS~ Architectural Design Review Evaluation (cont.) Location Guideline Concern Page 5 Colors and materials The implication is that if the colors are not the predominant colors in the neighborhood, they can not be used. This could preclude a number of potential projects from occurring, and in one neighborhood could theoreticall chan e over the ears. Page 5 Landform and tree preservation Does this mean that if a new accessory building, or an addition to an existing building, would result in the removal of plant life that the ro~ect could be denied? Page 7 Site Planning The required relationship between all elements of a property (open space, entry, etc.) may cause problems when adaptations of a property for Americans with Disabilities Act concems aze involved. The Guidelines and the proposal should address this exem tion from the review rocess. Page 9 Entry, 1. a. One story Are there azchitectural designs that the requirement of not exceeding 2 feet above the adjacent roof levels would be precluded from this ro osal? Page 9 Entry, l. b. Two story Regulating that entries can not be taller than the level between the first and second stories precludes such azchitectural elements such as columnaz entries, Jeffersonian design and similaz azchitectures that employ taller entries. This should be modified to suggest that unless that entry is consistent with the overall azchitectural style of the building in addition to where it states that in item 2. Page 9 Entry, 3 The example used to illustrate desired depths on page 11 on the right does not appear to comply with desired effects. Page 9 Entry, 4 Entry roofs with varying pitches, such as chalet styles or English Tudor styles should be considered in this re ulation. Arcadia Association of REALTORS~ Architectural Design Review Evaluation (cont.) Location Guidetine Coocern Page 11 Massing, 1. Scale With the changing needs of this region's families, limiting the massing of a property could unfairly stigmatize a property, and tum away prospective citizens who would otherwise be adding to the overall property values. The proposed "human scale" bazometer is very subjective, and doesn't consider the importance of reservin ro ert values. Page 11 Massing, 2. Design Elements e. Whereas many of these suggestions aze amenable to a better looking neighborhood, Cantilevered forms aze a common element of modern architecriue and shouldn't be precluded, furthermore some upper reaz balconies could be considered cantilevered forms and those elements shouldn't be automatically discounted. Page 13 Massing, 3. Roofs a. Roofing materials should not be precluded because of a lack of a design element, some roofs, and some residents, can not afford more dramatic desi elements. Page 13 Massing, 3. Roofs b. Tlvs suggests that Chalet, some. Tudor and other common designs will not be allowed in the city of Atcadia. This is limiting the types of designs allowed in the city. Page 13 Massing, 3. Roofs d. Would the use of roofs to conceal rooftop equipment include solar panels and other state encouraged natural energy saving / generating com onents? Page 13 Massing 3. Roofs e. This component seems relatively arbitrary and precludes many design styles and elements. Copper roofs, and other long accepted designs would be disallowed under this proposal, which is not the ex ressed intent of the ro osal. Page 14 Faqade Design It should be noted that the top picture features a roofline that has varied pitches, an element that is eazlier decried. • • ~ ^ ~ L~ e.~~~;~ n~~~~;at;nn nfRFAT.T(lRS6~1 Architectural Desim Review Evaluation (cont.) Location Guideliae Concern Page 14 FaGade Design, 4. The restriction on continuous bay window height hinders the ability to use natural lighting on staircases, and is incidentally featured in the to icture on a e 14. Page 15 Examples Deriding some designs, primarily the top center and top right homes as having insensitive massing and lack of interesting and flat approach o faqade design suggest that their design styles, which aze more modern and nouveau art deco in appeazance, would be prohibited by desi review. Is this the case? Page 16 Detail, 1. Does this architectural detail consistency apply to or stand in contrast to the regulations on high entries? Page 16 Detail, 2. Windows and Doors b. Replacement of aged or damaged window and door elements that are current equivalents should be allowed as they are not changing existin character of the ropert . Page 16 Detail, 2. Windows and Doors c. What is the reasoning for this re uirement? Pa e 16 Detail, 2. Windows and Doors d. A ain, this seems unnecess Page 16 Detail, 2. Windows and Doors e. Many signifrcant architects have utilized much lazger expanses of windows and panes, Eichler, Frank Lloyd Wright and even Greene and Greene have all ¢tilized large windows. These elements seem to be designs that the city of Arcadia should encourage for their visual and archifectural a eal. Page 16 Detail, 2. Windows and Doors f. Again, high horizontal windows can enhance the appearance of staircases, and other home elements and should be considered in the review rocess. Page 16 Detail2. Windows and Doors g. Unique and Decorative Doors have been shown to be elements that can greatly enhance a properties value. Does this stand in contrast with the intent of this ro osal? Page 16 Detail, 3. Eaves b. Fascia boazds should compliment design sty[e, not opinions. Arcadia Association ofREALTORS~ ArchitecturaTDesi 'ReviewEvaluation (cont.) Location Guideline Concern Page 19 Materials & Colors, 6. Whereas pure stucco homes are not the most visually appealing, in many cases they are the most efficient in dealing with the elements. Automatic rejection of such structures is ill advised. Page 19 Materials & Colors, 7. This suggestion precludes Victorian, eazly New Orleans design, and many modern azchitectural design elements. Discouraging bright colors primarily whites precludes Cape Cod designs, as well as Mediterranean designs. Again this proposal is in contrast with the implied intent of allowing diversity of desi Page 20 Materials & Colors, 16. Glossy or glazed materials on roofs, such as those used in Mediterranean designs, are consistent with an azchitectural style and should be considered a art of that st le. Page 23 Design Review, A. The compatibility with the neighborhood again poses the problem of items being up to personal interpretation. This also leads to the potential of individual challenges to a nei bor's decision. Page 24 Design Review, C., 2. b. Reviews done during escrow should be considered for an administrative review, or given special attention due to the nature of state laws on real ro ert transactions & timin . Page 24 Design Review, C., 2. b.- Revised plans should be considered in a shorter order than 30 days if it is going to prevent the progress of a project, especially if the original lans were a roved already. Page 24 Design Review, C., 2. c. Who initiates a further review? Would that be done simply by the petitioning party, or could a neighbor protest the project and ask for the city council to vote on the ro ect? Page 25 Design Review, C., 4 The fees need to be established and stipulated before support could be iven to this ro'ect ~ ~ . • Arcariia A~~nciation ofREALTORS~ Architectural Design Review Evaluation (cont.) Location Guideline Concern Page 25 - 26 Design Review, C., 9. a. Upon appeal, who is allowed to comment in a public hearing? Can neighbors protestthe plans submitted by a neighbor? Does the petitioning pazty have to notice nei bors in the case of an a eal? Page 26 Design Review, C., 9. b. If an appeal is granted, is the appeal fee retumed to the petitioning party? If it is decided that the lower decision isn't to stand, that fee should be afforded back to the etitioning art . Page 26 Design Review, C., ] 0. c. The penalties discussed would be assessed in what manner? Would the city conduct regulaz reviews of local projects and then assign violations? If so who would be res onsible for this enforcement? . Summarv The Architectural Design Review is a proposal that could be a great step towazds a positive relationship between the community and the homes in a neighborhood. However the rights of the property owner need to be kept in mind. The needs and values of the current residents, and potential residents, of Arcadia should be first and foremost the concems used when assessing the design review process. The subjective opinions of an employed position within city govemment should not take precedence over the priorities of the community itself. Some of the proposals here lead to that perception. Further discussion over issues such as Duty of Disclosure, Properties in Escrow, the effects on rehabilitation investors, the preclusion of certain buying populations, the stigmatization of properties, the issues involved with applying this process to certain ueas in the city, and others should all be considered with regazds to this proposal. More consideration should also be given to what fees are appropriate, and how they should be set. Sepazate fees should be set for Administrative Reviews and Regular Reviews. Additional consideration should be given to the effects of the appeals process, and the fees involved with that process. Should prevailing appellants be reimbursed the appeal fee? Should successful appeals stand as statutory for future similaz appeals? This proposal is interesting, and could be very positive for Arcadia. However there are many problems existing with its current form that need to be addressed. The Arcadia • Association of REALTORS~ offers its services to assist the addressing of these issues, and looks forward to being a part of the process that addresses these changes. rage i ot i Donna Butler From: Chip Ahlswede [Chip@schubertpa.com] ~ Sent: Monday, September 12, 2005 2:31 PM To: Donna Butler Cc: rovarino@theaar.com; philomena@theaar.com; irvtons@aol.com Subject: Architectural Design Review Donna: Attached is the list of topics we had hoped to discuss at the meeting on the 18th. As you can see there were many more issues than we were able to get to in our meeting. Since our meeting we have been trying to assemble a point by point review of the proposal as it is written with our concerns. We anticipate having that done soon. However we do have our state organization's annual meetings in mid September that will take us away from working on this issue. Please understand that while some of our commenls were addressed, they weren't all addressed. While we spent a great deal of time discussing the disclosure issue, there were many more issues that we had intended to get to before the end of the meeting. We will be placing these concerns in a point by point Please feel free to pass these along to the members of the commission as you see fit. Sincerley, Chip Ahlswede Government Affairs Director Arcadia Association of REALTORS(R) \ J ~ 9/12/2005 Arcadia Association of REALTORS~ • Architectural Design Review Committee Meeting August 18, 2005 10:00 am Arcadia City Aall Discussion Points The putpose of this meeting will be to hash out the specific issues that exist with regard to the proposed Architectural Design Review Board for the city of Arcadia. There shouldn't be an expectation that al] of the issues presented will be addressed at this meeting, however there is an opportunity to begin the dialogue regarding this proposa] that can illuminate the azeas where this proposal can work, and where it falls short in an effort to resolve all of the issues with this proposal. 1) Define problem a. What generated Yhe attention to this issue that created the proposal? b. When did this issue first become a problem? c. Where are the examples of this problem? i. Can we visit these problem properties to address the problematic components of the design? d. VJhy are these properties a problem? e. Where are the concerns coming from? . 2) Address Solutions a. What has the city done prior to this to address these problems? i. Is this possibly jumping the gun on potential solutions? b. What has the community response been? c. What other options aze there to solving this issue? i. Is it necessary to go to such an extreme level? 3) Address Extent of Coverage & AuthoriTy a. Who will and who wil] not be covered by this proposal? i. Exisring Individual Homes? To what extent? ii. HOAs? To what extent? iii. PUDs? To what extent? iv. Existing Multi-Family dwellings? To what extent? v. Mixed Use Developments? b. What about differentials beriveen HOA & City regulations? 4) Discuss Community Notice a. What sort of outreach to the average homeowner has there been on this issue? 6. What sort of input was allowed from the homeowners? c. What opportunities exist now for community input? i. Will the city be looking for such input, or will that wait unti] the council considers the issue publicly? C~ 5) Layout concerns regarding impacts on homeowners a. Increased cost of housing ' • i. Increasing costs of repairs drives up the cost of a home's operation. This may deter needed upkeep to properties longer than it should. b. Increased cost of repairing ones home i. Outside of upkeep, problems arise in a home's life that need to be addressed, roofs, windows, insulation, all would be affected. c. Increased costfor contractors i. Contractors will have to be familiar with Arcadia law, which will malce their cost to the homeowners go up. d. Increased restrictions on use i. Many people bought under the understanding that they could rehabilitate their property to their own desired levels. e. Unfairly stigmatizes properties i. Properties will be seen as difficult to work with, deterring potential residents from purchasing in the city of Arcadia. 6) Layout concerns regarding impacts on rehabs a. Many investors and homebuyers are looking to repair homes that have fallen to disrepair, both as a wa~~ to enhance value, and afford to buy in a community they otherwise would be unable to afford. i. Buyers will look elsewhere, look at surrounding communities with equally stringent requirements, and local sentiment towards those communities. b. The exterior of a property is one of the primazy factors in addressing a properties . worth, inhibiting an owners ability to rehabilitate that portion of the property in a timely fashion would deter a number of potential owners, because of the costs involved, namely: i. The costs for the repairs ii. The costs for the permits iii. The costs related to the permit period l. Increased mortgage 2. Increased interest 3. Less time to adequately mazket c. This proposal could leave properties in disrepair in a poor state longer, resulting in a declining neighborhood appearance i. Broken window theory • 'n Layout concerns regarding impacts on transactions ~ a. Time constraints i. Seventeen day period ii. Reasons for needing to move b. Cost constraints i. Transactional differences ii. Increased cost for many repairs c. Requests for repairs i. Examples of typical costs requested that would be involved in a transaction that would be subject to the review process 1. Insulation (exterior cutting) 2. Windows 3. Termite remediation 4. Facea replacement 5. Repainting a. Address color issue 6. Replace siding / decorative elements 7. Roof repairs 8) Layout concerus regarding vague nature of proposal a. What will be the guidelines for approval? b. Whose discretion will this be left up to? c. What will constitute what type of review? • d. i. Administrative or Detailed process? What will constitute what cost? i. How much would each cost be? e. How would costs & time be assessed? i. By project? ii. By companent of project? iii. By right? f. What appeals process is there? g. Who reviews the appeals? h. What guidelines exist for the appeals? i. Who covers costs of appeals that aze allowed? j. Could this process be better spelled out as to it's approach? k. Could this laid out proposal be reviewed? Why can't this process occur concurrenUy with planning's review? i. If money is being requested to hire on an additional staff inember, why couldn't that person review the design elements while the building department reviews the structural elements? There are many concerns that are involved with this issue, all of which need to be addressed. This meeting is an excellent opportunity to begin to address those elements, as wel] as find ways to make this proposal workable for everyone involved in the process . The ultimate goal is to find the best solution for the people of the community of Arcadia. ~ ~ ~~,~zC~. ~ FF ~ ~r rc~ i~ S~~ iz~~Q~ ~aa~ i~~, ,.._ ~ ..,..;~i;'.l .~n: _Ga;° Association of 1~,ealtors ~ ~ September 9, 2005 MARY ROVARINO, RCE Executive Vice President, RCE Plamiii~g Commissioi~ c/o Donna Butler Community Development Administrator OFFICERS Cjt)~ Of AI'CBdI~ HELEN CAO ~ ~~4~) W. HL111tlIlQtOll Dl". P~esidem P,Q. $OX ~~~~~ RANDALLTRAW ~AiC3CIlfl, CA 91O~G . President-Elect ~ JENNY HSIEH Re: .Architectural Desi~n~ Review Vice President Dear members of the Planning COl'ililllSSlOlti ~ RICHARD H. STONE Secretary/ireasurer Followin~ a successful and positive meeting with the city st~ff reearding DIRECTORS the proposed Ardiitectural Design Review pro~~ram of the city of Arcadia, wc were a~le to mal<e some areat~headway towurds resolving the Harold Baerresen ~utstandim~ issues iirvolved in the ro ~osal. This letter is to advise ou of ~ ~ y Lou Jean Barnes Patricia Dmytrow a our current efforts, and to request ~further cooperation with tlie Arcadia Michael Fedisi Association of REALTORS HO on this issue. Jim Han George Monte Henry Nunez Some of the issues that were~discussed at our meeting were: Joan 0'Rourke Kelvin Wong . • Disclosure requirement on real estate agents; C.A.R DIRECTORS • Affects of these regulations on properiies in escrow; • AfSects cn lhe stigma of properties under ihese regulations; Heien cao Patricia Dmytrow • lnteractivity wich the Homeowners .Associatioii covered azeas; TerryO.Eadl • Applicationofregulations; Michael Ferlisi ~enny Hsien • Incomplete standards for ministerial vs. complete review process. RichaM H. Stone ~ Randall Traw KeWin Wong ~ . The result of our meehnv was that the city was going to renirn and try and resolve the issues that exist as best as possible. The REALTORSOO at the same time will review the ~proposed document-and define til l of the areas C.A.R. DIRECTOR FOR LIFE where there may be conflicts. inconsistencies, or omissions regardin~ the Gordoo Maddock ~~pp~~cation of this proposal as it relates co real estate. The REALTORS~L<~ have been reviewing this proposal as requested, and at the same time have reques[ed of tlie attonieys from the California Association of REALTORS~~j> an advisory on the disclosure requirements • • ~ 601 South Firet Avenue, Arcadia, California 91006 ~ PH (626) 446-2115 FAX (626) 446-4072 ~ ~ www.TheAAR.com Email: contactus~theaar.com W~»~~+~~_ REALiOR~ o~.u.nr of this process. l~%e anticipate having a compiete review ready in the near • future. We would lilce to ask the Commission to table the discussion of the Architectural Design Review unti] sucl~ time as we have a complete review of the ADR Proposal to present to the commission, as well as a leeal opinion regarding disclosure requirements. We anticipate having these steps coi~lpleted in the upcoming weelcs. The next scheduled meeting Tor the plarmin~ commission (September 20) occurs during the California Association of REALTORSOO state convenlion in Sa» Diego; an event tllat wil] require tl~e attendance of the leadership of the Arcadia Association of REALTORS~. We request that you table discussion of this item until the first meeting following that time. Thank you for your time, consideration, a~~d cooperation as we work ro come to an amicable solution to this proposal. Sincerely, A ~,%J 4~ l'~(SGC,cf'~'~ Chip Ahlswede Government Affairs Director ~ Arcadia Association of REALTORSrJ ' ~ • • 0 3 ~ r°~. `~ . ~ Q , ~ O ^ bq O ~ U ~ ~. w ~ v~i ~ `~ q ~ " y ,G ~ ~ O u i ~ ~ a~~+ ~ ^ ~ p A y ' ., ~ ,~ u N p.,, ~ , ~ W N .S i S'+ !" 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'C Q+ i~-. ^' ~~ O N 4i ti ~ r~ N •~~ '3~4~N ~~p c~d.~^ N¢C O ~ ~] V y'tf ~ O ~ O, aNi 'G ~ « Fx ,L' '~~' U i.. y GJ 'O ~ U ~ 'Y „ a~ v~ p, ... ~:. a ' ~ w Y o~ o (~ o'~ ~~ ~ a~ i ro~ w on w~ o ~~~ >, o,~ °p, ~ p •" Y '~ .o o ~ '~ > .ro v °~ b U ° N~ ~' a~i > °J o m . p" ~ p~ Q~ c~~C ~ j GL~. N ~ b ti s~., ~ Q b `.~. ~ N~~~ ..C b~A'~ by0 ~'O p c~ c~0 . ? ~ ~ ~ ~ ,~, y~ti 3 A ~ o b ~ ~ ~ ~ ~'ti ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ b ~ W ¢~ y~ b b c~tl y ~~ c~j .~p a° b y ~~ •° o 0 3 ca~i ~~ E~"' ~ O ni ~J .~ S,' O v, N.C O 0 >.~ U v, y r. ~- 4. G' p~ y • L1 ~C y'O a~ Q,~~~y, '~O~ Q" c~d C, Q p O~ id C1 .~ v'i w ~ W L ~ ~ ~O ~ ~ ~ ~ ~ fd ..~i ~+ ~ U -S~i C~C ~ ~ ~ ~ ~ ~C ~~ ~ ^ V1 CO Y ~ y O ~ ~ ~ ~ N ~ ~ ~ O ~ ~-+. • ~ ~ ~ ~ ~ C~ m v' 'O ~~ p N.O .£ o~ ca C~ V~n O p`i' y C(n V~~ y G, ~• C E ~ ~ ~ C G' '~ ~ N i~-' '~" O ~ v~ 'C ~ ^~.., p C~ y O'O >.+ N p v~ F.°~ c~'a o a. w ~ o ~ d.