HomeMy WebLinkAboutAgenda: Study Session: Text Amendment to Create Single Resolution for Guidelines for all five Homeowners' Association Areas O ' I V tod
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4t4 n,ry of 5 MEMORANDUM
Development Services Department
DATE: July 19, 2011
TO: Don Penman, City Manager
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Directory
Jim Kasama, Community Development Administrato1
Lisa L. Flores, Senior Planner 14-
SUBJECT: STUDY SESSION - REPORT, DISCUSSION AND DIRECTION
REGARDING A TEXT AMENDMENT TO CREATE A SINGLE RESO-
LUTION FOR DEVELOPMENT STANDARDS, DESIGN GUIDELINES
AND DESIGN REVIEW PROCESSES FOR ALL FIVE OF THE CITY -
DESIGNATED HOMEOWNERS' ASSOCIATION AREAS.
SUMMARY
On May 10, 2011, the Planning Commission held a public hearing to review the
proposed new resolution by the five single - family Homeowners' Associations (HOAs) in
the City of Arcadia. The proposed text amendment is for a new Resolution that will
consolidate the development standards, design guidelines and design review processes
of all five of the current HOA Resolutions into a new single Resolution for all five HOA
areas. The amendments include changes to the design guidelines, development
regulations, and processing procedures. The five City- designated HOA areas are as
follows, and are depicted on the attached map:
1) Highland Homeowners' Association - "Highlands"
2) Rancho Santa Anita Property Owners' Association - "Upper Rancho"
3) Santa Anita Oaks Homeowners' Association - "Oaks"
4) Rancho Santa Anita Residents' Association - "Lower Rancho"
5) Santa Anita Village Community Association - "Village"
The purpose of the study session is to provide the City Council with details of the
proposed new Resolution and to address any issues, concerns, comments, or changes.
Staff and representatives of the HOAs will be available to answer questions and discuss
any portion of the proposed Resolution.
DISCUSSION
In 1971, the City Council adopted Ordinances and Resolutions to add the Architectural
Design Overlay ( "D ") zoning to the five areas that had formed single - family
homeowners' associations and to provide for design review in place of the conditions,
covenants and restrictions (CC &Rs) regarding design guidelines that are separate from
the City's regulations. The Resolutions governing the HOAs were last amended in
1986, and the regulations within those Resolutions have been successful in providing
guidance for applicants and homeowners in the planning and development of new
homes and additions. Each of the five HOAs is interested in the continued protection of
the architectural character and quality of life within their respective neighborhoods, and
the City enjoys an excellent relationship with the HOAs in the reviewing and processing
of applications and projects. Each HOA has an Architectural Review Board (ARB) that
is tasked with reviewing all proposals in accordance with their guidelines to ensure
compatibility. These ARBs conduct the official design review for projects in the HOA
areas with the City Planning Services being responsible for plan check review in
regards to zoning code compliance.
It has been apparent to all five HOAs for some time that their guidelines are in need of
updating, and in reviewing the 1986 Resolutions, it was realized that there are many
similarities in the five Resolutions. As a result, the five HOAs have agreed that it would
be more efficient for all affected parties; the HOAs and ARBs, the homeowners,
developers, and the City to have a single Resolution that contains the regulations and
development standards for all five HOA areas, and a uniform set of design review
processes.
The new consolidated Resolution reorganizes the provisions of the five existing
Resolutions, and includes revisions to the design guidelines. The HOAs identified areas
within the text of their current Resolutions that needed to be updated, clarified, and /or
made more specific to enable them to conduct their design reviews more efficiently.
The attached draft Resolution No. 6770 includes yellow - highlighting to show the
reorganized /updated sections and the new and amended language. Summaries of the
major proposed changes are as follows and will be discussed at the study session:
1. Defined Neighborhood (Section 4.1.) — For neighborhood compatibility and to
ensure that a new home or addition is designed to blend with the immediate
neighborhood, a new section has been added, "Defined Neighborhood." This
"Neighborhood" is to be comprised of the two properties on each side of the subject
property, the three properties to the rear, and the five properties across the street
that face the subject property — see the diagram on page 2 of the draft Resolution.
The HOAs feel this new regulation is easier to understand than the current 100 -foot
radius, and is more relevant because it is not affected by the sizes of the properties
involved. The existing 100 -foot radius method occasionally excludes relevant
properties in large lot areas.
