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HomeMy WebLinkAboutAgenda: Study Session: Single Resolution for Development Standards for all Five City-Designated Homeowners' Associations A OF AR V~ 117 IemDntM Aa�ntt S.1113 &- °tN STAFF REPORT Development Services Department DATE: November 1, 2011 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services DirectocXK Jim Kasama, Community Development Administrator Lisa L. Flores, Senior Planner SUBJECT: INFORMATION FOR STUDY SESSION — DISCUSSION AND DIRECTION REGARDING A TEXT AMENDMENT TO CREATE A SINGLE RESOLUTION FOR DEVELOPMENT STANDARDS, DESIGN GUIDELINES AND DESIGN REVIEW PROCESSES FOR ALL FIVE OF THE CITY-DESIGNATED HOMEOWNERS' ASSOCIATIONS BACKGROUND The City Council held study sessions on July 19, 2011 and September 20, 2011 to review and discuss a new Resolution that was proposed jointly by the five, City- designated homeowners' associations (HOAs). The new Resolution is to amend and consolidate the development standards, design guidelines and design review processes of the five current HOA Resolutions into one new Resolution to be utilized by all five HOAs. The attached revised draft, Exhibit "A" was presented at the September 20, 2011 study session. That document was the result of many months of collaboration between the HOAs and City staff. At the end of the study session, the City Council directed that staff revise the proposed Resolution in accordance with the Council's comments and direction. That staff draft of the Resolution is attached as Exhibit "B". DISCUSSION The format of the staff draft Resolution is based on the revised draft by the HOAs that was reviewed on September 20th. The unchanged text is in standard black type with highlighting of sections and phrases that differ from the existing, 1986 HOA Resolutions. Staff has prepared the attached chart to compare the provisions of the existing Resolutions with the last draft by the HOAs and the staff draft prepared for this meeting. Text that staff has proposed be eliminated based on the City Council's comments is shown with . Staff believes that there was consensus among the Council members on the elimination of these items. The text in blue type are either, proposed additions by staff, responses to questions from the City Council, or "staff notes". A "Staff Note" is for an area of the Resolution where staff is unsure of a Council consensus; and, rather than attempting to provide a proposal, staff hopes that the notes will assist the Council with the formulation of a collective decision. RECOMMENDATION Provide direction. Approved By: Donald Penman, City Manager Attachments: Exhibit "A" — HOA Revised Draft Resolution No. 6770 — 9-7-11 Exhibit "B" — Staff Draft of Resolution No. 6770 — 11-1-11 Exhibit "C" — Chart: Comparison of Development Conditions HOA Resolution Study Session November 1, 2011 — Page 2 HOA REVISED 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. In accordance with the Arcadia General Plan directive' to protect and preserve the character and quality of its neighborhoods by requiring harmonious design, and to implement the Arcadia's Single-Family Residential Design Guidelines fefibiletiehs 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 8 there are hereby Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 1 of 18 HOA REVISED DRAFT established the following regulations and procedures in which said associations may exercise plan review authority. SECTION 4. 6. It is determined that each building or structure and its landscaping and hardscapeiii on properties within each area should exhibit a consistent and cohesive architectural styleiv, 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 1'1GGIAIGI'1 #GICHB OLI ow) p'lr��=7TRl�� 11'7 ��rff �- &Pew--� j j j A. ViA P4 4 &soot j j j j j Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 2 of 18 HOA REVISED DRAFT A. SECTION—�. (new) SITE PLANNING V (1) Natural amenities such as views, trees and similar features unique to the site should be preserved and incorporated into development proposals. (2) The location, configuration, size and design of the new buildings or structures, or the alteration or enlargement of existing structures should be visually harmonious with their sites and compatible with the character and quality of the surroundings. (3) The height and bulk of proposed dwellings and structures on the site should be in scale and proportion with the height and bulk of dwellings and structures on surrounding sites, or incorporate design measures to mitigate scale differences. (4) Varied open space – The design of a new house should provide effective and varied open space around the residence. B. STREETSCAPE (new)VI – 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, façades, 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 (Copied From Existing Resolutions) 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. Exhibit"A" HOA Revised Draft Resolution No. 6770–9-7-11 Page 3 of 18 HOA REVISED DRAFT Village — 4,04.00 1,200 square feet of ground floor area if one story in height, or 1,300 square feet of floor area if two stories in height, at least 900 square feet of which must be on the ground floor. 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 11A 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. - 41/4440114410. 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 Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 4 of 18 HOA REVISED DRAFT Oaks — Minimum sixty-five (65) feet from the front property line, except that Tract 13544 shall be not less 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 lot frontage, and not less than 5 feet. Lower Rancho — 10% of the lot frontage, and not less than 10 feet Upper Rancho — Minimum 18 feet. Highlands — 10% of lot frontage, and not less than 6 feet a l+ng Oaks — 10% of lot frontage, and not less than 10 feet. 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 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. Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 5 of 18 HOA REVISED DRAFT Village (amender) & Lower Rancho (now) (Revised)strengly-diseeurageeh-Garages s shall not dominate the front elevation, and should be set back from the front façade or tucked into the back yard.vii 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 less 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 ' `K' 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 hadscape.VIII Any fuse Moved to Section 5. L. AFFECT ON ADJACENT PROPERTIES AND NEIGHBORHOOD (new)IX — 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. Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 6 of 18 HOA REVISED DRAFT M. TREES X fafflootileil) (Revert to prior listing of trees & adopt DBH standard) — City Planning staff must approve the removal of any Oak Tree or construction of any improvements under the drip line of Oak Trees. No living oak, sycamore, liquidambar, magnolia, pine, or redwood tree with a trunk diameter larger than six inches, measured at DBH (the standard arborist measure — 41/2 feet above ground on the high side), 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; however, any fence or wall between adjacent properties not within the front building setback or street side setback area is subject only to review by the City. (new) We added wall. 