~ c~ H~° N b~9 c0 ~ PLANNING COMII~IISSION MINUTES September 13, 2005 1. CONTINUED PUBLIC HEAItING TA 2005-04 • Consideration of a text amendment adding regulations to the City's Architectural Design Review regulations (9295 et seq.) requiring design review for single-family residential uses and adopting related design guidelines. The staff report was presented. In answer to a question by Commissioner Baderian, Ms. Butler said that the public hearing for this has been scheduled for the City Council November l~` meeting. The City Council has expressed a desire to proceed with this process. It is anticipated that, if approved, this would become effective in January. She e~lained the steps that would need to be taken to meet the above deadline. She indicated that after the public hearing, Ciry Council would need to adopt the ordinance. If the ordinance is brought to the City Council at the same time as the hearing to be introduced, then at their following meeting they would adopt the ordinance. The ordinance becomes effective 30-days after adoption. Don Penman, Assistant City ManagedDevelopment Services Director, indicated that typically the ordinance is not introduced at the same time as the public hearing. It is usually brought back to the City Council at the subsequent meeting. Keeping that in mind, it is anticipated that this ordinance would become effective in January. The public hearing was opened. ~ Chip Ahlswede, 601 S. First Ave., Arcadia Assoc. of Realtors, Government Affairs Director, said that after meeting with staff on August 18'~', they would like some of the issues addressed. They aze asking the Planning Commission to postpone their decision and eacplained that they would like to meet with their boud of directors for their input. Because their annual meeting is scheduled at the end of the month, and most of their members will be out of town until September 29~', they would like the Planning Commission to cotrtinue the hearing. They are working on a preliminary set of changes. Irv Ton, 77 W. Las Tunas, Arcadia Board of Realtors, submitted the letters from several city residents. He commended staff and the Planning Commission for trying to do this but he disagreed on how it was being done. He wanted to get a line-by-line clarification and review of what was being proposed. He was surprised that there was no one present to comment on this, considering on how many homeowners this would affect. This proposal kias as much of an impact, if not more; as the proposed project at the Santa Anita Race Track and he could not understand why the residents were not in attendance. No one else spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Olson to close the public hearing. The motion passed by voice vote with no one dissenting_ ~ Arcadia CiTy Plamimg Cmumission 2 9/13/5 ROLL CALL; AYES: Commissioners Baderian, Hsu, Olson, Weq Lucas ~ NOES: None In reply to inquires by Chairman Lucas, Ms. Butler said that per the requirement of the Arcadia Municipal Code, the public hearing notice was published in the local paper for the July 12`h meeting. In addition, there was a press release, broadcasted through Arcadia Mail, the notice and the guidelines were pubIished on the city's website. Also, notices were sent out to the Arcadia Board ofRealtors, Chamber of Commerce and the e~cisting Homeowners Association. The Arcadia Chinese Newspaper published an article regarding this issue. The city will be notifying all residents within a 1,000' radius of the Santa Anita Race Track for the proposed development. , Commissioner Wen recognized the need to have architectural design review for the entire city so there would be consistency. So, the issue to consider is the te~ct of the document and not whether the process is needed or not. He thought that the guidelines were very well thought out and pointed out that these are oxily guidelines and not wde. Commissioner Baderian felt tt~at it is important to haue input from the community. The City Council warns recommendation by the Planning Commission in a timely manner. He felt that ample time has been provided for comments and this cannot be continued indefinitely. He believed that they should make a decision and forward it to the City Council and additional input can be taken by the City Council at their hearing. He indicated that additional comments by the Board of Realtors could be transmitted through electronic mail and then forwarded to the City Council. He pointed outlhat the letters that were ~ submitted were mostly by realtors who reside in the city. Commissioner Hsu said that when this was presented to them in July, he was in favor of the guidelines. Although, at the time, he felt that they should postpone the decision to give the public time for input. He now feels that they have achieved that and was ready to forward this to the City Council: Commissioner Olson said that they have spent many hours on this and it has already been postponed for two mornhs. Per their direction, staff met with the realtors and it is now time to make a decision. He noted that there will be another public hearing scheduled before the City Council and additional input can be taken in. He felt comfottable with this process. He was not convinced that having architectural design review would cause any problems with escrows, considering that there are many other cities that have these types of processes; some of which aze more burdensome. The time frames of the guidelines that the Homeowners Associations follow are different and tend to be longer than the proposal. He was in favor of coming to a consensus and forwarding this to City Council. In reply to a comment by Commissioner Baderian, Ms. Butler said that a suggestion was made by Beth Costanza, Director of the Chamber of Commerce to include floor area ratio (FAR) because she did not feel that these guidelines went far enough but staff thinks that the city's regulations combined with these proposed guidelines will suffice. At a later date, if it is deternuned that additional regulations are needed, or any change is in order, these guidelines can always be amended. Mr. Penman stated that the City Council held a study session and staff was directed not to look into FAR, although there is nothing that,precludes the Planning Commission from recommending it to them.. Arcedia City Plaming Comarieaiou 3 ~ 9/13/5 FAR has also been rejected by the £ive e~cisting Homeowners Associations because they felt that they have ample fleaibility with the existing regulations. ~ Commissioner Olson was not in favor of a FAR. He thougirt that these guidelines would have far greater impact. He felt tt~at it is not the square footage of a house, but the e~cternal appearance, which FAR fails to address. He thought that FAR will just be an extra burden, whereas, the proposal would be the best way to address the issues and will provide for a much smoother process. Ms. Butler indicated thst the City Council could amend the guidelines by changing the resolution. MOT10N: It was moved by Chairman Lucas, seconded by Commissioner Olson to recommend approval of TA 2005-004 to the City Council. Commissioner Baderian suggested that staff communicate this proposal with the community and that there be an opportunity for the public to provide their input. Ms. Butler explained the various avenues of publicizing this to the residents. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None ~ ~ Arcedia CiTy Plaming Cmnmisaion 9/13l5 PLANNING CONIl~IISSION MINUTES JULY 12, 2005 2. PUBLIC HEARING TA 2005-04 ~ Consideration of a text amendment adding regulations to the City's Architectural Design Review regulations (9295 et seq.) requiring design review for single-family residential uses and adopting related design guidelines. The staff report was presented. In answer to a question by Commissioner Hsu, Ms. Butler said that a cost analysis has not been prepared deteanining application costs. ~ The public hearing was opened. Chip Ahlswede, 601 S. First Ave., ,Arcadia Assoc. of Realtors, said that they did not submit a letter in favor of the proposed te~ amendment. Commissioner Olson remarked that he received an e-mail from the title company, that received the letter from the Board. Mr. Ahlswede explained that this was an intemal e-mail intended to inform the members of the proposa] and not intended as their approval for the change. He explained that he is the Director of Government Affairs and feels there wouid be many consequences to this telct change and that it would be detrimental. The design review process would make it more difficult to obtain pemvts and it is just a lot of "red tape". This will scare off comracmrs as ~ well as buyers who want to move imo the area, who will then move to the surrounding communities that do not have these types of rules. He felt this is redundant, especially, since the City will not approve anything that is inconsistern with the neighborhood. He asked what costs would homeowners and the City incur as a result of this legislation? Without a doubt, there will be a decline in permits and fees to the City, resulting in loss of revenue and property talces. This will t~ave a detrimernal affect on property values, where values will not appreciate as rapidly. It is not the right time to put this burden on citizens of the City. There will be a lot of unintended consequences with une~cpected negaxive results. In reply to a question by Cha'vman Lucas, Mr. Ahlswede said that cunernly homeowners have an option.of living in areas of the City that have arcMtectural design review but this woutd eliminate that option This would place additional constraims. Kelvin Wong, 315 Danimere, said that this would make it more difficult for homeowners to construd. It takes away property rights. They should be able to construct a home, as long as they comply with the building requirements. This would have a negative impact on families with limited income. Randall Traw, 1675 Yia Campa, La Veme, President of the Arcadia Board of Realtors, did not feel that these regulations would be good for the community. These would hinder afl sellers and hurt them financially because it will be harder to sell the homes. Peopie generally do not move on a whim and when they decide to, time is of the essence. Many times people . Planning Commission Minutes July 12, 2005 Page 1 have to do minor improvements to their home, as a result of home inspections and to require • them to go through this process will be detrimental to the sale of a home and they will be unable to comply with the time limitations. These new regulations would have to be disclosed such as the costs involved for improvemems, and the waiting period and this will cause the purchasers to seek homes elsewhere. They would be creating a situation where the city will be unfairly stigmatized as unfriendly due to the lengthy time required to improve homes and the unreasonable delays involved. This process will increase the escrow times. California law provides 1?-days to cancel an offer but with this process the 17-days will not be enough. He wondered who would be policing non-compliance and who would be responsible for determining if the exterior upgades are permitted? The addition of another employee to the City will be costly. The potential negative impact would far outweigh the benefrts. Ms. Butler explained that pairning would not be subject to architectural design review, although, it needs to be compatible with the neighborhood. However, the City will have the authority to address this issue if a home is painted an outlandish color. The azchitectural design review will be for improvements that require a building permit. Mr. Traw remarked that this process would cause undue delays for homeowners, thus, requiring them to extend the inspection period. Irv Ton, 77 W. Las Tunas, Arcadia Board of Realtors, said that although he supported the City's efforts. He wem on to say that there is a shortage of homes in the State. In California, • the supply of homes is low but the demand is high and this legislation will compound that issue because more regulations make it more difficult. The ability to purchase will be diminished. This would create a situation where children will not be able to live in the same city as their pazems because they cannot afFord the homes. When people purchased their homes in the areas of the City that currernly have Homeowners Associations they were made aware of that fact. But these regulations are being placed on innocent homeowners who purchased their homes under the pretense that there is no Homeowners Association. This will decline property sales and values and people will move to where there are less restrictions. He asked if the City is trying to create a homogeneous community? By placing these regulations, thus adding time and cost, the City will in essence be placing a moratorium on development and the general appeal of the City will decline. He also read two letters that they received from homeowners who were against the proposal. Ivan Yeung, 1306 S. Fourth; did not feel that the City should corrtrol what people do with their homes. It is the property owner's rights to improve their property and chose a design of their choice. He agreed with the City's attempts to make things consistem but people should have the freedom. Larry Rovarino, 57 W. Camino Rea1, said that he has seen a great many changes in the past couple of decades, such as very large homes being construded next to very small ones. He felt that cities have a tendency to repeat themselves. The City wouid be spending tax payer's money and he felt that the residerns of Arcadia need a break. r 1 LJ No one else spoke in favor of or in opposition to this item. • MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Olson to close the public hearing. The motion passed by voice vote with no one dissenting. Ms. Buder explained that a number of small repairs can be done over the counter without any delays: For example, changing of fascia boards, roof repairs, window change outs or termite repairs. For items that do requ've architectural design review, staff will have 30 working days to review a project. Most people do not submit for major additions wlule they are in escrow, thus, there really should be no escrow delays. However, many buyers will come in and inquire about what they can and cannot do. She did not believe that this would have any impact on people wanting to buy in the City. The intent of the arctritectural design review is to enswe compatibility of development in the neighborhood and not kiaving something that is complete}y out of character. The City does not want homogenous developments. Currendy, staff does not perform azchitectural design review on homes in areas of the city that do not have these guidelines because staff does not have the authority to do so. While staff does look at design of the homes, they can onl"y make suggestions but there is no guarantee that the homeowner will conform. The proposed ragulations wil[ provide guidelines where there aze none existing. If this is approved, plans would need to go through architectura] design review prior to being submitted for plan check; which is the same procedures as homes in Homeowners Association areas. She indicated that fees have not been established yet. Commissioner Baderian thought that it is important to be as inclusive as possible. The ~ Planning Commission has been in favor of a process that will add to the quality of life in the City. He thought that staff should meet with the realtors and explain the process to them. Chairman Lucas wondered if the same type of procedures that are currently utilized by the Homeowners Associations could be used? Ms. Butler,replied that this process is not requiring the notificaxion of any neighbors, whereas, in the aurent Homeowners Associations this is a requirement. In the Homeowners Associations, an Architectural Review Board member reviews the plans but in the city proposal staff would be conducting the review. The rime frame would be the same as the current Homeowners Associations, although, staff does not anticipate that all projects will take the fu1130-working days to review. In answer to questions by Commissioner Baderian, Ms. Butler indicated that the new guidelines will be posted on the website. The city also has other methods of informing the residents of the new guidelines, such as the Quarterly Newsletter, The Hot Sheet, press releases and advertisinginn the water bills. In additio~ staff will notify the various Homeowners Associations as well as the Arcadia Board of Realtors. There is no deadline to have the guidelines in place. A tentative public hearing has been scheduled before the City Council at their first meeting in September. • Chairman Lucas indicated that in order to maintain the community, standards have to be set ~ forth for all to follow. He thought that a general set of architectural design guidelines for residential properties is an essential step towazd that goal. Everyone's input during this process is extremely important. Commissioner Olson said that staff has done a good job and he appreciated the input from the audience. He did not think that this will decrease property values or delay escrow. He suggested that the fees would be minima] and felt that $300-$400 would not have a negaxive affect on a transaction. He thought this was a positive step. Commissioner Hsu tbanked staff for preparing this comprehensive plan, which he did not consider very restrictive and allows for creativity and does not stifle style. He viewed the guidelines as a tool for the City to minimize bad development. Commissioner Baderian supported the guidelines and wanted to move forwazd with it. He strongly suggested to staff to hold meetings with the realtors, developers, architects and contractors and get thev input and feedback. He wanted to see the results of this meeting prior to forwarding the commissioners recommendations to City Council. Commissioner Wen agreed, especially since there is no set deadline. He felt that input would be helpful. He thought it would be better to delay this rather than rushing imo it. Commissioner Olson concurred. He was interested in seeing the result of the proposed • meeting. Chairman Lucas suggested having this come back to the Planning Commission on September 13'~. Don Penman, Assistant City Manager/Development Services Director suggested continuing the hearing to avoid having to re-notice the public hearing. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Olson to continue the public hearing to September 13, 2005. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None • A ~D \ /. DECLARATION I, ~~~~~.~p ~~yq~(~(j~~N , hereby declare that I am over 18 years of age and not a party to the within matter; that my business address is 240 West Huntington Drive, Arcadia, Califorrua; that I am employed in Los Angeles County, California; that I placed public hearing notice for ~ o4~~J- 0~ in (application number) envelopes addressed to property owners whose names appear on the attached list supplied by the applicant, which envelopes were then sealed and postage fully paid thereon and on ~obQ ~ oZC7, p2~ ~ , deposited in the U.S. mail at Arcadia, California. I hereby declare, under penalty of perjury, that the foregoing is true and correct. Date: ~~a~e~ 0`1`~~ o2~t- ~ . i Declarant t A ~""`°""u NOTICE OF A PUBLIC HEARING BEFORE THE ARCADIA CITY COUNCIL ~ em.mv.sa•~. Pursuant to law, the City Council hereby gives notice that a public hearing will be held to determine wfiether or not the following code changes should be approved, conditionally approved, or denied: Application No.: Text Amendment No. 2005-04 Lacation: City-Wide Request: Text Amendment adding regulations to the City's Architectural Design Review regulations (§9295 et seq.) requiring design review for single-family residential uses and adopting related design guidelines. Applicant: City of Arcadia Environmental Categorically exempt - 15061(b)(3) Document: Time of Hearing: Tuesday, November 15, 2005 at 7:00 p.m. Place of Hearing: Arcadia City Hall Council Chamber 240 West Huntington Drive, Arcadia, California The file is available for review at the Pianning Services office. This case will not alter the zoning of any properly. The purpose of the Public Hearing is to provide the public an opportunity to be heard concerning the proposed text amendment. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed text amendment. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to the proposed text amendment you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. Persons wishing to comment on the te~ amendment may do so at the Public Hearing or by writing to the Community Development Division prior to the November 15 Public Hearing. It is in the best interest of any concerned party to be present at the Public Hearing. In compliance with the Americans With Disabilities Act, if you need special assistance to participate in the Public Hearing, please contact the City Clerk's Office at (626) 574-5455 at least three (3) working days before the meeting. This notification will help city staff in making reasonable arrangements to provide you with access to the Public Hearing. For further information regarding this matter, please contact Donna Butler by calling (626) 574-5442 in City Hall or by writing to the Community Development Division at 240 West Huntington Drive, P. O. Box 60021, Arcadia, CA 91066-6021. Arcadia City Hall is open Monday through Thursday, from 7:30 a.m. to 5:30 p.m., and on alternate Fridays from 7:30 a.m. to 4:30 p.m. Vida Tolman Chief Deputy City Clerk/Records Manager Publication Date: October 24, 2005 .a~~~ . ~~~ . ....u.y ...rvv.nrv.y.wm Us,e Avery~ TEMPLATE 5160~ 1-800-GO-AVERY ~ AVERY~ s~eo~ J~FF BOWEN ~CADIA CI3AMBER OF ARCADIA ASSOC OF ~°i 1919 WII.SON COMMERCE REALTORS ARCADIA CA 91006 388 W AUNTINGTON DR 601 S FIRST AVE ARCADIA CA 91007 ARCADIA CA 91006 RALPH BICKER VIl2GINIA RUSSELL JOHN SCHIAVONE 101 WHITE OAK DR 1130 W ORANGE GROVE 1005 HAMPTON RD ARCADIA CA 91006 ARCADIA CA 91006 ARCADIA CA 91006 LEONA WARDEN GARY DORN KEVIN TOMHINS 1120 RObEO RD 1410 RANCHO RD 524 N ALTURA RD , ARCADIA CA 91006 ARCADIA CA 91006 ARCADIA CA 91007 TONY HENRICH PAM OLENDER LAURIE THOMPSON 431 N ALTURA RD 1000 CORONADO DR 229 ALTURA RD ARCADTA CA 91007 ARCADIA CA 91007 ARCADIA CA 91007 CHIP AHLSWEDE HELEN CAO ~i MARY ROVARINO GOVERNMENT AFFAIRS DIRECTOR PRESIDENT EXEC VICE PRESIDENT PACIFIC WEST ASSOC OF REALTORS ARCADIA ASSOC OF REALTORS ~ ARCADIA ASSOC OF REALTORS 702 TOWN & COUNTRY RD 601 S FIRST AVE ~ 601 S FIRST AVE ORANGE CA 92865 ARCADIA CA 91006 ARCADIA CA 91006 SYBD CONSTRUCTION LEGEND ESTATES INC CENTERPOINT CONSTRUCTION 650 W HLJN'I'INGTON DR #201 5917 OAK AVENUE #219 1018 LEMON AVENLTE ARCADIA CA 91007 TEMPLE CITY CA 91780 MONROVIA CA 91016 LAC CONSTRUCTION NEVIS CONSTRUCTION MAPLE BUII.DERS 4037 ARDEN #5 255 SANTA CLARA #210 11625 GOLDRING ROAD EL MONTE CA 91733 ARCADIA CA 91006 ARCADIA CA 91006 HIGH POINT DEVELOPMENT MUR SOL CONSTRUCTION SANYAO INTERNATIONAL - 135 CHES'1'NiJ'I' #4-B 119 E ST JOSEPH ST ROBERT TONG MONROVIA CA 91016 ARCADIA CA 91006 255 E SANTA CLARA #200 ARCADIA CA 91006 IC & Q DEVELOPMENT FREEMAN HAN ELITE DESIGN & DEV - KAMAN 13501 TRACY ST #B 9923 NADINE ST 8748 E VALLEY BL #K BALDWIN PARK CA 91706 TEMPLE CTTY CA 91780 ROSEMEAD CA 91770 FRANK SACCOMAN DON MLIRPHY JIM KL]I-IN 408 HEATHER HEIGHTS CRT 55 W SIERRA MADRE BL 1705 S SANTA ANITA AVE VIONROVIA CA 91018 SIERRA MADRE CA 91024 ARCADIA CA 91006 ~0915 ~JJ~~t/ ~ A83AV-09-008-1 ~0915 31V1dW31 ~a~tl asfl wortiane•nnnnnn ~ 6w>w~ aa~~ we~ ~am ana amuage rree rnnnng tlse Avery~ TEMPLATE 5160~ ~ TWEN MA ARCHITECT ~ 195 MT OL1VE DRIVE BRADBURY CA 91010 i ~ AVERY~ s~eo~ >'Er; ~ ~.. ~ ',,.~: ' ~, ;+ ~ , ~09L5 ~J~~t/ a A83Atl-09-008-L ' wo~•tiane•mmnn ~ ~09t5 3!