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HomeMy WebLinkAbout1889 ORDINANCE NO. 1889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING ESTABLISHMENT OF HOMEOWNER ASSOCIATIONS FOR APPLICATION OF THE ARCHITECTURAL DESIGN ZONE, AND FURTHER AUTHORIZING PROMULGATION OF FORMATION CRITERIA BY RESOLUTION WHEREAS, the Architectural Design Zone as established by Arcadia Municipal Code Sections 9272 et. seq applies to existing Homeowner Associations; and WHEREAS, part of the initial intent in applying the Design Zone to these Associations was to continue the application of architectural review ini tially established by covenants, conditions, and restrictions applicable to certain areas of the City; and WHEREAS, other areas of Arcadia without such Associations and pre-existing covenants, conditions and restrictions may desire to apply design review, and therefore establish new Homeowner Associations for this purpose via application of the Architectural Design Zone, and WHEREAS, to protect the health, safety, and welfare of the communi ty, assure equal treatment throughout the community, and knowledge of the effect of Design Overlay on the balance between property rights and regulations, the City Council desires to establish and implement certain criteria for the establishment of new Homeowner Associations seeking application of the Design Overlay Zone, and 1889 J wHEREAS, these cri teria are necessary to assure an understanding commitment by new Associations and their members of the jurisdiction and regulations their property is subject to if Design Overlay is applied; and WHEREAS, when the City reviews Homeowners Association, and conducts the request of a new hearings to consider Zone, it is important for application of the Design Overlay certain information to be available. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. That Section 9272.2.5 is hereby added to the Arcadia Municipal Code to read as follows: 9272.2.5. NEW HOMEOWNERS ASSOCIATIONS. APPLICATION OF D ARCHITECTURAL DESIGN ZONE. FORMATION CRITERIA. Prior to the consideration of any application or request to apply the D Architectural Design Zone to any area of the City not now subject to this Zone, any prospective or pending Homeowners Association shall follow those formation criteria established by Resolution of the City Council. Proof of sustantial compliance with the formation criteria established by Resolution is a necessary prerequisite to the required review and action necessary for the City Council to apply the D Zone and enact the Resolutions of regulation for such zone, if approved, pursuant to Arcadia Municipal Code Section 9272.2. -2- 1889 SECTION 2. That the City Clerk shall certify to the adoption of the Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 2nd day of August, 1988. //~~ Mayor of the City of Arcadia ATTEST: lerk of of Arcadia STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) )SS: ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia hereby certify that the foregoing Ordinance No. 1889 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 2nd day of August , 1988 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Lojeski, Young and Gilb NOES: None ABSENT: Councilmember Chandler and Harbicht / }) of Arcadia Clerk of -3- 1889