2. Streetscape (Section 4.B.) — There is new language in the draft Resolution that
relates to the preservation of the, "Streetscape." In their established neighborhoods,
the HOAs wish to preserve the Streetscapes; not only in relation to structures, but
also with regard to the openness among front yards that are not obstructed by
fences, walls or dense landscaping. This new regulation is to ensure that any
improvements visible from and along the streets, including fences, landscaping, and
hardscape do not change the character of the "Streetscape."
3. Minimum and Maximum "Guidance" [Sections 4.C.(1) & (2)] — The term,
"Guidance" is to be used in relation to the mass and scale of structures and is
HOA Reso. Study Session
July 19, 2011 — Page 2
another term for floor- area -ratio (FAR). This new provision is intended to ensure that
new developments are designed in a manner that is similar to existing structures in
terms of mass and scale. The current Resolutions have minimum size requirements
for new homes, but they do not provide any guidance about maximum sizes. All of
the 'HOAs have experienced complaints from their residents about new homes being
overwhelming or disproportionate in mass and scale for their neighborhoods. The
HOAs intend to administer this new regulation by analyzing the other homes in the
"Neighborhood" (as defined in Section 4.1) as to mass, size, scale, architectural
character, and topography to see what affects the new house could have on the
neighboring houses. Also, any livable areas that have a ceiling height of 15' -0" or
higher will be doubled- counted towards the gross livable area in computing the total
square footage to be allowed.
4. Privacy and Views (Section 4.L.) — A new home or addition should be carefully
designed with respect for the affect on adjacent properties and the "Neighborhood,"
including impacts on privacy and views. This new regulation is to ensure that a new
home or addition is designed so that certain elements, such as second -story
windows and balconies will be situated so as to reasonably protect the privacy and
views of surrounding homes and yards. Staff has incorporated this type of review
into the City's design review process, and the HOAs would like to add specific
language for this in the new Resolution.
5. Short Review vs. Regular Review (Sections 5.C. & 5.D.) — The Short and Regular
Review procedures have been amended to clearly define the different scopes of
projects under each category. The Short Review will remain an administrative
process in which the ARB Chairperson or designee reviews and acts on smaller
projects, such as single -story remodels or additions, or other minor improvements to
a property, provided that all of the owners of the "Neighborhood" properties sign off.
A list of project types eligible for the Short Review process has been included in the
draft Resolution. The Regular Review process will still require a public hearing with
notice sent to the owners of the "Neighborhood" properties, and is to include all new
homes, second -story additions, and any project not eligible for the Short Review
process. Both processes have time limits for reviewing the applications for
completeness (10 or 30 days) and it is specified that decisions must be rendered
only by the Chairperson or those ARB members that considered the applications.
The Planning Commission and City Council will continue to function as appellate
bodies to the ARB decisions. The draft Resolution standardizes the processes for all
five HOAs.
RECOMMENDATION
Provide comments and /or direction.
Approved By: 2)er4-40
Donald Penman, City Manager
Attachments: Map of HOA Areas
Exhibit "A" — Draft Resolution No. 6770
HOA Reso. Study Session
July 19, 2011 — Page 3
Homeowners' Association Areas
1) Highlands Home Owners' Association — "Highlands"
2) Rancho Santa Anita Property Owners' Association — "Upper Rancho" •
3) Santa Anita Oaks Homeowners' Association — "Oaks"
4) Rancho Santa Anita Residents' Association — "Lower Rancho"
5) Santa Anita Village Community Association — "Village"
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Map of Homeowners' Association Areas
DRAFT
RESOLUTION NO. 6770
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DETERMINING AND AMENDING REGULATIONS
APPLICABLE TO REAL PROPERTY IN THE SINGLE - FAMILY
HOMEOWNERS' ASSOCIATION ARCHITECTURAL DESIGN ZONE
AREAS.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby repeals Resolution Nos. 5286, 5287, 5288,
5289, and 5290 and Ordinance No. 1832, and adopts this Resolution pursuant to
Ordinance No. 2285.