~eqe6 a~ zasi~i;~ apide~ a6ey~~s ~;a a6eaanoqilue uoissaadwl ~ NOTICE OF PUBLYC HEARING NOTICE TITLE 1 APPLICATION NO. DEPT. MAILED OUT REASON NOTICE RETURNED Text Amendment No. 2005-04 Planning 10/20lQ5 11i15105 Nevis Construction: Not deliverable as addressed Unable to fonraard r:• l 1, b, .., . ...m AvYUif~1f~1 ~m~a~~Y~tN°6`' STAFF REPORT Development Services Department November 15, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director`k~ , By: Donna L. Butler, Community Development AdministratorfL'y~ SUBJECT: Consideration of adoption of a proposed development aqreement fee Recommendation: Adoption of City Council Resolution No. 6492 establishing fees for the filing and processing of applications and related documents for Development agreements SUMMARY On July 19, 2005, the City Council adopted Resolution No. 6469 establishing procedures and requirements for development agreements. The regulations require adoption of a development agreement fee by separate resolution of the City Council. The Development Services Department recommends adoption of Resolution No. 6492 establishing fees for the filing and processing of applications and related documents for development agreements. DISCUSSION Section 103 of the Development Agreement Regulations states "The City Council shall by separate resolution, fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations." Page 1 Development Agreement Fees November 15, 2005 Because of the nature and complexity of development agreements, and in order to insure that the City recovers all costs associated with the implementation of a development agreement application, staff recommends that each development agreement applicant deposit with the City an amount equal to the "estimated costs" for the negotiations, review, processing, approval and recordation of a development agreement. The Development Services Department would specify the deposit required within ten (10) working days of the date a request for a Development agreement is filed with the City. This is the same fee process set forth for Specific Plans. If necessary, the City shall collect additional deposits for estimated costs incurred beyond the amount deposited for the purpose of defraying the costs incurred by the City for processing the Development agreement. ENVIRONMENTAL ANALYSIS Pursuant to Section 15273(a)(1) of the CEQA guidelines, rates, tolls, fare and charges are exempt from CEQA if the purpose of said fee is to cover the cost of operating expenses. FISCAL IMPACT The new fees will enable the City to recover the cost of providing the referenced services. RECOMMENDATION That the City Council adopt Resolution.No. 6492: A Resolution of the City Council of the City of Arcadia establishing fees for the. filing and processing of applications and related documents for Development agreements. Approved by: =-a William R. Kelly, City Manager Attachment: Resolution 6492 Page 2 Development Agreement Fees November 15, 2005 RESOLUTION NO. 6492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ESTABLISHING FEES FOR THE FILING AND PROCESSING OF APPLICATIONS AND RELATED DOCUMENTS FOR DEVELOPMENT AGREEMENTS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORr1IA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION i. The fee established herein for processing development agreement applications is necessary for the purpose of defraying the City's expenditures and costs for this purpose, and said fee does not exceed the estimated reasonable costs for providing the service. SECTION 2. The City Council hereby establishes as a fee for each application for a development agreement the actual total costs incurred by the City, case by case, for those matters subject to the deposit required of each applicant, as described hereinafter. Pursuant to Section 103 of the regulations establishing procedures and requirements for considerarion of Development Agreements set forth in City Council Resolution No. 6459, the Development Services Department shall collect from each applicant for a development agreement a deposit in an amount equal to the esrimated costs to be incurred by the City for the negotiarion, preparation, review, processing, action upon and recordation of a development agreement. The Development Services Department shall specify the amount of the required deposit within ten (10) working days of the date an application for a -1- 6492 development agreement is deemed complete. If deemed necessary by the Development Services Director, the applicant upon demand of the City shall submit to the City, and the City shall collect from the applicant, additional deposits for costs incurred beyond the amounts earlier deposited for the purpose of defraying all of the City's expenditures and costs for processing the development agreement applicarion. The development agreement applicarion fee shall be due and owing by the applicant to the City regardless of the final action of the City to approve or disapprove the applicable development agreement. SECTION 2. The City Council hereby finds that the fee specified in this Resolution will not generate funds in excess of that estimated to fund the services provided to each development agreement applicant by the City of Arcadia and its employees, consultants and agents. If at the conclusion of all proceedings pertaining to the applicable development ag'eement application, the City has possession of excess funds on deposit from the applicant beyond the actual costs and expenses incurred by the City, then the City shall promptly reimburse the applicant such excess funds. If at the conclusion of such proceedings the City's actual costs and expenses exceed all deposits made by an applicant, the applicant upon demand by the City shall promptly pay the City such difference. Based on the foregoing, the City Council hereby finds this Resolution is exempt from the -2- 6492 __ _ __ . _ _ ._ requirements of the California Environmental Quality Act as specified in 15273(a)(1) of the California Administrarive Code. SECTION 3. The City Clerk shall certify to the adoprion of this Resolution. Passed, approved and adopted this istn day of November , 2005. /C/ .If1E~INl ~AIl1~ ayor of the City of Arcadia AT'I'EST: ~~! JAMES H. ~ARR~~S City Clerk of the City of Arcadia APPROVED AS TO FORM: , ~~~ ~. ~~~eti~ Stephen P. Deitsch City Attorney -3- 6492 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 Resolution No. 6492 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 15th day of November, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None ~~ ~~A,~ES N. BARR~II~S City Clerk of the City of Arcadia 4 ~ ~ .2: c , ~ ~ November 15, 2005 STAFF REPORT Public Works Services Depariment TO: Mayor and City Council ~ FROM: Pat Malloy, Public Works Services Direc r I Prepared by: Tom Tait, Field Services Manager Clement L. Flores, Maintenance Contracts Officer SUBJECT: Award of Contract - Janitorial and Porter Services Recommendation: Award a one (1) year contract extension in the amount of $318,344 to Grace Building Maintenance Company Inc. for janitorial and porter services at various City facilities SUMMARY On January 4th, 2005, the City Council approved a one-year contract extension with Grace Building Maintenance Company (Grace Building) for $318,344 to perForm janitorial and porter services at City facilities. Grace Building has submitted a written offer to extend the contract in accordance with the existing Agreement, and if approved by the City Council, will be effective January 9, 2006 through January 8, 2007. The contractor's offer of extension does not reflect a change in price and all other conditions of the Agreement with the exception of some minor changes in duties are to remain in effect. Based on the excellent service provided by Grace Building during the last year, staff recommends that the City Council award a one-year contract extension in the amount of $318,344 to Grace Building Maintenance Company for janitorial and porter services at City facilities. DISCUSSION The Public Works Services Department is responsible for the janitorial and porter services at City facilities. Janitorial services include cleaning all common areas, restrooms and offices at City Hall, Community Center, Library, Police Department and the Public Works Services Center. The contractor is also responsible for porter services to clean light fixtures, sanitize public restrooms, set-up for various City meetings and help office staff with routine service requests (e.g., moving heavy boxes, taking records to storage, special cleanups, etc). Mayor and City Council November 15, 2005 Page 2 Grace Building has submitted a written offer to renew this contract in accordance with the existing Agreement without a cost increase. All other conditions of the Agreement are to remain the §ame with the exception of minor changes in schedules and duties at various facilities. Extending the existing Agreement will ensure continued quality custodial services at City facilities throughout the next year. Staff recommends that the City Council award a one-year contract extension in the amount of $318,344 to Grace Building Maintenance Company forjanitorial and porter services at City facilities. FISCAL IMPACT Sufficient Funds have been appropriated in the 2005-06 operating budget to provide janitorial and porter services at various City facilities RECOMMENDATION 1. Award a one-year contract extension in the amount of $318,344.U0 to Grace Building Maintenance Company for janitorial and porter servlces at various City facilities for fiscal year 2005-2006. 2. Authorize the City Manager and City Clerk to execute a contract amendment in a form approved by the City Attorney. Approved by: ~ William R. Kelly, City Manager PM:TT'CF:dw tlM., e ~ ~ ~...n w eaw~ e; voa ~ / STAFF REPORT Public Works Services Department November 15, 2005 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Directdr /~,~'/' f Prepared by: Lubomir Tomaier, Senior Civil Engineer Ken Herman, Associate Civil Engineer SUBJECT: Oranue Grove Booster Station Recommendation: Authorize the City Manager to enter into professional services agreements with AKM Consulting Engineers in the amount of $129,839 to provide construction management and inspection services and with Ninyo and Moore Consultants in the amount of $20,000 to provide material testing services for the construction of the Orange Grove ' Booster Pump Station. , SUMMARY: The Water Master Plan recommends the construction of a new booster pump station at the Orange Grove Plant (location map attached). Construction of the pump station is included in the 2004-2005 Capital lmprovement Program and the City Council awarded a contract to construct this plant on October 4, 2005. This facility serves as a critical link to the overall operation of the City's water system. Water is transported from high producing southerly wells, to the Orange Grove reservoir system. The booster pump station then pumps water to pressure zones that serve the northem portion of the City. On September 28, 2005, staff received three (3) proposals to provide construction management and special inspection services during the construction of the Orange Grove Booster Pump Station. Staff has reviewed all of the proposals and has determined that AKM Consulting Engineers would provide the most effective construction management services for this project. Staff has also reviewed current Professional Services Qualification forms and fee schedules for various material testing firms on file with the City, and has concluded that Ninyo and Moore would be best suited to provide material testing on an as-needed basis. Mayor and City Council November 15, 2005 Page 2 Staff recommends that the City Council enter into professional services agreements with AKM Consulting Engineers in the amount of $129,839 to provide construction management and inspection services and with Ninyo and Moore Consultants in the amount of $20,000 to. provide material testing services for the construction of the Orange Grove Booster Pump Station project. DISCUSSION: . The Orange Grove Booster Pump Station project includes the construction of a new 1680 square foot masonry building that will house four 1,700 GPM pumps that will pump water from the reservoirs at the Orange Grove water facility, up to the Santa Anita reservoirs. The project will involve connection of the new system to the existing water pipes leading from the existing reservoirs, construction of new electrical and telecommunication controls, landscaping and paving of the site, and the construction of a solid waste transfer station. Staff will be responsible for the majority of the day-to-day inspection of work and for site management, however, a project of this nature requires additional construction management of those tasks and special inspection of work that are beyond our capability and available time. In order to supplement the necessary inspection services required for this project, staff sent Requests for Proposals to four firms capable of providing the required services. Three firms returned proposals and were evaluated based on each firms understanding of the project, the professional qualifications of the proposed inspection team, experience of the firm to provide the necessary services, references of past projects and clients, and the cost to provide the required services. Based on these criteria, staff concluded that AKM Consulting Engineers would provide the most effective service to the project. In addition to inspection, the project will require testing of construction materials during various phases of work. This would include soil testing to verify the,contractor has satisfactorily 'compac4ed the subgrade .supporting the booster pump building and pumps, the compaction of all pipe trenches to protect against settlement, and testing of concrete and mortar used in the construction of the booster building and to verify concrete quality and st~ength. Since this work would be on an as-needed basis, directed by the Construction Manager, staff selected Ninyo and Moore Consultants to provide these services based on past performance on other City. capital improvement projects, and the cost to perform the required tests based on the current fee schedule provided to staff. The fees for material testing services offered by Ninyo & Moore are equal to or less than other firms providing comparable services. In addition, Ninyo & Moore has been able to reduce costs to the City in past projects such as the construction of St. Joseph Reservoir, the design of the Orange Grove Booster Station, and the Golden West,Street Reconstruction, by coordinating their work efforts with the project staff to reduce field visits and make the testing process more efficient. Staff has reviewed the qual~cations of both firms and recommends that ~professional services ag~eements be entered into with AKM Consulting Engineers in the amount of $129,839 to provide construction management and inspection services and with Ninyo and Moore Consultants in the amount of $20,000, to provide material testing services for the construction of the Orange Grove Booster Pump Station. Mayor and City Council November 15, 2005 Page 3 ENVIRONMENTAL IMPACT: As required by the federal grants procedures, the environmental study was conducted during the USEPA fund application phase of this project and received categorical exemption on state as well as federal levels. FISCAL IMPACT: $3,661,700 is appropriated for the construction of the Orange Grove Booster Pump Station. The distribution of funds provides $3,211,700 towards construction and $450,000 towards inspection, material testing and contingencies.. The U.S. Environment Protection Age,ncy (USEPA) has approved tnis project and will reimburse up to 55% of the cost of the;design and constructio~ of this project. A total of $2.2 million dollars is available from the USEPA from the 2004, 2005 and 2006 federal budgets for their portion of the project costs. RECOMMENDATIONS: 1. Award a professional services agreement in the amount of $129,839.00 to AKM Consulting Engineers for the construction management and inspection of the Orange Grove Booster Pump Station project. 2. Award a professional services agreement in the amount of $20,000.00 to Ninyo and Moore Consultants, for material testing during the construction of the Orange Grove Booster Pump Station project. 3. Authorize. the City Manager and City Clerk to execute contracts in a form approved by the City Attorney. Approved: vw' `v~ ~N William R. Kelly, City Manager PM:LT:KH:dw Attachment - Location Map ORANGE GROVE BOOSTER STATION CONSTRUCTION m*' ~ ~ e' NORTH •+ e~ CITY OF ARCADIA ~+~ a ~;a ` o ~~ ~ ROJECT LOCATION ~ ~ . , ~ COIARADO Sf ~A . ., ~ . 4 d ~ J 0 ~ W } J IA ~ 4 • ~~~[ a a oV .~ t r ~• - "~W ~ • t. . r ~ , ` ~ ~ \ ' "~ N ' ~ d`' ° . a . . ". ~ r ~ . . .. f`r i ~ ~ . . , ~ ~ ~' ~ ~ ~ . ~ ___" ' . ..a ims ~ ~ a C~ ~c~oi• x • ~r ~ ~~ i nrnrinni nnn~ ~ °~ s {woRae~Y2 .Wlun Sr UW 'm~a~~y~i~°~`~ STAFF REPORT Public Works Services Department November 15, 2005 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Direct6r fl Prepared by: Lubo Tomaier, Sr. Civil Engineer Mark Rynkiewicz, Associate Civil Engineer SUBJECT: Third Avenue Sewer Pipe Liner and Colorado Well Discharqe Pipe Liner Recommendation: Authorize the City Manager to enter into a contract with lnsituform Tech Inc. in the amouni of $84,910.00 for the Third Avenue Sewer Pipe Liner and Colorado Well Discharge Fipe Liner Project SUMMARY Annual CCN inspections indicated that the sewer line along Third Avenue between Danimere Avenue and Wistaria Avenue (location map attached) has significant cracks, tree root intrusion and general deterioration from age. This line has also experienced sewer backups. The current condition of the sewer line does not warrant the complete removal and replacement; however, mitigation steps are necessary to stop further pipe deterioration, root,intrusion and structural failure. As part of thisyears Colorado Well project, a wastewater discharge pipe will be required to discharge the initial surge of low quality water each time the new well is started up. An abandoned water pipe is located adjacent to the well and, if rehabilitated, will be ideal for this application. Staff proposes to re-line this pipe and use it as the discharge pipe. This process will eliminate traffic disruptions and the need to acquire easements for construction of a new pipe. The construction of the Third Avenue Sewer Pipe Liner and Colorado Well Discharge Pipe Liner Project will economically rehabilitate the existing piping while minimizing traffic and roadway structural section impacts. Staff recommends that the City Council award a contract in the amount of $84,910.00 to Insituform l"ech Inc. for the Third Avenue Sewer Pipe Liner and Colorado Well Discharge Pipe Liner Project. Mayor and City Council November15,2005 Page 2 DISCUSSION The Federal Clean Water Act and the National Poilwtion Discharge Elimination System (NPDES) prohibit the discharge of pollutants into sfreams and~"storm drains. Any blockage or excessive sewer restricfion that results in a spill into catch basins, channels or streams can become costly and detrimental to the environment. Costs to the City can include imposed fines by enyironmentel regulatory agencies, cleanup for any damages caused by the spill and repair of any damage to private property as a result of a backup. ' The sewer line along Third Avenue between Danimere Avenue and Wistaria Avenue has significant cracking, root intrusion, and deterio~ation and is in need of rehabilitation. This section of sewer requires excessive cleaning and extra ordinary maintenance. Rehabilitation of this section is a high priority. ~ The Colorado Well project requires a wastewater discharge pipe for water that does not meet water-quality standards. Each'time the well is brought online, the initial surge of low quality water is pumped to waste. An abandoned water pipe is located adjacent to the welf and, if reha6ilitated, will be ideal for this application. Staff proposes to re-line this pipe and use it as the discHarge pipe. This process will eliminate traffic disruptions and the need to acquire easements for constn.iction of a new pipe. The construction of the Third Avenue Sewer Pipe Liner and Colorado Well Discharge Pipe LinerProject will economically rehabilitate the existing piping while minimizing trsffic and roadway structural section impacts. • Pipeline rehabilitation is accomplished`by inserting a sock type liner into the sewer pipe. The liner is expanded and treated witli resirr and cured;'resulting ~in a smootfi seamiess "pipe-within-a-pipe" inner surface, which usually increases flow capacity. The process is completed and service is restored in a single day. This process works from inside the main line eliminating the need for excavation and`heavy construction. During the rehabilitation process, it is necessary to keep the inside of the sewer line free from`water flow. Residents will be asked to refrain from' using water. in their homes during construction in their section of the sewer (one day only). This'-will prevent sewage from bacRing up into their home'from their own use. Prior notification' will be given to the affected residents prior to the work. ` Mayor and City.Council November 15, 2005 Page 3 Notices inviting bids were published in the adjudicated paper and bid packages were distributed to area contractors. Seven contractors purchased plans and specifications but only one submitted a bid. A single bid in the amount of $84,910 was received by Insituform Tech Inc. from Irvine. Staff has reviewed the bid documents for content and has investigated the Contractor's background and recent projects for competency. It is staff's opinion that Insituform Tech Inc..can satisfactorily perform the work required and recommends that the City Council award a contract in the amount of $84,910 to Insituform Tech Inc. for the Third Avenue Sewer Pipe Liner and Colorado Well Discharge Pipe Liner Project. ENVIRONMENTAL ANALYSIS This project is categorically exempt per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT Sufficient funds are available in the Capital Improvement Buciget for this work. RECOMMENDATIONS 1. Award a contract to Insituform Tech Inc. in the amount of $84,910.00 for the Third Avenue Sewer Pipe Liner and Colorado Well Discharge Pipe Liner Project. 2. Waive any informalities in the bid or bidding process. 3. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Approved: I~~ William R. Kelly, City Manager PM:MR:dw Attachment . . . . THIRD AVE SEWER PIPE LINER AND COLORADO WEL`L DISCHRGE PIPE LINER ~ ~ , NORTH . o. CITY OF ARCADIA ~ ~w ; :: ~ . y~ ' IR y ~ M9t COLORADO ST ~ ,~ !~ ~ o• J w ~ MP Y Y ~A~• O `_ O Y +O ~ r~ ~ • ~ • ' ` ;~ PROJECT LOCATIONS e 4~ H ~~' ~ \ . . ~ z ~~ ~ ~ ~~ . . ~ 3 ~ o ` .~ ,~ , ~ , ~ ~. ~ ~ ~ ~e~ou x • i 0 R~ ~ O F ° o ~ DANIN E ~ LONODE AV . /.V ~ LS~ ~ • ~ p i nrnTinni nnno ~.. ~ ~ I f~c~RPOg~T99~,e~ STAFF REPORT Office of the City Manager DATE: November 15, 2005 TO: Mayor and City Council FROM: William R. Kelly, City Manag r uxy ~~ By; Linda Garcia, Communica ions, Marketing and Special Projects Manager SUBJECT: CONTINUATION OF THE CITY'S COYOTE MANAGEMENT PROGRAM Recommendation: Authorize the continuation of a coyote managemenUtrapping program for an ongoing, indefinite period of time SUMMARY In March 2005 the City Council directed staff to implement, on a trial basis, a coyote managemenUtrapping program. The end of the trial period is coming up and with this report staff is requesting direction on whether or not the program should be continued. DISCUSSION Earlier this year the City hired Animal Pest Management Services, Inc. (APM) to implement a coyote managemenUtrapping program. The program operates whereby residents in the most affected areas are provided with a direct contact at APM that they can call to report a coyote sighting. Upon request, APM works with the resident to install and monitor a trap until the animal is caught. The cost of this service is borne entirely by the City. Since May; APM has captured 25 coyotes within the City of Arcadia (excluding Santa Anita Park and the Arboretum). The coyote management program came to be due to the fact that in recent years there have been increased sightings of "bold" coyotes and concern over the impact of their living and roaming in areas that are inhabited by people. Because of our lush fandscaping, the Arboretum, pets and the racetrack, there is an abundance of food and water available in our neighborhoods and as long as this is the case, Arcadia will remain an attractive home to the animals. Certainly, it is wise to continue to ask the public to be on the watch for coyotes and to refrain from leaving things in yards that are attractants. Unfortunately, the reality of the situation is that it is unlikely that people will change their lifestyle and immediate environment in large enough numbers that our streets will no longer be of interest to coyotes that are not finding adequate food and water in the foothills. Mayor and City Council - continuation of coyote management program November 15, 2005 Page 2 Staff believes that the fact that APM captured 25 coyotes in a period of six months (May through October) warrants the continuation of this program and we are recommending that the City Council authorize such on an ongoing basis, until and if it is decided that the program is no longer necessary or financiaffy feasible. The expertise and experience required to conduct this type of work puts the services in the category of being a"professional service," which means that competitive bidding is not required. APM has proven to be a responsible and effective contractor. Both the community and staff have been pleased with APM's work, sensitivity and responsiveness and we believe they are the right company for the job. FINANCIAL IMPACT The cost of.the coyote management program with APM has averaged $2,500.00 per month in months when their services have been requested. Considering that we expect minimal, if any, service calls in the next couple of months, staff believes there are sufficient funds available in the 2005-2006 operating budget to continue this effort through the remainder of the fiscal year. Given that APM's services are used only as needed, it is difficult to determine an exact cost on an. annual basis: Just as a point of reference, assuming their services are needed an average of 9 months a year, we can expect the City to spend $22,500.00 annually for coyote management services. Staff recommends thatthe City Council: • Authorize the continuation of a coyote managemenUtrapping program, using Animal Pest Management, Inc. for an ongoing, indefinite period of time. • Authorize an expenditure of up to $14,000.00 between now and June 30, 2006 to pay for the referenced program. (This amount is in addition to the $10,500.00 previously.allocated by the City Council to get us to this point. The $14,000.00 is already included in the operating budget and does not need to be appropriated.) . \ /J DATE: November 15, 2005 STAFF REPORT Administrarive Services Department TO; Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directdr~!i SUBJECT: Resolution No. 6490 - A Resolution of the Citv Council of the Citv of Arcadia declarina its intention to conduct a Public Hearinq to consider a to CAC Exchanae II, L.L.C. Recommendation: Adopt SUMMARY Time Warner Cable, Inc. (1'WC), Comcast Communications, Corp (Comcast), and Adelphia Communications Corporation (Adelphia) submitted to the City of Arcadia an application to transfer the cable franchise. In accordance with Section 1303 of the City of Arcadia Charter, the City Council is required to declare its intention to conduct a public hearing to consider the proposed transfer. The public hearing will be conducted at the City Council's regularly scheduled meeting on December 6, 2005 at 7:00 p.m. DISCUSSION When the application for transfer was received in June 2005 from Time Wamer Cable, -nc. (TWC), Comcast Communications, Corp (Comcast), and Adelphia Communications Corporation (Adelphia), the City directed the matter to the City Attomey's Office and engaged Mr. John Risk of Communications Support Group, Inc., to investigate the completeness of the applications and provide background and information to assist the City's legal counsel in eyaluating the qualifications of Time Wamer Cable. In connection with this engagement, Communications Support Group, Inc conducted a "due diligence" review of the financial qualifications of TWC to purchase and subsequently operate the cable systems acquired directiy from Adelphia. All legal, financial and compliance issues are resolved. The remaining two steps for completion of the transfer are actions by the City Council. The first action is to adopt a Resolution of intention to conduct a public hearing, which is recommended herein. The final action will be on December 6, 2005 when the City Council conducts the public hearing at their regularly scheduled meeting. Mayor and City Council November 15, 2005 Page 2 FISCAL IMPACT Adoption of this Resolution will not have a fiscal impact. RECOMMENDATION It is recommended that the City Councll: Adopt Resolution No. 6490 - A Resolution of the City Councii of the City of Arcadia declaring its intentton to conduct a Public Hearing to consider a conditional assignment of a Cable Television Franchise by Cablevision of ArcadlalSierra Madre, Inc. (D/BIA TCI Cablevision of Los Angeles County) to CAC Exchange II, L.L.C. Approved: ~ William R. Kelly, City Manager TLH .~ RESOLUTION NO. 6490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER A CONDITIONAL ASSIGNMENT OF A CABLE TELEVISION FRANCHISE BY CABLEVISION OF ARCADIA / SIERRA MADRE, INC. (DB/A TCI CABLEVISION OF LOS ANGELES COUNTY) TO CAC EXCHANGE II, LLC NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. ~ In accordance with Section 1303 of the City of Arcadia Charter, the City Council of the City of Arcadia hereby declares its intention to conduct a public hearing, following which the City Council shall consider the proposed transfer of an existing cable franchise from Cablevision of Arcadia / Sierra Madre, Inc. (d/b/a TCI Cablevision of Los Angeles County) ("Adelphia"), through Comcast Cable Holdings, LLC, to CAC Exchange II, LLC, a Delaware limited liability company, which, upon the closing of the asset purchase transaction, will be an indirect wholly-owned subsidiary of Time Warner Cable Inc., and will be qualified to conduct business as a limited liability company in the State of California. The proposed franshisee will be assuming Adelphia's obligations and enritled to Adelphia's rights under the existing Adelphia franchise. i _ _ _ . __ v Therefore, the terms of the proposed franchise are to be the same as those provided under the existing Adelphia cable franchise. SECTION 2. 'The above-referenced hearing shall be conducted at the City Council's regularly scheduled meeting on December 6, 2005 at 7:00 p.m., or as soon thereafter as may be heard, at Arcadia City Hall, City Council Chambers at 240 West Huntington Drive, Arcadia California 91007. Any person interested in or objecting to such matter is invited to appear and present evidence and testimony concerning any or all of the matters described in this Resolurion. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this norice, or in written correspondence delivered to the City Clerk of the City of Arcadia at, or prior to the public hearing. The office of the City Clerk is located at 240 West Huntington Drive, Arcadia California 91007. Any person or organization desiring to be heard will be given an opportunity to be heard. SECTION 3. This Resolution shall be effective immediately upon its adoption. The City Clerk is hereby directed to publish this Resolurion once a week for two successive weeks. Two publications in a newspaper published once a weelc or more often, with at least five days intervening between the respective publicarion dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and ternunates at the end of the z ~ fourteenth day, including therein the first day. Such publication shall be in a newspaper of general circulation. The first publicarion shall be performed at least ten days prior to December 6, 2005. SECTION 4. The City Clerk shall cerrify to the adoption of this Resolution. Passed, approved and adopted this lstn day of November , 2005. 6S! JOHN ~UO Mayor of the City of Arcadia ATTEST: tSl ~AMES H. ~~RR~~S City Clerk APPROVED AS TO FORM: , ~S~'~'I.li~n. ~. ~ Stephen P. Deitsch City Attorney 3 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 Resolution No. 6490 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 15th day of November, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None ' (~ i ' o Ar" ' cadia ~e7 4 ~~~ -~ ~ ~ `'~`~v Administrative Services Department DATE: TO: FROM: SUBJECT: SUMMARY November 15, 2005 Mayor and City Council In May 2005 the City received an Open Video System (OVSj franchise application from Champion Broadband, LLC. In anticipation of working with Champion Broadband in the near future, the City Council approved legislation in June 2005 enabling the Gity to grant an OVS; which is similar to a cable television franchise. In accordance with Section 1303 of the City of Arcadia Charter, the City Council is required to declare its intention to conduct a public hearing to Consider the proposed application. The public hearing will be conducted at the City Council's regularly scheduled meeting on December 6, 2005 at 7:00 p.m. DISCUSSION In November 2001, the City Council approved a cable television franchise agreement with Altrio Communications, Inc., allowing construction and operation of a new cable television, broadband and telephone service in the community. Altrio operated successfully here until late in 2003 when the firm failed to obtain a second round of financing and its operations were assumed by a group of its secured creditors. In March 2004, those creditors reached an agreement with Champion Broadband California, LLC to take over the ownership and operation of the Altrio system. While there were initial attempts to simply transfer the existing Altrio franchise to Champion, the lack of an entity from which to make the transfer (Altrio is no longer in existence) made this legally impossible. Additionally, Champion's limited resources in the face of existing franchise requirements from three communities (Pasadena, Arcadia and Monravia} necessitated the formu{ation of new agreements. Given the financial, Tracey L. Hause, Administrative Services Directo~ ! '~ legal, and structural problems left in the wake of the Altrio failure, structuring a new Open Video System {OVS) franchise agreement with Champion Broadband Califomia LLC was the most reasonable approach. In June ~2005, the City Council approved the legislation to enable the City to grant an OVS; which is similar to a cable television franchise, but more closely mirrors the legisiation that Monrovia and Pasadena have. After a thorough review of the legai, technicai antl financial qualifications of Champion Broadband Calffomia, LLC to own and to operate a competitive Open Video System within the City, and after considering the potentiai economic, aesthetic and disruptive impacts of the proposed system, stafF has determined thaf the continued operation of the current Open Video system under the proposed new franchise agreement would be in the best interest of the City. The remaining two steps for completion of the granting of an OVS agreement are actions by the City Council. The first action is to adopt a Resolution of intention to conduct a public hearing, which is recommended herein. The final action will be on December 6, 2005 when the City Council conducts the public hearing at.their regularly scheduled meeting. FISCAL iMPACT Adoption of this Resolution will not have a fiscal impact. It is recommended that the City Council: Adopt Resolution No. 6491 of the .City Council of the City of Arcadia declaring its intention to conduct a Public Hearing to consider the granting of an apen Video System {OVS) Agreement with Champlon Broadband, LLC, a Wyoming Limited Liabllity Company. Approved: _ "-"'_"~"'-] William R. Kelly, City Manager TLH 2 i RESOLUTION NO. 6491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARiNG TO CONSIDER THE GR.ANTING OF AN OPEN VIDEO SYSTEM (OVS) AGREEMENT WITH CHAMPION BROADBAND, LLC, A WYOMING LIMITED LIABILITY COMPANY NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. In accordance with Section 1303 of the City of Arcadia Charter, the City Council of the City of Arcadia hereby declares its intention to conduct a public hearing', following which tHe City Council shall consider a proposed Open Video System (OV5) agreement with Champion Broadband, LLC, a Wyoming limited liabiliry company. The proposed terms of the OVS agreement would include authorizing Champion Broadband LLC to provide open video system service within the City of Arcadia, utilizing the cable pant installed and previously operated and maintained by Altrio Communications. Champion would be required to pay to the City a fee of five percent (5%) of its gross annual revenue, as defined in the OVS agreement. SECTION 2. The above-referenced hearing shall be conducted at the City Council's regularly scheduled meeting on December 6, 2005 at 7:00 p.m., or as soon thereafter as may be heard, at Arcadia City Hall, City Council Chambers at i 240 West Huntington Drive, Arcadia Califomia 91007. Any person interested in or objecting to such matter is invited to appear and present evidence and testimony concerning any or all of the matters described in this Resolution. If you challenge the proposed acrions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk of the City of Arcadia at, or prior to the public hearing: The office of the Ci -ty Clerk is located at 240 West Hunrington Drive, Arcadia California 91007. Any person or organization desiring to be heard will be given an opportunity to be heard. SECTION 3. This Resolurion shall be effective immediately upon its adoprion. The City Clerk is hereby directed to publish this Resolution once a week for two successive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respecrive publication dates not counting such publicarion dates, are sufficient. The period of notice commences upon the first day of publication and ternvnates at the end of the fourteenth day, including therein the first day. Such publication shall be in a newspaper of general circularion. The first publication shall be performed at least ten days prior to December 6, 2005. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. z ~ , Passed,approved and adoptedthis lstn day of November ,2005. /S! JOHN ~VUO Mayor of the City of Arcadia ATTEST: ~S/ JAMES H, ~~-RRO~S City Clerk APPROVED AS TO FORM: ~ i- r~1~~ Q_ ~~~ Stephen P. Deitsch City Attorney 3 h^ 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 Resolution No. 6491 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 15th day of November, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None 1~! J~-I~ES H. BARRO~S City Clerk of the City of Arcadia 4 ~ i~ ~ , . ~ , ,~. U" ~ AaYV~~f ~IIOf Co~'~~niryotK°s`e STAFF REPORT Development Services Department November 15, 2~05 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Dir ct ~ By: Donna Butler, Community Development Administrator Prepared by: Corkran W. Nicholson, Planning Services Manage SUBJECT: Resolution No. 6494 - A resolution of the Citv Council of the Citv of Arcadia. California. sustaininq the Planninq Commission's denial of Conditional Use Permit Anqlication No. 05-14 for the outdoor use of an existina metal storaqe container at 657 West Duarte Road. Recommendation: Adopt Resolution No. 6494 BACKGROUND The City Council at its November 1, 2005 meeting, voted 5-0 to sustain the Planning Commission's denial of a conditional use permit application to retain an on-site 10'x10'x20' metal storage container for storing business records at 657 West Duarte Road. Staff was directed by the City Council to prepare the appropriate resolution for adoption at a later meeting. Attached is City Council Resolution No. 6494: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT APPLICATION NO. 05-14 FOR THE OUTDOOR USE OF AN EXISTING METAL STORAGE CONTAINER AT 657 WEST DUARTE ROAD. RECOMMENDATION That the City Council adopts Resolution No. 6494. APPROVED BY: `~'~ ~ William R. Kelly, City Manager Attachment: Resolution No. 6494 RESOLUTION NO. 6494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT APPLICATION NO. 05-14 FOR THE OUTDOOR USE OF AN EXISTING METAL STORAGE CONTAINER AT 657 WEST DUARTE ROAD. WHEREAS, on September 21, 2005, an appeal was filed by the property owner, Joe Borland, for the purpose of appealing the Planning_ _- _ _ _ _ _ _ _ ..._ - _ Commission's denial of Conditional Use Permit Application No. 05-14 (Planning Commission Resolution 1733) to retain an on-site 10'x10'x20' metal storage container for storing business records (Development Services Department Case No. C.U.P. 05-14) at property commonly known as 657 West Duarte Road; and WHEREAS, a public hearing was held before the Planning Commission on August 9, 2005, to consider the applicant's request to retain the storage container at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission voted 4-0 with one member absent to deny the conditional use permit; and WHEREAS, on November 1, 2005, the City Council held a public hearing to consider the applicanYs appeal; and WHEREAS, as part of the record of this hearing, the City Council reviewed and considered: 1. All staff reports and related attachments submitted by the Community Development Division of the Development Services Department to the City Council; and 2. The record of the Planning Commission hearing regarding C.U.P. 05-14; and 3. All evidence and testimony presented at the public hearing before the City Council; and WHEREAS, the above recitals are hereby incorporated as part of the findings set forth below. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. The City Council finds: 1. That the granting of such Conditional Use Permit will be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity because the appearance of the outdoor storage container is unsightly and incompatible with the 2 6494 surrounding development; furthermore, the subject container is not screened from public view i.e., it is highly visible from the neighboring properties to the north and west of the site, which are approximately 2 to 3 feet higher in grade elevation than the subject property, which in this case increases the visibility of the storage container. 2. That the use applied for at the location indicated is not a proper one for which a Conditional Use Permit is authorized because the storage container occupies a parking space within the site's substandard parking area, which currently provides 23 parking spaces (excluding the storage container space) in lieu of the current requirement to provide 35 on-site spaces, as specified in Sections 9269.1 et seq. of the Arcadia Municipal Code. 3. 7hat the site is not adequate in size and shape to retain the subject storage container in that there is not sufficient on-site parking per Section 9269.1 et seq. of the Arcadia Municipal Code. SECTION 3. That for the foregoing reasons, the City Council denies the applicant's appeal and sustains the Planning Commission's denial of Conditional Use Permit Application No. 05-14 with the provision that the applicant shall have six (6) months from the adoption of this Resolution to remove the storage container from the subject property. 3 6494 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 15~' day of November, 2005. ~~ ~o~~ wuo Mayor of the City of Arcadia ATTEST: ~q ~p IS/ J~MES Ha ~~9 6~ ~+`+~ City Clerk of the City of Arcadia APPROVED AS TO FORM: . <~,~., C? ~~~~~ Stephen P. Deitsch City Attorney 4 6494 STATE OF CALIFORNIA ) COLJNTY OF LOS ANGELES ) SS: CITY OF ARCADIA } I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6494 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 nleeting of said Council held on the 15th day of November, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None lSl JAMES H. ~~RRO~'S City Clerlc oPthe City of Arcadia 5 .- ~ : ~,J, ~iPOl~. y • ~ vOf °°•~~~ ~" MEMORANDUM Office of the City Attorney DATE: November 15. 2005 TO: MAYOR AND CITY COUNCIL FROM: STEPHEN P. DEITSCH, CITY ATTORNEY ~,;,, (~. Ey~L~ SUBJECT:ORDINANCE NO. 2211 AMENDING SECTIONS OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ADULT BUSINESSES AND ADDING A NEW CHAPTER TO THE ARCADIA MiJNICIPAL CODE PERTAINING TO THE LICENSING OF ADULT BUSINESSES Recommendation: Adopt BACKGROUND At the November 1, 2005 City Council meering, Ordinance No. 2211 was introduced. A copy of the City Council staff report is attached for your reference. RECOMMENDATION Adopt Ordinance No. 2211 amending sections of the Arcadia Municipal Code pertaining to adult businesses and adding a new chapter to the Arcadia Municipal Code pertaining to the licensing of adult businesses. APPROVED: W~0 1f~0 William R. Kelly City Manager Attachment - November 1, 2005 City Council Staff Report Jy~104. y ~0 ~ ~f •^., .~A MEMORANDUM Office of the City Attorney DATE: November 1. 2005 TO: MAYOR AND CITY COUNCIL FROM: STEPHEN P. DEITSCH, CITY ATTORNEY 2~ v•~~""~^^ SUBJECT:ORDINANCE NO. 2211 AMENDING SECTIONS OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ADULT BUSINESSES AND ADDING A NEW CHAPTER TO THE ARCADIA MUNICIPAL CODE PERTAINING TO THE LICENSING OF ADULT BUSINESSES Recommendation: Introduce SUMMARY: It is recommended that the City Council introduce Ordinance No. 2211 amending sections of the Arcadia Municipal Code pertaining to adult businesses and adding a new chapter to the Arcadia Municipal Code pertaining to the licensing of adult businesses. DISCUSSION: The City's existing adult business regulations are contained in the "Division arid Use of Land" provisions of Article IX, Chapter 2, Part 7, Division 9 of the Arcadia Municipal Code. The regulations include licensing requirements as well as adult business operating, zoning and locational requirements. As it is currently structured, any amendment to the City's existing adult business regulations will require a public hearing since Califomia law requires that local governinents hold public hearings prior to any land-use and planning amendments. The proposed amendments will reorganize the existing adult business regulations by deleting certain sections pertaining to adult business licensing from Article IX, Chapter 2 and moving them to the "Businesses, Professions, Trades, and Occupations" provisions of Article VI, Chapter 8 of the Arcadia Municipal'Code. This will not only move such sections to a more appropriate location, but will allow the City Council to amend such sections in the future without a public hearing. Moreover, the proposed amendments are intended to update the City's adult regulations so they continue to meet the constitutional requirements established by the courts and to protect the City from the potential adverse secondary effects that may be caused by having an adult business located inappropriately in the City. Courts have held that adult businesses provide a forum for protected speech and expression. Although cities cannot ban them entirely from their jurisdiction, they may regulate such businesses to address any adverse secondary effects that they may create including crime, the spread of sexually transmitted diseases and blighting effects. In fact, the United States Supreme Court in a number of decisions has repeatedly upheld the use of secondary effect studies to justify content-neutral regulations aimed at addressing the adverse secondary effects. Studies documenting the adverse secondary effects upon which the City's regulations are based are summarized in the proposed ordinance, and incorporated herein by reference. Staff has prepared the attached ordinance for considerarion and introducrion by the City Council. Ordinance No. 2211 includes the following changes to the exisring adult business regulations: 1) Adds several findings that cite to studies upon which the City's regularions are based and references case law as a means to document additional secondary effects. 2) Adds certain requirements to obtain an adult business regulatory pernvt. 3) Eliminates appeals to the City Council by making decisions of the Business License Review Board final. 4) Requires a security guard to be on duty on adult business premises at all times. 5) Adds unrated materials that are characterized by an emphasis on depicting or describing specified sexual activities to the list of materials that are restricted to minors. 