SECTION 2. To implement the Single - Family Residential Design regulations
applicable to the real property within the five Single - Family Homeowners' Associations
that are zoned, "D" as Architectural Design areas. Architectural Review Boards are
established for each Association and are hereinafter referred to as the "ARBs ". The five
Homeowners' Associations and their Architectural Design Zones are:
Santa Anita Village Community Association of Arcadia — "Village"
Rancho Santa Anita Residents' Association — "Lower Rancho"
Rancho Santa Anita Property Owners Association — "Upper Rancho"
Highlands Home Owners Association — "Highlands"
Santa Anita Oaks Homeowners Association — "Oaks"
The boundaries for each Association are depicted in Exhibit "A." The ARB for
each area is governed by the corresponding Homeowners' Association Board for that
area.
SECTION 3. In order to promote and maintain the quality, single - family
residential environment of the City of Arcadia, and to protect the property values and
architectural character of such residential environments in those portions of the City in
which the residents have formed a homeowners association, and to accomplish the
purposes set forth in Section 6, (previously section 4) there are hereby established the
following regulations and procedures in which said associations may exercise plan
review authority.
Exhibit "A"
Draft Resolution No. 6770
Page 1 of 13
DRAFT
SECTION 4. (amended) It is determined that each building or structure and its
landscaping and hardscape on properties within each area should exhibit a consistent
and cohesive architectural style, and be harmonious and compatible with other
neighborhood structures in architectural style, scale, visual massing, height, width and
length, and setbacks in relationship to site contours and architectural elements such as
texture, color and building materials.
To promote harmony and compatibility of properties, the following standards and
conditions are hereby imposed upon all properties within said areas pursuant to the
zoning regulations of the Arcadia Municipal Code, and all those in ownership or control
of property within said areas, are subject to this Resolution.
A. DEFINED NEIGHBORHOOD (new) — The "Defined Neighborhood"
(Neighborhood) for the purpose of conducting design review shall be deemed to include
at least the two properties on each side of the property subject to plan approval (subject
property), the five properties facing the subject property, and the three properties to the
rear of the subject property. Unusually situated properties, those where a second -story
addition or modification is involved, or where the slope of the terrain might impact
additional neighbors, may require additional properties to be part of the defined
neighborhood, and is to be determined by the ARB Chair or designee. The
Neighborhood shall not include properties outside of the HOA or commercially -zoned
properties. An example of a Neighborhood is set forth below, although the
neighborhood may vary case -by -case:
�-- Street -�
j
Subject Property
�-- Street
j
Defined Neighborhood
Properties included in "Defined Neighborhood" as related to Subject Property
Exhibit "A"
Draft Resolution No. 6770
Page 2 of 13
DRAFT
B. STREETSCAPE (new) — The developed subject property, when viewed from
the street, should blend and be harmonious with the other structures and landscaping
on the street. This includes and is not limited to setbacks, structural mass and scale,
height, roof forms, facades, entries, building materials and everything that can be seen
from the street. Each Neighborhood or street has an established streetscape that
defines its character. The stronger the established pattern the more important it is to
maintain its character and harmony. Front yards should promote a feeling of openness;
fences, walls and hedges across the front of the yard are not permitted.
C. FLOOR AREA
(1) Minimum Guidance (new) — The space contained within the boundaries of the
property, including any open porch, open entry, balcony, covered patio, trellis, or
garage, whether or not it is an integral part of the dwelling, shall NOT be considered in
computing the square footage contained in any such building as measured from the
outer faces of the exterior walls in computing the required minimum floor area of a
dwelling.
Village & Lower Rancho — 1,400 square feet of ground floor area if 1 -story and
not less than 1,000 square feet on ground floor if 11/2 or 2 -story
Upper Rancho — 2,500 square feet of ground floor area. Attached covered
porch, balcony or garage shall be counted at .5.
Highlands — 1,600 square feet if 1 -story and not less than 1,200 square feet on
ground floor if 1 or 2 -story
Oaks — 2,000 square feet of ground floor area, except 1,800 square feet in Tracts
14656, 13544 & 10617, in which no one - family dwelling shall be erected or permitted
which contains less than 1,800 square feet of ground floor area.
(2) Maximum Guidance (new) — Any open porch, open entry, balcony, patio, or
garage, whether or not it is an integral part of the dwelling, shall be considered in
computing the square footage contained in any such building as measured from the
outer faces of the exterior walls in computing the maximum allowable floor area of a
dwelling.