2 FISCAL IMPACT: There is no anticipated fiscal impact to the City in regard to the City Council's action on this item. - RECOMMENDATION Introduce Ordinance No. 2211 amending sections of the Arcadia Municipal Code pertaining to adult businesses and adding a new chapter to the Arcadia Municipal Code pertaining to the licensing of adult businesses. APPROVED: -~ William R. Kelly City Manager Attachment 3 _ ORDINANCE NO. 2211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9279.1, and 92793 THROUGH 9279.16 OF THE ARCADIA MUNICII'AL CODE PERTAINING TO ADULT BUSIIVESSES, DELETING ALL OR PORTIONS OF SECTIONS 9279.1 and 9279.3 THROUGH 9279.14, AND ADDING A NEW CHAPTER TO THE ARCADIA MUNiCIPAL CODE PERTAINING TO LICENSING OF ADULT BUSINESSES THE CITY COUNCIL OF THE CTI'Y OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council of the City of Arcadia hereby finds, determines, and declazes that: A. The City Council finds that it is necessary and appropriate to amend Article IX, Chapter 2, Part 7, Division 9, entitled "Adult Businesses" of the Arcadia Municipal Code by amending the provisions as they relate to required distance between adult businesses by deleting certain provisions that will be added to a new chapter, located at Article VI, Chapter 8, and entitled "Adult Business License: ' The public health, safety and welfaze of the City of Arcadia and its residents require the enactment of this Ordinance in order to: (1) mitigate and reduce the judicially recognized poYenTial adverse secondary effects of adult businesses, including but not limited to crime, the prevention of blight in neighborhoods and the increased threat of the spread of sexually transmitted diseases; (2) protect the quality of life and neighborhoods in the City, the City's retail and commercial trade, and local property values, and minimize the potential for nuisances related to the operafion of adult businesses; and (3) protect the peace, welfaze and privacy of persons who own, operate and/or patronize adult businesses. B. The City Council, in adopting this Ordinance, takes legislative nofice of the existence and content of the following studies concerning the adverse secondary effects of adult businesses in other cities: Garden Grove, Califomia (1991); Tucson, Arizona (1990); Seattle, Washington, Department of Construction and Land Use (1989); Ausfin, Texas, Office of Land Development Services (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana, Department of Metropolitan Development (1984); Houston, Texas, City Council Report (1983 and 1997); Beaumont, Texas (1982); Minnesota Crime Prevention Center, Inc., Minneapolis (1980); Phoenix, Arizona (1979); I.os Angeles, California, Department of City Planning (1977); Amarillo, Texas, Planning Department (1977); and Cleveland, Ohio (1977); New York, New York (1994); Newport News, Virginia (1996); Times Squaze, New York City (1994); Whittier, California (1978); Adams County, Colorado (1990); Dallas, Texas (1997) and El Paso, Texas (1986). The studies and their sununaries aze available for public review in the City Clerk's office. The City Council finds that these studies are relevant to the problems addressed by the City in enacting this Ordinance to ragulate the adverse secondary effects of adult businesses and more specifically finds that these studies provide convincing evidence that: 1. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including buY not limited to an increase in the crimes of nazcotics distribution and use, prostitution, pandering, and violence against persons and properry. The.studies from other cities establish by convincing evidence that adult businesses that aze not regulated as to operating standards often haue a deleterious e£fect on neazby businesses and residential azeas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 2. Regulations for adult businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather that waiting for problems to be created. C. In developing this Ordinance, the City Council is mindful of legal principles relating to regulation of adult businesses, and the City Council does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States and California Constitu6ons but instead desires to enact reasonable dme, place, and manner regularions that address the adverse secondary effects of adult businesses. The City Council has considered decisions of the United States Supreme Court regazding local regulation of adult businesses, including but not limited to: City ofLos Angeles v. Alameda Books, 122 S.Ct. 1728 (2002); City ofErie v. Pap's A.M. (`7Candyland'), 529 U.S. 277, 120 S.Ct. 1382, 146 L.Bd.2d 265 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991); FW/PBS, Inc. v. City ofDallas, 493 iI.S. 215, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); and Young v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976); decisions of the United Stated Court of Appeals for the Ninth Circuit, including but not limited to: Gammoh v. City ofLa Habra (9`h Cir. 2005) 395 F3d 1114; World Wide Video of Washington, Inc. v. City of Spokane, 2004 WL 1171686 (9~h Cir.(May 2004)); Diamond v. City of Taft, 215 F3d 1052 {9th Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell v. City ofSan Diego, 258 F3d 1108 (9th Cir. 2001); Young v. Ciry of Simi Yalley, 216 F.3d 807 (9th Cir. 2000), cen. denied 531 U.S. 1104 (2001); Lim v. City ofLong Beach, 217 F3d 1050 (9th Cir. 2000), cert. denied 121 S.Ct. 1189 (2001); Alameda Books v. City of Los Angeles, 222 F3d 719 (9th Cir. 2000), cert. granted 121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City of Las Yegas ("Baby Tam I), 154 F3d 1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas (`Baby Tam 77'), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City ofLas Yegas ("Baby Tam 771'), 247 F3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999); Topanga Press, Inc. v. City ofLos Angeles, 989 F.2d 1524 (9th Cir. 1993), cert, denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529 U.S. 1053 (2000); several Califomia cases, including but not limited to: Tily B., Inc. v. City ofNewporr Beach, 69 Ca1.App.4th 1(1998); City ofNational City v. Wiener, 3 Cal.4th 832 (1993), cert. denied 510 U.S. 824; People v. Superior Court (Lucero) 49 Ca13d 14 (1989); Department of Alcoholic Beverage Control v. Alcoholic Beverage Appeals Bd. of California ("Vicary') 99 Ca1.App.4th 880 (2002); and City of Vallejo v. Adult Books, 167 Ca1.App.3d 1169 (1985), cert. denied 475 U.S. 1064 (1986); and other federal cases, including but not timited to: Hang On, Inc. v. City ofArlington, 65 F.3d 1248 (Sth Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F3d 123 (3rd Cir. 1993); Lakeland Lounge v. City of.7acksonville, 973 F.2d 1255 (Sth Cir. 1992), cert. denied 507 U.S. -2- 1030 (1993); International Eateries v. Broward County, 941 F.2d 1157 (l lth Cir. 1991), cert. denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (Sth Cir. ' 1986). Copies of the decisions aze available for public review in the City Clerk's office. D. The City Council further finds the following, based in part upon its understanding of the documents, including but not limited to documents describing the experiences of Arcadia, the declarations of police officers in other jurisdictions setting forth their experiences, and judicial decisions in the public record: 1. Evidence indicates that some dancers, models, entertainers, performers, and other persons who publicly perform specified sexual ac6viries or publicly display specified anatomical azeas in adult businesses (collectively referred to as "performers") have been found to engage in sexual activiries with patrons of adult businesses on the site of the adult business. 2, Evidence has demonstrated that performers employed by adult businesses have been found to offer and provide private shows to patrons who, for a price, are pernritted to observe and participate with the performers in live sex shows. 3. Evidence indicates that performers at adult businesses have been found to engage in acts of prostitution with patrons of the establishxnent. 4. Evidence indicates that fully enclosed booths, individual viewing azeas, and other small rooms whose interiors cannot be seen from public azeas of the establishment regularly have been found to be used as locations for engaging in unlawful sexual activity. 5. As a result of the above, and the increase in incidences of HIV, AIDS, hepatitis B, and hepatitis C which aze sexually transmitted or blood bome diseases, the City has a substantial interest in adopting regulations that will reduce the possibility for the occurrence of prostitution and unlawful sex acts at adult businesses in oider to protect the health, safety, and well-being of its citizens. The City finds this is relevant to the experience of Arcadia and the need to regulate the secondary effects of adult businesses within ttie community. 6. The public health, safety, welfare, and morals of all persons in the City must be protected by the establishment of standards to diminish the possibility of infection of contagious diseases. E. The City Council is cognizant of the specific danger from the sexually transmitted disease AIDS, which is currently irreversible and fatal. The City Council takes legisladve notice that according to statistics provided by the L.os Angeles County Health Deparhnent, in 1998 1,624 cases of AIDS were diagnosed in I,os Angeles County and 184 AIDS-related deaths were reported. According to the most recent statistics available for 1999, 464 cases of AIDS were diagnosed in Los Angeles County between January 1, 1999 and June 30, 1999, and 42 AIDS- related deaths were reported for that same period. Further, the City Council takes legislative notice of the County of Orange Communicable Disease Summary 1998, County of Orange Health Caze Agency, issued January 2000 ("Communicable Disease Summar,~'). The Communicable Disease Summary states that 5,149 cases of AIDS were reported in Orange -3- County between 1982 and 1998. In 1998, 305 cases of AIDS were reported in Orange County, an 8% increase over the 283 reported cases in 1997. As of December 1998, an estimated 2,345 residents of Orange County were living with AIDS, over double the number six yeazs prior. As of December 200Q an estimated 5,704 Orange County residents were living with HIV or AIDS. The City also takes legislative notice of the AIDS Surveillance Report dated July 31, 2001 by the County of San Diego Health and Human Services Agency, Division of AIDS and Community Epidemiology ("AIDS Surveillance Report") and the report entitled San Diego County HN/AIDS Status dated June 2000, also by the County of San Diego Heatth and Human Services Agency ("AIDS Status Report"). According to the AIDS Surveiliance Report, 10,876 AIDS cases were reported throughout the County since 1981 through July 2001, 15Q of which were reported in 2001 and 420 of which were reported in 2000. F. The City is also concemed with preventing the spread of other sexually transmitted diseases such as syphilis, gonorrhea, chlamydia, hepatitis B and hepatitis C. The Communicable Disease Smnmary further indicates that beriveen 1994 and 1998, 211 cases of syphilis were reported, 3,094 cases of gononhea were reported, and 17,349 cases of chlamydia were reported in the County. The City also takes ]egislative notice of the STD Fact Sheet of 2000 by the County of San Diego Health and Human Services Agency ("STD Fact SheeP') and the Sexually Transmitted Diseases Annual Sununary, San Diego County, 1993-1994, by the Sexually Transmitted Disease Control Program, dated December 1995 ("STD Annual Summar}~'). According to the STD Fact Sheet and STD Annual Summary, 1109 cases of syplulis were reported tluoughout the County between 1990 and 2000, 27 of which were reported in 2000. With respect to gononhea, 27,890 cases of gonoirhea were reported between 1990 and 2000, 1797 of which were reported in 2000. The number of cases of chlamydia reported within the County dramatically exceeds the number of reported cases of syphilis and gonorrhea: 74,079 cases were reported between 1990 and 2000, 8637 of which were reported in 2000. It should also be noted that according to the AIDS Status Repo;t, numerous studies have shown that sexually transmitted diseases such as syplulis, gonorrhea and chlamydia facilitate the transmission of HN. The City Council has a reasonable basis to believe that the experiences of Los Angeles County, Orange County and San Diego County as to these sexuaily transmitted or blood bome diseases aze relevant to the experiences of Arcadia. G. The City Council has also determined that live entertainment facilities with or without the service of alcohol bring deleterious secondary effects into the community and it is necessary to protect the health, safety, and general welfaze of the citizens of the City of Arcadia. In addition to the findings in studies conducted in other cities regarding increases in crime rates and blighring of areas in which such businesses are located, the City Council also takes legislarive norice o£the facts recited in the case ofKev, Inc., v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); and Ti1y B. v. City of Newport Beach (1999) 69 Ca1.App.4th 1, regazding how live adult entertainment facilities result in secondary effects such as prostitution, drug dealing, and other law enforcement problems. The City has a reasonable basis to conclude that these secondary effects are in play for live entertaixunent facilities wluch do not seive alcohol which are many times referred to as `hude juice bars" but in most cases provide totally nude dancers on a raised center stage and offer some -4- type of off stage activity. It is important to note that the same dancers who perform on stage totally nude then add a minimal amount of clothing and move immediately off stage in most cases offering some type of off stage faze typically referred to as lap dances wherein the entertainer will mount the patron and rub various body parts on the patron's clothed genitals often times un61 the patron ej aculates. The City has relied on information from police officers from its jurisdiction as well as informarion as to the experiences of sister communities to support its finding that live entertainment facilities have increased crime, including drug related activities, all of which place an added burden on the resources of the City's police deparhnent. H. The City also takes legislative note of the number of courts that have upheld distance limitations between performers and patrons, prohibitions against physicaI contact between performers and patrons, and precluded direct exchange of monies between performers and patrons at adult businesses that provide live entertainment, including, based on the presence of secondary effects including, but not limited to: Gammoh v. City of La Habra (9th Cir. 2005) 395 F3d 1114; Tily B. v. City ofNewport Beach (1999) 69 Ca1.App.4th 1; Colacurczo v. Ciry of Kent, 163 F3d 545 (9th Cir. 1998); BSA, Inc. v. King County, 804 F.2d 1104, 1110-11 (9th Cir. 1986); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995); Parker v. Whitfield Couniy, 463 S.E.2d 116 (Ga. 1995); and Hang On, Inc. v. City ofArlington, 65 F3d 1248 (Sth Cir. 1995). The City Council finds that a 6 foot sepazation is appropriate for reasons which include, but are not limited to: the fact that 6 feet is approximately the distance of two outstretched anns; and it also assists in enforcing tha prohibitions against physical contact and prevents the transmission of illegal drugs. The City Council fitrther finds that the city has continuously and correctly interpreted its e~sting operational requirements to permit off-staga performances so long as such off-stage performances are performed no closer than within 6 feet of a patron and that such interpretation is consistent with the City Councils intent. I. The City Council recognizes the possible hannful effects on children and minors exposed to the effects of adult businesses and recognizes the need to enact regulations which will minimize and/or eliminate such exposure. The City Council takes legislarive notice of the Penal Code provisions authorizing local govemments to regulate matter that is hazmful to minors (i.e., Penal Code § 313 et seq.). The City Councit fiuther takes Iegislative notice of the cases that recognize that protection of minors from sexually explicit materials is a compelling govemment interest, including Crawford v. Lungren, 96 F3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117 (1997) and Berry v. City of Santa Barbara, 40 Ca1.App.4th 1075 (1995). J. While the City Council desires to protect the rights conferred by the United States Constitution to adult businesses, it desires to do so in a manner that ensures the continued and orderly use and development of property within the City and diminishes, to the greatest extent feasible, those undesirable adverse secondary effects which the above mentioned studies have shown to be associated with the opera6on of adult businesses. K. Locational and operational limits on adult facilities are a legitimate and reasonable means of reducing adult businesses' secondary effects and helping to assure that such businesses comply with reasonable regulations to minimize and conirol problems associated with such businesses and thereby protect the health, safety, and welfare of Arcadia residents, protect -5- citizens from increased crime, preserve the quality of life, preserve property values and the chazacter of surrounding neighborhoods and businesses, and deter the spread of urban blight. The requirements contained in this Ordinance do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the City of Arcadia. L. The City Council, in adopting operational standazds, recognizes that these standazds do not preclude reasonable altemative avenues of communication. For example, the closing hours requirement means that adult businesses are free to operate seven (7) days a week for sixteen (16) hours per day. The City Council takes note of the proliferation of adult material on the Internet, satellite television, direct television, CDs, DVDs, and that these various media provide altemative avenues of communication. The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. (Reno v. Arnerican Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997) [the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet]; Anheuser-Busch v. Schmoke, 101 F3d 325, 329 (4th Cir. 1996), cert. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboazds acknowledging that the Intemet is one available channel of communicafion]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820 [recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions].) The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested persons in every coxnmunity with a mere keystroke. An adult business no longer has to be physically located in a City to be available in the community. M. Zoning, licensing or regulatory pernuts, along with operating standards aze a legitunate and reasonable means of ensuring that adult businesses aze located in places and conducted in a manner so as to minimize their adverse secondary effects and to help assure that such operators, businesses, licensees and permittees comply with reasonable regulations related to such requirements to minimize and control problerns associated with such businesses and thereby protect the health, safety, and welfaze of Arcadia residents, protect citizens from increased crime, preserve the quality of life, preserve properiy values and the chazacter of surrounding neighborhoods and businesses, and deter the spread of urban blight. N. The requirements contained in this Ordinance do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in Arcadia, and a sufficient and reasonable number of altemative locations for adult businesses aze provided by the City of Arcadia. The City Council takes legislative norice of the United States Supreme Court decision in Renton that requires the City provide adult businesses a reasonable opportunity to open and operate. The City Council also takes legislative notice of the Ninth CircuiYs decision in Topanga Press, Lim v. City of Long Beach; Isbell v. City of San Diego; and World Wide Video u Cily of Spokane with respect to availability of sites for adult businesses and finds that there aze sufficient sites available for adult businesses within the City. O. It is not the intent of the City Council of the City of Arcadia in enacting trus Ordinance or any provision here of to condone or legitunize the distribution of obscene material, -6- and the City and its Council recognize that State law prohibits the distribution of obscene materials and expect and encourage law enforcement officials to enforce State obscenity statutes against such illegal activi6es in Arcadia. P. The City Council does not intend to regulate in any area preempted by California law, including but not limited to, regulation of obscene speech, nor is it the intent of the City Council to preempt regulations of the State Department of Alcoholic Beverage Conuol ("ABC"). Q. Nothing in this Ordinance is intended to authorize, legalize, or percnit the establishment, operation, or mainfenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexua] conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. SECTION 1. Chapter 2, Article XI of the Arcadia Municipal Code is hereby amended by deleting Sections 9279.1 and 9279.4 through 9279.14 of Chapter 2, Article XI and relocating them to Chapter 8, Article VI of the Arcadia Municipal Code, with renumbered sections. SECTION 2. A new Section 9279.1 is hereby added to Chapter 2, Article XI of the Arcadia Municipal Code to read in its entirety as follows: "9279.1. DEFINTTIONS The definitions contained in the Arcadia Municipal Code, specifically those found in Chapter 8, Article VI shall govern far purposes of this chapter." SECTION 3. Section 92793 of Chapter 2, Article XI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9279.3. PERNIIT REQLJIREMENTS A. All adult businesses that meet the zoning and location requirements set forth in ttris Division are also subj ect to the adult business regulatory permit requirements of this Section, and the requirements of Chapter 8, Article VI, as well as all other applicable ordinances of the City and laws of the 5tate of California. B. Applications must be complete and accompanied by the following: 1. Two (2) sets of preliminary site plans drawn to scale and cleazly dimensioned which include but aze not limited by the following: a) Scale and north arrow. b) Street addresses of lot or lots to be included as part of the adult entertainment business. c) Size of lots accurately dimensioned. d) Location and size of all existing and proposed structures. e) Location and size of all existing and proposed parking stalls. -7- fl I,ocation of all landscaped area. g) Location of trash area(s). h) Location of proposed exterior lighting system as required by Secfion 6805 of Chapter 8, Article VI. 2. Two (2) sets of preliminary floor plans drawn to scale including square footage and clearly dimensioned showing the interior configuration of the premises and showing compliance with the performance standards set forth in the Ordinance codified in this Division. A radius map(s) illustrating: a) The distance from any other adult business measured between the neazest exterior wall of the facility or tenant space housing such use or proposed use along the shortest route intended and available for public traverse between said uses; and b) The distance from any existing residentially zoned properiy, pazk, recreation azea, religious establishment, library, school or day care facility. The distances set forth above shall be measured between the nearest exterior wall of the facility or tenant space housing the adult business or the proposed adult business and the neazest property line included within the residential zone, park, recreation azea, religious establiskunent, library, school or day care facility, along a straight line extended between two (2) points." 4. The Director may waive receipt of some of the above information if the Director determines that such information is not necessary. The Director may require additional information if the Director deems such information necessarily to adequately evaluate the applicafion. SECTION 4. Section 9279.15 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Secrion 9279.4. SECTION 5. Section 9279.16 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 9279.5. SECTION 6. Chapter 8, entitled "Adult Business License," is hereby added to Article VI ofthe Municipal Code with sec6ons numbered 6800 et seq. SECTION 7. Section 6800 is hereby added to Chapter 8, Article VI of the Arcadia Municipal Code to read in its entirety as follows: "6800. PURPOSE The intent of this chapter is to regulate uses which, because of their very nature, aze believed to have any of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of Adult Oriented Businesses; interference with residential, -8- commercial and industrial properiy owners' enjoyment of their property when such property is located in the vicinity of Adult Oriented Businesses due to increased crime, debris, noise and vandalism; lugher crime rates in the vicirtity of Adult Oriented Businesses; and blighting conditions such as low-level maintenance of commercial premises and pazking lots which thereby have a deleterious effect upon adj acent ueas. Special regulation of these uses is necessary to ensure that these adverse effects will not conhibute to the blighting or downgading of the neighborhoods in the vicinity of the Adult Oriented Businesses. In approving the regulations contained in this article, the city council has reviewed detailed studies, reports and letters prepared by other jurisdictions and its own staff with respect to the detrimental social, health and economic effects on persons and properties surrounding Adult Oriented Businesses. These studies include Uplarid, California (1992); Gazden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beatunont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, Califomia (1978); Amarillo, Texas (1977); Cleveland, Oluo (1977); Los Angeles, California (1977); State ofMinnesota, Attorney General Report (1989); Newport news, Virginia (1996); St. Paul, Miunesota (1987); Corpus Christi, Texas (1995); National Law Center (1995); and Azusa (2003) (collectively "Studies"). The Studies substantiate the adverse, secondary effects of adult businesses. It is neither the intent nor effect of trus chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this chapter to reshict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors or eachibitors of sexually oriented materials to their intended mazket. Nothing in this chapter is intended to authorize, legalize or pernut the establishment, operation ar maintenance of any business, building or use which violates any City ordinance or any statute of the State of Califomia regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or hazmful matter or the eachibition or public display thereof." SECTION 8. Section 6801 (formerly Section 9279.1) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirefy as follows: "6801. DEFINTTIONS. In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this Division and Article VI, Chapter 7, be defined as follows, unless it is cleazly apparent &om the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail. A. "Adult arcade" shall mean a business establishment to which the public is permitted or invited and where coin, cazd or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices aze maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual acrivities" or "specified anatomical azeas." Such devices shall be referred to as "adult azcade devices." -9- B. "Adult booth/individual viewing area" shall mean a partitioned or partially enclosed portion of an adult business used for any of the following purposes: 1. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or chazacterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical azeas"; or 2. Where "adult arcade" devices are located. C. "Adult business" sha11 mean: A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabazet, adult motel or hotel, adult modeling studio (as these phrases aze defined in this section); or A business establiskunent or concern which as a regulaz and substantial course of conduct offers, sells or dish-ibutes "adult oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical azeas" but not including those uses or activities (as these phrases are defined in this section) which are preempted by State law. D. "Adult cabazeY' shall mean a business establishxnent (whether or not serving alcoholic beverages) that features "adult live entertainment." E. "Adult hoteUmotel " shall mean a"hotel" ar"motel" (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that aze distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical azeas" (as these phrases are defined in this section). F. "Adult live entertainment" shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer (including but not limited to a topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similaz performers) exposes to public view, without opaque covering, "specified anatomical areas' ; and/or (2) the performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical azeas aze covered. -10- G. "Adult modeling studio" shall mean a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such consideration. "Adult modeling studio" does not include schools maintained pursuant to standazds set by the Board of Education of the State of Califomia. H. "Adult motion pictute theater" shall mean a business establishment, with or without a stage or proscenium, where, on a regulaz and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or sunilaz electronically-generated reproducrions that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical azeas." I. "Adult oriented material" shall mean accessories, pazaphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer softwaze, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical azeas." "Adult oriented material" shall include "sexually oriented merchandise." J. "Adult retail store" shall mean a business establistunent having as a regular and substantial portion of its stock in irade, "adult oriented material" and/or "sexually oriented merchandise." K. "Day care facility" or "day care center" means any child day care facility as defined in Section 1596.750 of the California Health and Safety Code other than family day care homes. L. "Establishxnent of an adult business" shall mean any of the following: 1. The opening or commencement of any "adult business" (as defined earlier) as a new business; 2. The conversion of an existing business, whether or not an "adult business," to any "adult business"; 3. The addition of any "adult business" to any other existing "adult business"; 4. The relocation of any "adult business"; or 5. Physical changes that expand the square footage of an existing "adult business" by more than ten percent (10%). -11- M. "Owner/pernut holder" shall mean any of the following: (1) the sole proprietor of an adult business; (2) any general partner of a partnership that owns and operates an adult business; (3) a corporation; (4) the owner of a controlling interest in a corporation or limited liability company that owns and operates an adult business; or (5) the person designated by the officers of a corporarion or the members of a Limited Liability Company to be the permit holder for an adult business owned and operated by the corporation. N. "Park" shall mean any pazk, playground, swimming pool, golf course or athletic field within the City which is under the City's control, operation and management, and the Arcadia County Pazk. O. "Performer" shall mean any person who is an employee or independent connactor of an adult business, and who, with or without any compensadon or other form of consideration, performs adult live entertainment for patrons of an adult business. Performer does not include a patron. P. "Religious institution" shall mean structure or facility that is used primarily for religious worship and related religious activities such as a church, temple or synagogue. Q. "Residential zone" shall mean any property within the City which carries a zoning designation of R-M Residential Mountainous Zone Single Family Zone; R-O Residenrial First One-Family; R-1 Residential Second One-Family; R-2 Medium Density Multiple-Family Residential Zone; and R-3 Multiple Family Residential Zone. R. "School" shall mean any institution of leaming for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or is maintained pursuant to standazds set by the Boazd of Education of the State of Califoxnia and has an approved use permit, if required under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of educarion under the jurisdiction of the California Deparhnent of Education, but it does not include a vocationa] or professional insriturion of higher education, including a community or junior college, college, or university. It does not include private instructional and/or tutoring faciliries. S. "Sexually oriented merchandise" shall mean sexually oriented implements, paraphemalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similaz sexually oriented devices which are designed or marketed primarily far the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical azeas." -12- T. "Specified anatomical azeas" shall mean and include any of the following: 1. Less than completely and opaquely covered, and/or simulated to be reasonabIy anatomically correct, even if completely and opaquely covered human: a) genitals, pubic region; b) buttocks, anus; or c) female breasts below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered. U. "Specified sexual activities" shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering: 1.: Human genitals in a state of sexual stimulation or azousal; and/or 2. Acts of human masturbation, sexual stimulation or arousal; and/or 3. Simulated sexual intercourse; and/or 4. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or 5. Masochism, erotic or sexually oriented torture, beating, or the inflicrion of pain, or bondage and/or restraints; and/or 6. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or 7. Fondiing or other erotic touching of human genitals, pubic region, buttock, or female breast. (Former Section 9279.1 repealed and new Section 9279.1 added by Ord. 2178 adopted 5-6-03)" SECTION 9. Section 6802 is hereby added to Chapter 8, Article VI of the Arcadia Municipal Code to read in its enrirety as follows: "6802. PERMIT REQLIIRLD In addition to the requirements of Section 9279, et seq., of this Code, no adult business shall be pemritted to operate, engage in, conduct or cazry on business within the Ciry unless the owner of the business first obtains both an Adult Business Regulatory pernut and a businass license from the City." 13- SECTION 10. Secrion 6803 (formerly a part of Section 9279.3) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6803. PERMIT REQUIREMENTS. A. It shall be unlawful for any person to establish, operate; engage in, conduct, or cany on any adult business within the City of Arcadia unless the person first obtains, and continues to maintain in full force and effect, an adult business regulatory pernut as herein required. Any occurrence of the "establishment of an adult business" as defined in Arcadia Municipal Code Section 6801(L) shall require a new applicafion for an adult business use pemut. The adult business use permit shall be subject to the development and operational standazds contained in Sections 6805. B. Permit applicants shall file a written, signed, and verified application on a form provided by the Director of Development Services or designee (hereinafter referred to as "Director"). Any changes in informarion on an application shall be submitted on a supplemental application within ten (10) working days of each such change. Such application shall contain the following information and shall also include applicant's aclmowledgment that he/she has read and understands all requirements set forth in Section 6805. 1. If the pertnit applicant is an individual, the individual shall state his or her legal name, including any aliases, telephone number, home address (including previous addresses), tax identification number, social security number, information regarding past adult business ownership, and shall submit satisfactory written proof that he or she is at least eighteen (18) yeazs of age. 2. If the pemut applicant is a partnership, the partners shall state the partnership's complete name, address, and telephone number, and the names (including aliases), telephone number, home address (including previous addresses), taac identification number, social security number, and information on past adult business ownership of all partners. The applicant and all the partners shall also submit satisfactory written proof that he or she is at least eighteen (18) yeazs of age and whether the partnership is general or limited; and sha11 attach a copy of the partnership agreement, if any. 3. If the permit applicant is a corporation, the corporation shall provide its complete name, the date of its incorparaUon, evidence that the corporation is in good standing under the laws of the State of California, the names and capaci6es of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process. 4. If the permit applicant is an individual, he or she shall sign the application. If the permit applicant is other than an individual, each individual or entity with a ten percent (10%) or greater interest in the business entity shall sign the application. Any individual who signs the application must also provide his or her name, including any aliases, home address (including previous addresses), telephone number, date of birth, social security number, information regarding past adult business ownership, and shall submit satisfactory written proof that he or she is at least eighteen (18) years of age. -14- 5. If the permit applicant intends to operate the adult business under a name other than that of the permit applicant, the permit applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name. 6. A description of the type of adult business for wluch the permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site. If premises are leased, a complete copy of the current lease must be attached. The property owner must sign the application. 7. The address to which nofice of acfion on the application is to be mailed. 8. The full names, aliases, if any, addresses, telephone numbers and date of birth of all employees, independent contractors, and other persons who will perform at the adult business, who aze required by Section 6700 et seq. to obtain an adult business performer license. This informarion shall be updated by the licensee of the adult business establishment within five (5) days of retention of any new or additional employees, independent contractors, and other persons who will perform at the adult business, who are required by Secrion b700 et seq. to obtain an adult business performer license. All persons who have been issued an adnlt business regulatory permit shall promptly supplement the informarion provided as part of the application for the permit with the names of all employees, independent contractors, or other persons, who are required to obtain an adult business performer license, within ten (10) working days of any change in the information originally submitted. The information obtained by the City pursuant to this subsection B(8) shatl be kept confidential. 9. Pemut applicafions shall include a signed and verified statement that: A. The pernut applicant, if an individual, or each shareholder, partner, officer and director, or other pariy possessing a ten percent (10%) or greater interest, if a partnership or corporation, has not pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense; or B. If there has been a conviction or a plea, then: (1) More than two (2) yeazs have elapsed between the date of conviction or plea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction or plea is a misdemeanor; or (2) More than five (5) yeazs have elapsed between the date of conviction or plea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction or plea is a felony; or (3) More than five (5) yeazs have elapsed between the date of the last conviction or plea, or the date of release from confinement for the last conviction or plea, wluchever is the later date, and the date of application if the convictions or pleas are two (2) or more misdemeanors or a combination of misdemeanor offenses occurring within any twenty-four (24) month period. -IS- C. The completed application shall be accompanied by a non-refundable application fee. Said fee shall be set forth by Resolution of the City Conncil. D. The completeness of an applica6on for an adult business regulatory pemut shall be deternuned by the Director within five (5) working days of its submittal. If the Director deternunes that the permit application is incomplete, the Director shall immediately notify in writing the permit applicant of such fact and the reasons therefor, including any addi6onal information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon deternunation that the application is incomplete. Within five (5) worldng days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete. E. The fact that a permit applicant possesses other types of State or City permits ar licenses does not exempt the permit applicant from the requirement of obtaining an adult business regulatory permit." SECTION 11. Secfion 6804 (formerly Secrion 9279.4) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6804. INVESTIGATION & ACTION ON APPLICATION FOR ADULT BUSINESS REGULATORY PERMIT A. The completeness of an application for an adult business regulatory permit shall be determined by the Director of Development Services or his designee (hereina8er "Director") within five (5) working days of its submittal. If the Director determines that the permit application is incomplete, the D'uector shall immediately notify in writing the permit applicant of such fact and the reasons therefor, including any additional infortnation necessary to render the application complete. Such wrifing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five (5) worldng days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete. B. Upon receipt of a completed application and payment of the application and permit fees, the Director shall immediately write or stamp the application "Received" and, in conjunction with City staff and the Chief of Police, shall promptly investigate the information contained in the application to determine whether an adult business regulatory permit shall be granted. -16- C. Within ten (10) working days of receipt of the completed application, the Director shall issue or deny the license, unless extended for five (5) additional working days upon a showing of good cause. Only one such extension shall be permitted unless requested by the applicant. D. In reaching a decision, the Director shall not be bound by the formal rules of evidence in the Califomia Evidence Code. E. The failure of the Director to render any decision within the time frames established in any part of this Section shall be deemed to constitute an approval, subject to appeal to the Business License Review Board, pursuant to Secrion 6807. The Direcfor's decision shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this Code. F. Notwithstanding any provisions in this Section regarding the occurrence of any acrion within a specified period of time, the applicant may request addifional time beyond that provided for in this Section or may request a continuance regazding any decision or considerarion by the City of the pending application. Extensions of fime sought by applicants shall not be considered delay on the part of the Ciry or constitute failure by the City to provide for prompt decisions on applications. G. The Director shall grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows: 1. The Director shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. 2. If the application is denied, the D'uector shall attach to the application a statement of the reasons for the denial. 3. If the application is granted, the Director shall stamp "Approved" on the application. H. The Director shall grant the application and issue the adult business regulatory permit unless the application is denied based upon one (1) or more of the criteria set forth in subsecrion J below. I. If the D'uector grants the application, the applicant may begin operating the adult business for which the permit was sought, subject to strict compliance with the development and operational standazds and requirements of this Division. The perxnit holder shall post the pernut conspicuously in the premises of the adult business. J. The Director shall deny the application for any of the following reasons: 1. The adult business does not comply with the zoning and location standazds found in Section 9279.2. -17- 2. The adult business does not comply with the development, operational or performance standazds found in this Division. 3. The permit applicant, his or her employee, agent, partner, director, officer, shareholder with a ten percent (10%) or greater interest, or manager has made any false, mislead'uig, or fraudulent statement of material fact in the application for an adult business regulatory permit or in any report, record, or document required to be filed with the application, the Police Department, Sheriff, other law enforcement agency, or other department of the City. 4. The pernut applicant is under eighteen (18) years of age. 5. The required application fees have not been paid. 6. The permit applicant, if an individual, or any shazeholder, partner, officer, director or other party possessing a ten percent (10%) or greater interest, if a partnership or corporation, has: (a) Pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense; and (b) (1) Less than rivo (2) yeazs have elapsed beriveen the date of conviction or plea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction or plea is a misdemeanor; or (2) Less than five (5) years have elapsed between the date of conviction or plea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction or plea is a felony; or (3) Less than five (5) yeazs have elapsed between the date of the last conviction or plea, or the date of release from confinement for the last conviction or plea, whichever is the later date, and the date of application if the convictions or pleas aze two (2) or more misdemeanors or a combination of misdemeanor offenses occurring within any twenty-four (24) month period. 