Maximum guidance for each individual project shall be determined by analysis of
the other homes in the Neighborhood. Determining factors shall include consideration
Exhibit "A"
Draft Resolution No. 6770
Page 3 of 13
DRAFT
of mass, size, scale, and character of a substantial majority of the Neighborhood. The
slope of the site, and affect on neighboring houses shall also be considered.
(3) Any livable areas with interior ceilings of 15 feet in height or higher shall be
doubled as gross livable area in computing square footage. (new)
D. FRONT YARD SETBACKS — If a dwelling with a larger front yard than the
minimum required by the underlying zone designation exists on a lot on either side of
the subject property, the ARB shall have the authority to require a front yard setback for
the subject property equal to at least an average of the two adjacent front yards.
Village — Underlying Zoning
Lower Rancho — Underlying Zoning
Upper Rancho (amended) — Minimum 50 feet
Highlands — Underlying Zoning
Oaks — Minimum sixty -five (65) feet from the front property line, except that Tract
13544 shall be not Tess than sixty (60) feet, Tracts 13345 & 11013 shall not be less than
fifty -five (55) feet, and Tract 14656 shall not be less than fifty (50) feet.
E. SIDE YARD SETBACKS
Village —10% of yard frontage, and not Tess than 5 feet.
Lower Rancho — a lot with a building or any part thereof within the front 100 feet
shall have a side yard of at least 10 feet or 10% of the lot frontage, whichever is greater.
Upper Rancho — Minimum 18 feet.
Highlands — a lot with a building or any part thereof within the front 100 feet shall
have a side yard of at least 6 feet or 10% of lot frontage, whichever is greater.
Oaks — Minimum 10 feet or 10% of lot frontage, whichever is greater.
F. REAR YARD SETBACKS
Village — Minimum 25 feet
Lower Rancho — Underlying Zoning
Upper Rancho — Minimum 40 feet
Highlands — Underlying Zoning
Oaks — Minimum 35 feet
G. CORNER LOT SETBACKS
Village — Underlying Zoning
Exhibit "A"
Draft Resolution No. 6770
Page 4 of 13
DRAFT
Lower Rancho — Underlying Zoning
Upper Rancho — Underlying Zoning
Highlands — Minimum 15 feet from side street for Tracts 10725, 13367, 14626,
15285 & 16920.
Oaks — On a corner lot, any detached garage shall be located a minimum of
twenty (20) feet, at any point, from the side street property line.
H. FRONT OF DWELLING (new) — For all HOAs, any dwelling on the lot should
face the front lot line. Exceptions for good cause may be granted through the review
process.
I. GARAGES — No carports - allowed.
Village (amended) & Lower Rancho (new) — Front facing garages are strongly
discouraged.
Upper Rancho (amended) — No garage door shall be allowed to face the public
right -of -way within the front 150 feet of the property. No garage door shall be closer to
the street than the dwelling (Lots 1 through 20 of Tract No. 13184 shall be excepted).
Corner lots shall be evaluated on a case -by -case basis.
Highlands (amended) — Underlying Zoning
Oaks — A detached garage shall not be located Tess than one hundred fifty (150)
feet from the front property line, except for Tract 11013 which shall be one hundred forty
(140) feet and Tracts 13345, 14656 & 13544 which shall be one hundred twenty -five
(125) feet, and in no case shall the garage be closer to the front property line than the
main dwelling. Front facing garages are strongly discouraged.
Trees previously followed Garages, but now follows section `L'
J. EXTERIOR BUILDING MATERIALS (previously No. 6) — Materials used on
the exterior of any structure, including without limitation, roofing, wall or fence greater
than two (2) feet above the lowest adjacent grade, shall be compatible with materials of
other structures on the same lot and with other structures in the Neighborhood.
K. EXTERIOR BUILDING APPEARANCE — The appearance of any structure,
including roof, wall or fence shall be compatible with existing structures, roofing, walls or
fences in the neighborhood, inclusive of landscape and hardscape. Any fence between
Exhibit "A"
Draft Resolution No. 6770
Page 5 of 13
DRAFT
adjacent properties not within the front building setback or street side setback area is
subject only to review by the City. (new)
L. AFFECT ON ADJACENT PROPERTIES AND NEIGHBORHOOD (new) — The
impacts on adjacent properties shall be addressed, including impacts on privacy and
views. First story and second story elements should be designed and articulated to
reasonably address these issues, and windows and balconies shall be located to
reasonably protect privacy and views of surrounding homes and yards.