7. Within the past eighteen (18) months the applicant, including, but not limited to, an owner, partner or shareholder with a 10% or greater financial interest has been found to haue violated axiy provision of this division, has had an adult oriented business permit or similaz entitlement permitting the establishment of an adult or sexually oriented business revoked, regardless of whether such revocation occurred within the City or in some other jurisdic6on. K. An applicant cannot re-apply for an adult business regulatory pernut for a location for which the applicant previously submitted an application within one (1) yeaz from the date of prior denial, if the denial is based on Subsection (~(6). Denial for any other reason shall be without prejudice to re-application at any time. L. Any affected person may appeal the decision of the Director in writing in accordance with the provisions of Section 6807: ' -18- SECTION 12. Section 6805 (formerly Section 9279.5) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6805. DEVELOPMENT AND OPERATING STANDARDS. A. Hours of Operation. It shall be unlawful for any permitee, owner, operator, manager or employee of an adult business to allow such adult business to remain open for business, or to pernut any employee or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 10:00 a.m. of any day excepting herefrom an"adult hoteUmotel." B. Exterior Lighting Requirements. All exterior azeas, including pazking lots, of the adult business shall be illuminated at a minimum of 1.50 foot-candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare ar reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within twenty-fow (24) hours. C. Interior Lighting Requirements. All interior azeas of the adult business excepting therefrom adult hotels and motels shali be illuminated at a minunum of 1.00 foot-candle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within twenty-four (24) hours. D. Minors' Access. l. To the extent that it is in conformity with the Penal Code, movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NG17" by the Motion Picture Association of America ("MPAA") or which have not been submitted to the MPAA for a rating and which are distinguished or chazacterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas shall be restricted to persons at least eighteen (18) yeazs of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen (18) yeazs of age sells, rents, or displays movies, videos, DVDs, or laser disks that have been rated "X" or rated "NG17" by the MPAA, or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical azeas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishxnent where persons under the age of eighteen (18) shall be prohibited. 2. For material relative to adult businesses not covered by Subsection (D)(1), of this Section, access shall be restricted to persons over eighteen (18) years of age. 3. It shall be unlawful for any employee, owner, operator, responsible managing employee, manager or pemuttee of an adult business to allow any person under the age of eighteen (18) yeazs upon the premises or within the confines of any adult business, either as a patron or employee, if no liquor is served, or under the age of twenty-one (21) if liquor is served. -19- E. Regulation of Adult Booth/Individual Viewing Area. 1. No adult booth/individual viewing area shall be occupied by more than one (1) individual at a time. 2. Each adult booth/individual viewing azea within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way minor or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing azea from the main aisle. A manager shall be stationed in the main aisle at all times. Further, no one sha11 maintain any adult booth/individual viewing azea in any configuration unless the entire interior wherein the picture or entertainment is viewed is visible from one main aisle. The entire body of any patron in any. adult booth/individual viewing azea must be visible from the main aisle without the assistance of minors or other device. 3. No doors aze permitted on an adult booth/individual viewing azea. No partially or fully enclosed adult booth/individual viewing azeas or partially or fully concealed adult booth/individual viewing areas shall be permitted. 4. No holes or other openings (commonly lrnown as "glory holes") shall be permitted between adult booths/individual viewing azeas. Any such hole or opening shall be repaired within twenty-four (24) hours using "pop" rivets to secure metal plates over the hole or operring to prevent patrons from removing the metal plates. 5. No beds shall be permitted in an adult bootU/individual viewing azea. F. Interior of Premises. No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be coeered with opaque coverings at all times. G. On-Site Manager--Security Measures. All adult businesses shall have a responsible person who sha11 be at least twenty-one (21) years of age and shall be on the premises to act as manager at all rimes during wluch the business is open. The individual designated as the on-site manager shall be registered with the Director to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises. All adult businesses shall provide a security system that visually records and monitors all parking lot azeas during all business hours. At least one (i) security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times. The security guard shall be chazged with preventing violations of law and enforcing the provisions of ttus chapter. All security guazds shall be uniformed so as to be readily identifiable as a security guazd by the publia No person acfing as a security guazd shall act as a door person, ticket taker or seller, or any similaz function, while acting as a security guard. For a11 adult oriented businesses providing live entertainment, an additional security guard shall be provided with each increase in maximum -20- occupancy of 200 persons. Security guards sha11 be licensed under the California Private Security Services Act, Business & Professions Code Section 7580 et seq. H. Sign Requirements. All adult businesses shall comply with the following sign requirements, in addition to those otherwise set forth in the Arcadia Municipal Code. Should a conflict exist between the other requirements of the Arcadia Municipal Code and tkus subsection, the more restrictive shall prevaiL 1. If an adult business does not serve alcohol, it shall post a notice inside the establishment, within ten (10) feet of every entrance used by customers for access to the establishment, stafing that persons below the age of eighteen (18) yeazs of age aze prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice sha11 be no less than six (6) inches by six (6) inches, with a minimum typeface of twenty-five (25) points on contrasUng background. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department. 2. No material relative to adult businesses on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building. I. Adult Live Entertainment--Additional Operating Requirements. The following additional requirements sha11 pertain to adult businesses providing live entertainment. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit the operation of an adult business to engage in, conduct or cany on unless all of the following requirements are met: 1. No employee, owner, operator, responsible managing employee, manager or permittee of such use shall allow any person below the age of eighteen (18) years upon the premises or within the confines if no liquor is served, or under the age of twenty-one (21) if liquor is served. 2. Except as provided below, no performer then perfornung adult live entertainment characterized by the exposure of specified anatomical azeas or specified sexual activities shall perform such adult live entertainment at an adult business except upon a permanently fixed stage at least eighteen (18) inches above the level of the floor surrounded by a railing at least thirty (30) inches high which railing is set back from the outside edges of the stage by six (6) feet. The performer then perfomiing live entertainment characterized by the exposure of specified anatomical azeas or specified sexual activities shall only perform such live entertainment six (6) feet or more from a patron while the performer is so performing. 3. A performer shall only be permitted to perform off-stage adult live entertainment characterized by the exposure of specified anatomical azeas or specified sexual acrivities when such performer is at least six (6) feet from a patron while the performer is so performing. This provision shall not apply to an individual viewing azea where the performer is completely separated from the patson by a floor to ceiling permanent solid barrier enclosed on all sides such that access by the patron is not possible. -21- 4. No performer then performing adult live entertainment characterized by the exposure of specified anatomical azeas or specified sexual activities sha11 have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is perfornung on the premises. In addition, while on the premises, no performer shall have physical contact with a pah~on and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft or the buttocks, perineum, anal region, or female breast with any part or azea of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shail be advised of the separation and no touching requuements by signs conspicuously placed on the barrier between patrons and performers. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business. 5. All employees, except therefrom performers while performing, shall, at a minnnum while on or about the premises or tenant space, weaz an opaque covering which covers their specified anatomical areas. 6. No performer then performing adult live entertainment chazacterized by the exposure of specified anatomical azeas or specified sexual activities shall accept direcfly from a patron, and no patron shall directly hand to such performer any tip or gratuity, throw tips to performers, or place tips in the performers' costuxnes. Patrons shall be advised of these tipping and gratuity requirements by signs conspicuously placed on the premises. If necessary, patrons shall also be advised of the tipping and grahury requirements by employees or independent contractors of the adult business. 7. The adult business shall provide dressing rooms for performers that aze sepazated by gender and exclusively dedicated to the performers' use, and which the performers shall use. Same gender performers may shaze a dressing room. Patrons shall not be permitted in dressing rooms. 8. The adult busine'ss sha11 provide an entrance/exit for performers which is sepazate from the entrance/exit used by patrons, which the performers shall use at all times. 9. The adult business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such sepazate access is not physically feasible, the adult business shall provide a minimum ttiree (3) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers. NotYung in this Section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility. 10. Fixed rail(s) at least tlurty (30) inches in height shall be maintained establishing the sepazations between performers and patrons required by this Subsection. _22_ J. Adult Motion Picture Theater. An adult motion picture theater shall observe the following special requirements: 1. If the theater contains a hall or auditorium azea, the azea shall comply with each of the following provisions: a. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the area; b. Have a continuous main aisle alongside of the seating areas in order that each person seated in the azeas shall be visible from the aisle at all times; and c. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditoriuxn azea, which number shall not exceed the number of seats within the hall or auditorium azea. 2. If an adult motion picture theater is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those persons may not be seen from any public right-of-way, day care facility, park, schbol, or religious institution, as those terms aze defined in this Division. K. Regulation of Public Restroom Facilities. If the adult business is required to provide restrooms for patron use, it shall provide sepazate restroom facilities for male and female patrons. The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who sha11 be present in the public portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one (1) person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities aze used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers. L. Trash. All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag at least once a day. (Amended by Ord. 2178 adopted 5-6-03)" SECTION 13. Sec6on 6806 (formerly Section 9279.6) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6806. TRANSFER OF ADULT BUSINESSES OR ADULT BUSINESS REGULATORY PERMTTS. A, A permit holder shall not operate an adult business under the authority of an adult business regulatory pernut at any place other than the address of the adult business stated in the application for the pernut. -23- B. In the event of a transfer of ownership of the adult business or the adult business regulatory permit, the new owner shall be fully informed by the transferor of the requirements of this Division, including the operational and development standards of Section 6805 and the provisions relating to adult business performer licenses including disqualification from certain criminal convictions pursuant to Sections 6804(J)(6) and 6703(C)(3). C. In the event of a transfer of the adult business or the adult business regulatory permit, the transferee must provide the City with the following information at least thirty (30) days prior to the transfer. D. No permit shall be transferred to a transferee with criminal convictions as set forth in Section 6804(J)(6). Such transfers aze deemed to be null and void. E. If the pernut holder is a corporation and the corporation retains ownership of the business, the sale of the corporate stock shall not be considered a transfer of an adult business regulatory permit under tkris section. The new shazeholders shall provide all informarion required under Section 6803 (B)(4) within ten (10) working days of sale of stock." SECTION 14. Section 6807 (formerly Secrion 9279.7) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6807. DENL4L, SUSPENSION OR REVOCATION OF ADULT BUSINESS REGULATORY PERMITS/APPEAL PROCEDURE. A. On detennining that the grounds for pernut denial, suspension, or revoca6on exist, the D'uector shall fumish written notice of the proposed denial, suspension, or revocation to the permit applicant or permit holder. Such notice sfiall set forth the time and place of a public hearing before the Business License Review Boazd (hereinafter refened to as the "Board") and the ground or grounds upon which the hearing is based, the pertinent Arcadia Municipal Code Sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the address of the permit applicant or permit holder provided to the City, or shall be delivered to the petmit applicant or permit holder personally or at the business, at least ten (10) working days prior to the hearing date. The hearing shall be consistent with the following requirements: 1. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. 2. The Board shall not be bound by the formal rules of evidence. 3. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or witness at the request of the permit applicant or permit holder. Extensions of tune or continuances sought by a pemut applicanf or pemut holder shall not be considered delay on the part of the City or constitute failure by the Ciry to provide for prompt decisions on permit denials, suspensions, or revocations. -24- 4. The Boazd may conduct the hearing itself or may delegate the hearing to a retired judge who shalt hear the case and make a proposed decision to the Boazd within five (5) worlang days of the conclusion of the hearing. Upon receipt of the designee's proposed decision, the Board shall convene within four (4) working days to render its decision. If the Boazd finds and deternunes that there are grounds for denial, suspension or revocation, the Boazd shall impose one of the following: a. Denial of the pemut or conditional granfing of the permit; b. Suspension of the permit for a specified period not to exceed six (6) months; or c. Revocation of the pemut. The Board shall render a written decision that shall be hand delivered or overnight mailed to the permit holder within five (5) working days of the Boazd convening to render its decision. B. A permit may be suspended or revoked based on the following causes arising from the acts or omissions of the pernut holder, or an employee, agent, partner, clirector, stockholder with a ten percent (10%) or greater interest, or manager of the permittee (unless an entertainer is an employee, any entertainer shall be deemed to be an agent of the pernvttee for purposes of this chapter): 1. The use or building, structure, equipment, or location used by the adult business fails to comply with applicable building, fire, electrical, plumbing, health, and those zoning requirements of the Arcadia Municipal Code or this Division relating to adult businesses, including the adult business development and operating standazds contained in Section 6805. 2. The permit holder has failed to obtain or maintain all required City, County, and State 2icenses and pernuts. 3. The permit holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult business regulatory pemut. 4. The permit is being used to conduct an activity different from that for which it was issued. 5. The permit holder has failed to submit and/or update the information pertaining to performers in accordance with Section 6803(B)(8). 6. An adult business has been operated without a responsible adult on the premises, officially acting in the capacity of manager, at all times during which the business is open or operating. -25- 7. That a pernuttee, including, but not limited to, an owner, partner, or shareholder with a ten percent (10%) or greater financial interest, or employee of an adult business, has pled guilty or nolo contendere or been wnvicted of an offense classified by this or any other state as a sex- related offense and (a) less than two (2) yeazs have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor, or (b) less than five (5) years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or (c) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions aze two (2) or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four (24) month period. 8. That an individual employed by the adult business has been convicted of rivo (2) or more sex-related offenses that occurred in or on the licensed premises within a twelve (12) month period and was an employee of the adult business at the time the offenses were committed. 9. That the use for which tlie approval was granted has ceased to exist or has been suspended for more than six (6) months. 10. That the transferee/new owner of an adult business or adult business regulatory pemvt fails to comply with the requirements of Section 6806. 11. The pemut holder, employee, agent, partner, director, stockholder with at least a ten percent (10%) interest in the business, or manager has knowingly allo~ved or pemutted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business; or a pernvttee has been convicted of violating any of the following State laws on tlie premises of the adult business: a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation. b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur. a The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 of the Califomia Pena1 Code. d. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code. e. Any conduct constituting a criminal offense which requires registration under Section 290 of the Califomia Penal Code. -26- f. An act or omission in violation of any of the requirements of this Division if such act or omission is with the lrnowledge, authorization, or approval of the permit holder or is as a result of the pernut holder's negligent supervision of the employees of the adult facility. This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminaI conduct, violate the law and otherwise impair the free enjoyment of life and properiy. C. In the event a pernut is revoked (or suspended) pursuant to this Section, another adulf business regulatory pemut to operate an adult business shall not be granted to the pemuttee, or any other owner, manager, director, board member or immediate family member of any of the above within eighteen (18) months after the date of such revocation (or if suspended, during the period of suspension). D. Nothwithstanding any other provision of this Code, the decision of the Business License Review Board on any suspension or revocation shall be deemed final." SECTION 15. Sectian 6808 (formerty Section 9279.8) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6808. NDICIAL REVIEW. A. The time for a court challenge to a decision of the Board under Section 6807 is governed by California Code of Civil Procedure § 1094.8. B. Norice of the Board's decision and its findings under Section 6807 shall include citation to California Code of Civil Procedure § 1094.8. C. Any permit applicant or permit holder whose pemut has been denied, suspended, or revoked pursuant to Sections 6804 and/or 6807 shall he afforded prompt judicial review of that decision as provided by Califomia Code of Civil Procedure § 1094.8. D. A suspension ar revocation of an adult oriented business license shall be effective upon the latter to occur of the following: (1) the expiration of the tune period within which the permittee can commence judicial review of the revocation pursuanf to Code of Civil Procedure Section 1094.8 if no such acrion for review is filed; or (2) if judicial review is commenced, upon issuance of judgment in the trial court." SECTION 16. Section 9279.9 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Secdon 6809 in Chapter 8, Article VI of the Arcadia Municipal Code. SECTION 17. Section 6810 (formerly Section 9279.10) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: _2~_ "6810. EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS LINDER THE AGE OF EIGHTEEN (18) YEARS PROHIBITED; TWENTY-ONE (21) IF ALCOHOLIC BEVERAGES ARE SERVED. A. Employees. Employees of an adult business must be at least eighteen (18) yeazs of age. It shall be untawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to employ, contract with, or othenvise retain any services in connection with the adult business with or from any person who is not at least eighteen (18) yeazs of age. If alcoholic beverages aze served at the adult business, employees of the adult business must be at least twenty-one (21) yeazs of age. If alcoholic beverages aze served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to employ, contract with, or otheiwise retain any services in connection with the adult business with or from any person who is not twenty-one (21) yeazs of age; and said persons shall exercise reasonable caze in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business. The provisions oftlus subsection do not apply to service employees (e.g., janitors, repair and maintenance workers, or similaz service workers) whose work is not conducted during the normal hours of operation as set forth in Section 6805. B. Patrons. Patrons of an adult business must be at least eighteen (18) years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to pernrit to enter or remain within the adult business any person who is not at least eighteen (18) years of age. If alcoholic beverages aze served at the adult business, patrons must be at least twenty-one (Z 1) years of age. If alcoholic beverages aze served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least twenty-one (21) yeazs of age; and said persons shall exercise reasonable caze in ascertaining the true age of persons entering the adult business. C. X-rated Movies. The selling, renting and/or displaying of movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NC-17" by the Motion Picture Association of America ("MPAA") shall be restricted to persons at least eighteen (18) yeazs of age or older. If an establishment that is not otherwise prohibited from providing access to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, CDs, or laser disks that have been rated "X" or rated "NG 17" by the MPAA, or which have not been submitted to the MPAA for a raring, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment from which persons under the age of eighteen (18) shall be prohibited." SECTION 18. Section 9279.I 1 of ChapYer 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 6811 of Chapter 8, Article VI of the Arcadia Municipal Code. _28_ SECTION 19. Section 9279.12 of Chapter 2, Articie IX of the Arcadia Municipal Code is hereby renumbered as Section 6812 of Chapter 8, Article VI of the Arcadia Municipal Code. SECTION 20. Section 9279.13 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 6813 of Chapter 8, Article VI of the Arcadia Municipal Code. SECTION 21. Section 9279.14 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 6814 of Chapter 8, Article VI of the Arcadia Municipal Code. SECTION 22. Section 6815 is hereby added to Chapter 8, Article VI of the Arcadia Municipal Code to read in its entirety as follows: "6815. PUBLIC NLJISANCE. In addition to the penalties set forth in 5ecrion 6814 above, any adult business which is operating in violation of these provisions regulating adult businesses is declared to constitute a public nuisance and, as such, may be abated or enjoined from fitrther operation." SECTION 23. Section 6816 is hereby added to Chapter 2, Article IX of the Arcadia Municipal Code to read in its enrirety as follows: "6816. SEVERABIL,ITY. If any section, subsection, pazagraph, sentence, clause, or phrase of this Division and the Ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, pazagraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council hereby declares that it would have adopted this Division and the Ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, ciauses, or phrases may be determined to be unconstitutional, invalid, or ineffective." SECTION 24. The City Clerk shall certify to the adoption of this Ordinance and shall cause the 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 trurty-first (315`) day after its adoption. [SIGNATLTRES ON NEXT PAGE] -29- Passed, approved and adopted this 15thday of November , 2005. 