M. TREES (amended) — City Planning staff must approve the removal of any Oak
Tree or construction of any improvements under the drip line of Oak Trees.
Village, Lower Rancho, Highlands & Oaks (amended) — No other living tree with
a trunk diameter larger than 12" Diameter Breast Height ( "DBH ") shall be cut down,
killed or removed in any manner, without first securing the written permission of the
ARB. The ARB Chair or designee shall determine whether a certified Arborist's
evaluation of the condition of the tree is required prior to removal.
Upper Rancho — No living oak, sycamore, liquidambar, magnolia, pine, or
redwood tree with a trunk diameter larger than six inches, measured at DBH, shall be
cut down, killed or removed in any manner, without first securing the written permission
of the ARB. Such permission shall not be granted unless it is shown that the tree is a
nuisance, and that there is no practical way of removing the nuisance except by cutting
down, killing or removing it.
N. ANIMALS — Wild animals, sheep, hogs, goats, bees, cows, horses, mules,
poultry, or rabbits shall not be permitted or kept.
SECTION 5. APPROVAL OF ARB REQUIRED. (previously No. 8) No structure,
roof, wall or fence greater than two (2) feet above the lowest adjacent grade, shall be
erected, placed or replaced unless approved by the ARB.
Plans for the erection, placement, or replacement of any structure, roof, wall or
fence, showing the precise location on the lot of the structure, wall or fence, shall be
submitted to the ARB.
No structure, roof, wall or fence shall be erected, placed or replaced except in
exact conformance with the plans approved by the ARB.
Exhibit "A"
Draft Resolution No. 6770
Page 6 of 13
DRAFT
No lot shall be cleared without advance approval of the ARB, whether or not a
new structure is proposed for the subject property. (new)
Specific requirements of the ARB for proper consideration of an application are
listed on the Short Review or Regular Review Applications. (new)
The provisions of this requirement shall not apply if the project consists only of
work inside a building that does not substantially change the external appearance of the
building.
A. ARCHITECTURAL REVIEW BOARD — The ARB (acronym added) shall be
empowered to transact business and exercise powers herein conferred, only if the
following requirements exist:
a. A formally organized property owner's organization exists in the applicable
area described in Section 1.
b. The organization has by -laws adopted that authorize the establishment of the
ARB.
c. Said by -laws provide that only property owners can be appointed to and serve
on the ARB.
d. Owners have been appointed to the ARB in accordance with the by -laws.
e. A copy of the by -laws and any amendments thereto has been filed with the
City Clerk.
f. The ARB shall designate a custodian of records who shall maintain said
records and make them available for public review upon reasonable request.
g. Permanent written records of the meetings, findings, actions, and decisions of
the ARB shall be maintained by the ARB, in accordance with the City's records retention
policies.
(Sections `h' through `k' were previously sentences included under section `g')
h. The ARB's decision on a Regular Review Process shall be accompanied by
specific findings, based upon a reference to supporting facts, setting forth the actions
and decisions.
i. Only ARB members present at the meeting can participate in making the
decision.
Exhibit "A"
Draft Resolution No. 6770
Page 7 of 13
DRAFT
j. Any decision by the ARB shall be made by a majority of the entire membership
of the ARB, and the ARB members who considered the application shall render the
decision.
k. A copy of the ARB's findings and decision shall be mailed to the applicant
within seven (7) working days of the ARB's decision.
I. (previously section h) All meetings of the ARB shall be open to the public in
accordance with the Ralph M. Brown Act (California Open Meeting Law).
B. POWERS OF THE ARB — Pursuant to Section 3, and through the specified
review process, the ARB shall have the power to: (sections revised according to
conditions)
a. Determine the compatibility with the Neighborhood of the mass, scale, size,
design and appearance of the proposed project (Conditions A, B, C, & D)
b. Determine and approve appropriate setbacks (Conditions D, E, F & G)
c. Determine whether materials and appearance are compatible with the
Neighborhood (Conditions H, I, J, K & M)
d. Determine the impact of the proposed project on adjacent properties.
(Condition L)
e. Subject to compliance or consistency with the City's Municipal Code, any of
the conditions set forth in Conditions 'A' through 'M' of Section 3, may be made less
restrictive by the ARB if the ARB determines that such action will foster the appropriate
development of a lot and will not adversely affect the use and enjoyment of the adjacent
lots and the Neighborhood and would not be inconsistent with the provisions and intent
of this Resolution.
f. The ARB shall have the power to establish requirements concerning project
applications and procedures for review for the purpose of exercising its duties, subject
to review and approval of the City. Copies of such requirements shall be kept on file
with the Planning Department.
C. SHORT REVIEW PROCESS PROCEDURE (new section)
a. The Short Review Process may be used by the ARB for any single -story
remodel or addition where (1) the applicant has obtained the signatures of approval of
the plans from all the Neighborhood owners, as determined by the ARB Chair or
Exhibit "A"
Draft Resolution No. 6770
Page 8 of 13
DRAFT
designee, or otherwise meets the notification requirements; (2) where the design is
compatible with the design of existing structures on the subject property and
Neighborhood; and (3) where the design is in harmony with the streetscape of the
Neighborhood.
Specific Short Review Process Items include but are not limited to:
• Single -story remodels or additions
• Detached accessory structures — new, additions to, and /or remodels
• Fences and /or walls in and /or facing (i.e., visible from) front and street side
yards
• Hardscape and landscaping in front and street side yards, including without
limitation, swimming pools, spas, fountains and other water features
• Fences, lights, and other features related to tennis courts, sports courts or
other significant paved features
• Mechanical equipment
• Removal of trees as listed in this Resolution
• Roofing
b. If a property owner in the Neighborhood cannot be reached after three
attempts on three separate days, the applicant may submit evidence of efforts to
contact the owner. The ARB may then determine, in its discretion, not to consider that
owner as an opponent of the proposed project. A Short Review Application will not be
considered complete until all such required documentation from all owners in the
Neighborhood has been submitted by the applicant.
c. The ARB is not required to hold a noticed, scheduled meeting for the
consideration of a Short Review Process application.
d. The ARB Chair or another ARB member designated by the ARB Chair, to act
in his /her absence, shall render a decision on a Short Review Process application within
ten (10) working days from the date such completed application is filed with the ARB;
failure to take action in said time shall, at the end of the ten (10) working -day period, be
deemed an approval of the plans.
e. If the ARB Chair or designee determines that the proposed project is not a
cohesive design, not in harmony with the neighborhood, or might have an adverse
Exhibit "A"
Draft Resolution No. 6770
Page 9 of 13
DRAFT
impact on the Neighborhood, he /she may require that the application be processed
under the Regular Review Process procedure.
D. REGULAR REVIEW PROCESS PROCEDURE (entire section amended)
The Regular Review Process shall be used by the ARB for review of (1) any new
home construction, (2) any new or expansion of a second story, (3) any significant
change in architectural style of an existing building, and (4) all projects that are not
eligible to be processed by the above Short Form Review procedure as determined by
the ARB Chair or designee.
a. The ARB is required to hold a noticed, scheduled meeting for the
consideration of a Regular Review Process application.
b. The applicant shall provide to the ARB all documents required by the
application.
c. Notice of the ARB's meeting shall be deposited in the mail by the ARB Chair or
designee, postage prepaid by the applicant, to the applicant and to all property owners
within the Neighborhood of the subject property, not less than ten (10) calendar days
before the date of such meeting.
d. Any decision by the ARB shall be made by a majority of the entire membership
of the ARB, and the ARB members who considered the application shall render such
decision.
e. The ARB shall render its decision on a Regular Review Process application
within thirty (30) working days from the date a complete application is filed with the
ARB; failure to take action in said time shall be deemed an approval of the plans, at the
end of the thirty (30) working -day period.
E. EXPIRATION OF ARB'S APPROVAL — If for a period of one (1) year from
date of approval, any project for which plans have been approved by the ARB, has not
begun construction (as evidenced by clearing and grading and /or the installation of a
new foundation and /or by installation of new materials or a structure that is being
remodeled) or has been unused, abandoned or discontinued, said approval shall
become null and void and of no effect. Such project may be resubmitted to the ARB for
renewed approval; however, the ARB shall review the project as if it had not been
previously approved in accordance with the current standards in effect. (new)
Exhibit "A"
Draft Resolution No. 6770
Page 10 of 13
DRAFT
F. LIMIT ON ARB'S POWER — The ARB shall not have the power to modify any
regulations in the Municipal Code. The ARB may, however, make a recommendation
regarding modifying such regulations to the City staff, department, commission or board
that will be considering any such modification request.