1~1 J~HN MIUO~ Mayor of the City of Arcadia ATTEST: /S/ ~A~ES Ho ~~RRO~~ City Clerk APPROVED AS TO FORM: . ~---- n ~ ~... City Attomey -30- 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. 2211 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 15th day of November, 2005 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None /Sl JAMES H. ~~RR~~~ City Clerk of the Ciry of Arcadia 31 .. . ~ , i<, ,~..~.~.. ..._,..,~ Co~m4a~~~{KoB`• STAFF REPORT Police Deparirnent DATE: November 15, 2005 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief ofPolice~ By: Nancy Chik, Management Analyst-~ SUBJECT: Recommendation: Adopt ~ SUMMARY The Police Department requests amendment to Section 3907 of the Arcadia Municipal Code pertaining to false security alarm cost assessmenUgrace period. Spec~c fees have historically been included in the Municipal Code, and it is recommended that the fee amounts be deleted from the Municipal Code and that updated fees will be set by resolution from time to time. BACKGROUND 8 DISCUSSION The Department responds to about 3,500 false alarm calls per year. Each response requires a minimum of two officers to respond on these calls. Several alarm activations occurring in a short period of time can deplete the patrol strength, thus depriving residents and visitors access to emergency seroices. Those locations that chronically have a history of false alarm activations become nuisances. The City has an ordinance dealing with security alarm systems, the required permits, a process for assessing penalties for nuisance locations, and criminal prosecution 'rf necessary. Residences and businesses with a security system used for deterring burglaries are allowed 3 false alarms over a 365-day period, starting with the first alarm with no penalty assessment. The fourth and subsequent alarms in the 365-day period can be assessed a penalty that increases with each false alarm. In our review of the ordinance pertaining to faise alarm fees, it has come to our attention that the fees charged for false alarm responses are too low. The City should be able to recoup reasonable fees for services and to encourage residen4s and business owners to properly maintain their alarm systems. Because fee assessments are periodically reviewed and adjusted, it is recommended that the fee amounts be removed from the Municipal Code and that updated fees will be established by resolution adopted by the City Council from time to time. The proposed amendment will read as follows: "3907. FALSE SECURITY ALARM COST ASSESSMENT/ GRACE PERIOD. Any person having a security alarm system which results in an Arcadia Police Department response in which the security alarm proves to be a false security alarm, shall pay a cost assessment fee to the City of Arcadia as established from time to time by Resolution of the City Council. There will be no penalty assessment for any false security alarms that occur within tfiirty (30) calendar days of the initial completed installation of a new security alartn system. A false security alarm cost assessment shall be paid to the City after four (4) false security alarms have been received from any one (1) source from any one (1) security alarm system, in accordance with the following schedule: A. The first through third false security alarm in any consecutive three hundred sixty-five (365) day period will incur no cost assessment. B. For each of the fourth and fifth false security alarms in any consecutive three hundred sixty-five (365) day period, there will be a cost assessment as set forth by Resolution of the City Council. C. For each of the sixth and all subsequent false securiry alarms in any consecutive three hundred sixty-five (365) day period, there will be a higher cost assessment as set forth by Resolution of the City Council. D. Notwithstanding any provisions herein to the contrary, for each false security alarm which specifically signals a robbery regardless of any other crime, there shall be a cost assessment as set forth by Resolution of the City Council, commencing with the second false security alarm in any consecutive three hundred sixty-five (365) day period. After one (1) "robbery" false security alarm, the City shall issue a waming notice to the security alarm user. As set forth in Penal Code Section 211, "robbery° means the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, by means of force or fear. Notwithstanding any provision herein to the contrary, the cost assessment set forth in this subsection D shall not apply to so- called "panic" alarrrts which signify any kind of emergency. The purpose of this Section 3907 is, in part, to assure that assessments shall apply to any person whose security alarm system results in at least four (4) false security alarms within any consecutive three hundred sixty-five (365) day period. Any false security alarm within any three hundred sixty-five (365) day period shail be counted as part of the calculation of cost assessments as set forth by Resolution of the City Council. Accordingly, a person cannot be cleared of any false security alarms in this determination, unless that person's security a(arm system does not register any false security alarms for at least three hundred sixty-five (365) consecutive days." FISCAL IMPACT With the new false alarm fees to be established by Resolution, the City anticipates an annual revenue of $5,000 to $10,000. RECOMMENDATION Adopt Ordinance No. 2212 amending Section 3907 of the Arcadia Municipal Code Conceming False Security Alarms. Approved: '^,~"" ~ wv~ William R. Kelly, City Manager `.. ORDINANCE NO. 2212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3907 OF THE ARCADIA MUNICIPAL CODE CONCERNING FALSE SECURITY ALARMS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3907 of the Arcadia Municipal Code is hereby amended to read as follows: "3907. FALSE SECURITY ALARM COST ASSESSMENT/GRACE PERIOA Any person having a security alarm system which results in an Arcadia Police Department response in which the security alarm proves to be a false security alarm, shall pay a cost assessment fee to the City of Arcadia as established from time to time by Resolurion of the City Council. There will be no penalty assessment for any false security alarms that occur within thirty (30) calendar days of the initial completed installation of a new security alarm system. A false security alarm cost assessment shall be paid to the City after four (4) false security alarms have been received from any one (1) source from any one (1) security alarm system, in accordance with the following schedule: A. The first through third false security alarm in any consecutive three hundred sixty-five (365) day period will incur no cost assessment. i B. For each of the fourth and fifth false security alarms in any consecutive three hundred sixty-five (365) day period, there will be a cost assessment as set forth by Resolurion of the City Council. C. For each of the sixth and all subsequent false security alarms in any consecutive three hundred sixty-five (365) day period, there will be a higher cost assessment as set forth by Resolution of the City Council. D. Notwithstanding any provisions herein to the contrary, for each false security alarm which specifically signals a robbery regardless of any other crime, there shall be a cost assessment as set forth by Resolution of the City Council, commencing with the second false security alarm in any consecutive three hundred sixty-five (365) day period. After one (1) "robbery" false security alarm, the City shall issue a warning notice to the security alarm user. As set forth in Penal Code Section 211, "robbery" means the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, by means of force or fear.. Notwithstanding any provision herein to the contrary, the cost assessment set forth in this subsection D shall not apply to so-called "panid' alarms which signify any kind of emergency. The purpose of this Section 3907 is, in part, to assure that assessments shall apply to any person whose security alarm system results in at least four (4) false 2 security alarms within any consecutive three hundred sixty-five (365) day period. Any false security alann within any three hundred sixty-five (365) day period shall be counted as part of the calculation of cost assessments set forth by Resolution of the City Council. Accordingly, a person cannot be cleared of any false security alanns in this detemunation, unless that person's security alann system does not register any false security alanns for at least tlu~ee hundred sixty-five days (365) consecutive days. SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. Passed, approved and adopted this iscn day of November , 2005. ~~ JOHN WUO Mayor of the City of Arcadia ATTEST: /S! ~AMES H. B~-RR~~S City Clerk of the City of Arcadia APPROVED AS TO FORM: ~• ~~~ Stephen P. Deitsch City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, Ciry Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2212 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 15th day of November, 2005 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None /S/ JAMES H. ~ARR~~'~ City Clerk of the City of Arcadia 4 , . 3 .q~ ~` . A nc~~RPOAATS9~,eo~ IrJ~l 1~~ ~i ~1~1 Administrative Services Department DATE: November 15, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Developme ervices Director~ Tracey L. Hause, Administrative Services Directo~ SUBJECT: Financinq options for Gold Line arade seqaration at Santa Anita Avenue Recommendation: Provide direction SUMMARY In 2000 the Metro Gold Line Foothill Extension Construction Authority (Authority) and ten (10} cities; (Pasadena to Claremont) agreed to work as a unified team to secure federal funds and begin efforts for the extension of the Metro Gold Line Foothill Extension (Foothill Extension) light rail system through the eastern San Gabriel Valley. In 2003 the Arcadia City Council took action to join the Gold Line Phase II Construction Authority Joint Powers Authority (JPA) to actively participate in decisions affecting the Foothill Extension cities. The City Council has expressed interest in a grade separation at Santa Anita Avenue since the inception of this project. This staff report presents financing options for the construction of such. BACKGROUND In 2000 the Authority and ten (10) cities, (Pasadena to Claremont) agreed to work as a unified team to secure federal funds and begin efforts for the extension of the Metro Gold Line Foothill Extension (Foothill Extension) light rail system through the eastern San Gabriel Valley. The City of Arcadia has actively supported the effort to extend the Foothill Extension light rail system through the eastern cities of the San Gabriel Valley. In 2003 the Arcadia City Council took action to join the Gold Line Phase II Construction Authority Joint Powers Authority (JPA) to actively participate in decisions affecting the Foothill Extension cities. The City then became involved in determining among other factors, the need for a grade separation(s). The Foothill Extension alignment currently crosses two City streets at-grade, Santa Anita Avenue and the intersection of First Avenue and Santa Clara Street. The Authority has determined that these two grade crossings do not meet M-fA policy criteria for grade separations. Nevertheless, the City Council has been concemed with future traffic impacts on Santa Anita Avenue and in the past has expressed interest in a grade separation at that location proposing the possible use of local funds. DISCUSSION Staff has been directed to look at financing options for constructing the grade separation. It is estimated the total cost of the project will be $12 to $13 million (in 2005 dollars). Currently the City has set aside approximately $5 million in transportation related funding in Proposition A&C reserves. As a result, the City needs to consider approximately $8 million in debt issuance proceeds to fund this project. If the City were to ultimately raise the funds to construct the grade crossing, the JPA would construct, own and operate the improvement. The Metropolitan Transit Authority (MTA) would also be responsible for maintenance after the construction is complete. Not included in this report are financing options, such as Certificates of Participation (COP's), as COP's would require an obligatation of the General Fund for any debt service payments. Staff did consider recommending the pledging of Proposition C revenues to fund the debt service payments of COP'S. However, the General Fund would again have to ultimately guarantee the debt service and given the financial constraints the General Fund has been experiencing over the last few years, staff did not feel this was a prudent solution. In addition, $600,000 annually would not be. available from Proposition C funding for on-going street maintenance if this revenue stream was obligated to the debt service for COP's. The three financing options staff is presenting for consideration include: General Obligation Bonds (GO Bonds) The City could offer to the voters on a future ballot (April 2006) the levy of a General Obligation Bond Override (property) tax. A two-thirds (2/3) majority vote would be required for approval. The property tax would be added to the property tax rolis of all homeowners and commercial property owners within the City of Arcadia. This action is exactly the same process taken to fund one-half ('/z) of the $16 miliion for the construction of the Police facility. This "ad valorem" tax, based upon assessed property value, would be set at a rate sufficient to raise revenues to pay the debt service on the General Obligation bonds. The rate can be increased without limit, in order to meet the debt service obligation on the bonds. Preliminary calculations indicate that an annual property 2 f. , i Y tax for this type of debt would be approximately $7.08 per $100,000 assessed valuation. General Obligation bonds can be issued to acquire, construct, or improve real property. Proceeds of the bonds may not be used to purchase equipment or pay for on-going operations or maintenance. From an investor's prospective, General Obligation bonds are the most secure type of municipal bond available, given the unlimited tax rate pledge. They therefore attain the highest ratings and lowest yields of any comparable long- term securities. Furthermore, general obligation bonds do not require a reserve fund or the funding of interest (capitalized interest) during construction of the project with the proceeds of the bonds, which often results in a smaller bond ofFering or debt obligation. Moreover, the cost of issuance is usually lower due to simpler legal and credit structure. The major difficulty in issuing General Obligation bonds is obtaining the two- thirds voter approval that is required for the property tax override. Assessment District Bonds (AD Bonds) Assessment Districts are formed by a public entity for the purpose of issuing debt for public improvements. A special districYs boundaries can be the entire City or some smaller area that is directly benefited from the proposed improvements. Property owners have the ability to pay off in fuil their monetary assessment resulting from the improvements within 30 days if desired. If no prepayments are received, the public entity can issue bonds representing the unpaid assessments. A 50% majority approvai by. the impacted landowners within the special district is required to issue bonds. If approved, property owners make annual payments, via their property tax bill. The amount of payment by each property owner is determined by the special benefit received by each property holder, as determined by the Assessment Engineer. Each property owner will have a fixed lien amount recorded against the property, estimated to be $7.45 per $100;000 assessed valuation annually assuming the entire City is in the district. Assessment Engineers in California have traditionally considered one or more of the following factors in determining the special benefits for each parcels: proximity of property to the project, front footage of the property, area of the property, p.m. peak hour number of trips, number of housing units, building size. Land value itself can only be one of several components used to assign values; otherwise the assessment may be construed as an ad valorem tax requiring a two-thirds vote. 3 r ,, . Assessment District bonds sold to finance improvements usually fund a reserve to provide for debt service if needed. However, the debt service fund (if available) can be used to pay debt service in the final year. The General Fund of the City is not obligated to pay any debt service on the Assessment District bonds. With this type of financing, capitalized interest can also be part of the issuance of debt. This provides funds to make interest payments during the construction of imp~ovements so that assessments on property owners for debt service obligations do not need to be levied until the completion of the project. Assessment District bonds provide greater flexibility in structuring debt and only requires 50% property owners' approval. However, a cosUbenefit analysis for each property owner in the District must be completed. This cost/benefit analysis is also subject to challenges from the affected property owners. Borrowing costs are usually higher than General Obligations bonds, however not significantly, Community Facilities District Bonds (CFD Bonds) Community Facilities District bonds are issued by a special district, again created by a public entity for the purpose of constructing or maintaining public improvements. A two-thirds vote by the impacted landowners within the special district is required for approval. if approved and bonds are issued, property owners make annual special tax payments, via their property tax bill. The amount of payment by each property owner is determined by special tax formula included in a rate and method of apporfionment developed by a special tax consultant. Special tax consuftants in California have traditionally based the special tax on the square footage of the property. However, similar to assessment bonds, the special tax can also be determined based on proximity of property to the project, frontage of the property, area of the property, p.m. peak hour number of trips, number of housing units, building size and land value. Estimated annual assessment would be $7.45 per $100,000 assessed valuation. This special tax can be increased by 2.0% per year, and can also inciude a component for maintenance and on-going operating costs. However, since we expect MTA to fully assume the cost of maintenance and on-going operations, these additional assessments are not anticipated for this project. Community Facilities District bonds sold to finance improvements usually fund a reserve to provide for debt service if needed, and the special tax may be levied to replenish the reserve fund if necessary. The debt service reserves (if available) can be used to pay debt service in the final year, as we~l. The General Fund of the City is not obligated to pay any debt service on the bonds. Community Facilities District bonds provide greater flexibility in structuring debt, but again do require a two-thirds approval of the property owners. A cosUbenefit 4 T + analysis for each property owner in the District is required and is subject to challenges. Borrowing costs are higher, but usually not significantiy. After additional review of the timing of when a commitment to the Authority would be .necessary for a grade separation, it would be difficult to complete the necessary steps to complete this type of financing. In addition, since a twathirds (2/3) majority vote is required, the same required for General Obligations Bonds, pursuing General Obligations Bonds would be a more efficient form of financing. RECOMMENDATION If the City Council desires to fund a Gold Line grade separation at Santa Anita Avenue, staff recommends that the City Council authorize staff to pursue: 1) General Obligation Bonds (GO Bonds), or 2) Assessment District Bonds (AD Bonds), or 3) Community Facilities District Bonds (CFD Bonds) for the financing of construction. Approved by: `^"'---~ William R. Kelly, City Manager 5