SECTION 6. APPEAL. Appeals from the ARB shall be made to the Planning
Commission. Said appeal shall be made in writing and delivered to Planning Services
within seven (7) calendar days of the ARB's decision and shall be accompanied by an
appeal fee in accordance with the applicable fee schedule adopted by resolution of the
City Council.
Upon receipt in proper form of a completed appeal from the ARB's decision, such
appeal shall be processed by Planning Services in accordance with the same
procedures applicable to appeals from the Modification Committee, except noticing shall
be consistent with ARB noticing.
A. STANDARDS FOR ARB DECISIONS AND APPEALS — The ARB and any
body hearing an appeal from the ARB's decision shall be guided by the following
principles:
a. Control of architectural appearance and use of materials shall not be so
exercised that individual initiative is stifled in creating the appearance of external
features of any particular structure, building, fence, wall or roof, except to the extent
necessary to establish contemporary accepted standards of harmony and compatibility
acceptable to the ARB or the body hearing an appeal in order to avoid that which is
excessive, garish, and substantially unrelated to the neighborhood. (Pertains to
Conditions A, B, C, D, E, F, G, H, J, K, & M of Section 3 of this Resolution —
Neighborhood, Streetscape, Setbacks, Front of Dwelling, Exterior Building Materials &
Exterior Building Appearance, and Trees). Refers to new or revised sections.
b. Good architectural character is based upon the principles of harmony and
proportion in the elements of the structure as well as the relationship of such principles
to adjacent structures and other structures in the neighborhood. (Pertains to Conditions
A, B, C, D, E, H, J, K & M of Section 3 of this Resolution — Neighborhood, Streetscape,
Front of Dwelling, Floor Area, Front & Side Yard Setbacks, Exterior Building Materials &
Exterior Building Appearance, and Trees). Refers to new or added sections.
Exhibit "A"
Draft Resolution No. 6770
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DRAFT
c. A poorly designed external appearance of a structure, wall, fence, or roof, can
be detrimental to the use and enjoyment and value of adjacent property and
neighborhood. (Pertains to Conditions A, B, J, K & L Section 3 of this Resolution —
Neighborhood, Streetscape, Exterior Building Materials & Exterior Building Appearance,
and Affect on Adjacent Properties).
d. A good relationship between adjacent front yards increases the value of
properties and makes the use of both properties more enjoyable. (Pertains to
Conditions B, D & L of Section 3 of this Resolution — Streetscape, Front Yard Setbacks
& Affect on Adjacent Properties).
SECTION 7. (previously section 4) The City Council finds and determines that
the public health, safety and general welfare of the community require the adoption of
this Resolution. It is determined that the various land use controls, and property
regulations as set forth herein are substantially related to maintenance of Arcadia's
environment, for the purpose of assuring that the appearance of structures will be
compatible and harmonious with the use and enjoyment of surrounding properties.
Design controls and aesthetic considerations will help maintain the beauty of the
community, protect property values, and help assure protection from deterioration,
blight, and unattractiveness, all of which can have a negative impact on the environment
of the community, affecting property values, and the quality of life which is characteristic
of Arcadia.
It is further determined that the purpose and function of this Resolution is
consistent with the history of the City and continued efforts through various means to
maintain the City's land use, environmental, and economic goals and to assure
perpetuation of both the psychological benefits and economic interests concomitant to
an attractive, well maintained community with emphasis on residential living.
All findings and statements of purpose in related resolutions which pre- existed
this Resolution or prior covenants, conditions, and restrictions constitute part of the
rationale for this Resolution and are incorporated by reference.
SECTION 8. (previously section 5) If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Resolution is for any reason held to be
invalid by the final decision of any court of competent jurisdiction, such decision shall
Exhibit "A"
Draft Resolution No. 6770
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not affect the validity of the remaining portions of this Resolution. The Council hereby
declares that it would have adopted this Resolution and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any
one or more section, subsection, subdivision, sentence, clause, phrase, or portion
thereof be declared invalid.
SECTION 9. (previously section 6) The City Clerk shall certify to the adoption of
this Resolution.
Passed, approved and adopted this day of , 2011.
rTh C-3
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Exhibit "A"
Draft Resolution No. 6770
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