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: Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 7 of 18 HOA REVISED DRAFT 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. 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) Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 8 of 18 HOA REVISED DRAFT a. Determine the compatibility with the neighborhood of the mass, scale, size, design and appearance of the proposed project (Section 4 — Site Planning, and Conditions A through L of Section 5). b. Determine and approve appropriate setbacks (Section 4 — Site Planning, and Conditions C through F of Section 5). c. Determine whether materials and appearance are compatible with the neighborhood (Conditions G through J of Section 5). d. Determine the impact of the proposed project on adjacent properties (Condition K of Section 5). e. Subject to compliance or consistency with the City's Municipal Code, any of the conditions set forth in Conditions 'A' through 'L' of Section 5, 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. NOTIFICATION STANDARDS FOR REVIEW PROCESS (new) — For the purpose of conducting design review, required notification shall be deemed to include at least the two parcels on each side of the parcel subject to plan approval (subject parcel), the five parcels facing the subject parcel, and the three parcels to the rear of the subject parcel. Unusually situated parcels, those where a second-story addition or modification is involved, or where the slope of the terrain might impact additional neighbors, may require additional parcels to be part of the required parcels to be notified, and is to be determined by the ARB Chair or designee. The required notification shall not include properties outside of the HOA or commercially-zoned properties. An example of the required area of notification is set forth below, although the required notification may vary case-by-case: Exhibit "A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 9 of 18 HOA REVISED DRAFT 4-- Street --► JASFJZPJA_ Subject Pa cel 4---Street VfJZV/4VPJPJZPJ Required Notification Parcels included in "Required Notification"as related to Subject Parcel D. 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 owners in the required notification area, as determined by the ARB Chair or 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 required notification area cannot be reached after three attempts on three separate days, the applicant may submit evidence of efforts to Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 10 of 18 HOA REVISED DRAFT 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 required notification area 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 impact on the neighborhood, he/she may require that the application be processed under the Regular Review Process procedure. E. 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 required notification area of the subject property, not less than ten (10) calendar days before the date of such meeting. Exhibit "A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 11 of 18 HOA REVISED DRAFT 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. F. 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) G. 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: Exhibit"A" HOA Revised Draft Resolution No. 6770 —9-7-11 Page 12 of 18 HOA REVISED DRAFT 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 Section 4 — Site Planning, and Conditions A through M of Section 5 3 of this Resolution — Streetscape, Floor Area, Setbacks, Front of Dwelling, Garages, Exterior Building Materials & Exterior Building Appearance, Affect on Adjacent Properties and Neighborhood, 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 Section 4 — Site Planning, and Conditions A through M of Section 5 of this Resolution — Streetscape, Floor Area, Setbacks, Front of Dwelling, Garages, Exterior Building Materials & Exterior Building Appearance, Affect on Adjacent Properties and Neighborhood, and Trees). Refers to new or added Sections. - - - •- - - , , , , , , 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 Section 4 — Site Planning, and Conditions A, G, H, 1, J, K, L, & M of this Resolution — Streetscape, Front of Dwelling, Garages, Exterior Building Materials & Exterior Building Appearance, Affect on Adjacent Properties and Neighborhood, and Trees). Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 13 of 18 HOA REVISED DRAFT d. A good relationship between adjacent front yards increases the value of properties and makes the use of both properties more enjoyable. (Pertains to Section 4 — Site Planning, and Conditions A, C, F, G, H, I, J, K, L, & M of this Resolution — Streetscape, Front Yard Setbacks, Corner Lot Setbacks, Front of Dwelling, Garages, Exterior Building Materials & Exterior Building Appearance, & Affect on Adjacent Properties and Neighborhood, and Trees). 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 not affect the validity of the remaining portions of this Resolution. The Council hereby Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 14 of 18 HOA REVISED DRAFT 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. 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" HOA Revised Draft Resolution No. 6770— 9-7-11 Page 15 of 18 HOA REVISED DRAFT End Notes for Revised Joint Resolution General Plan, Land Use (LU) Element— GP-LU 2-3, Neighborhood Character— "The City Protects and preserves the character and quality of its neighborhoods by requiring harmonious design..." (Emphasis added) ii Arcadia Single-Family Residential Design Guidelines(DG)—DG page 3 Applicability—"In order to preserve the character of these neighborhoods and encourage high-quality residential design throughout the City, the City Council has adopted these Single-Family Residential Design Guidelines." "In the five Homeowners Associations (HOAs) recognized by City Council resolution, design review is conducted by each association's Architectural Review Board (ARB). However, these design guidelines apply to all single-family residences throughout the City." (Emphasis added) Prior Resolutions # 5286, 5287, 5288, 5289,5290 - Section 3 — "In order that buildings, structures and landscaping on property within said area be harmonious with each other and to promote the full and proper utilization of said property, the following conditions are hereby imposed upon all property in said area ..." (Emphasis added) DG page 19 — Landscape & Hardscape — "For new residences and rebuilds, a conceptual landscape plan must be submitted during the design review process." Specific landscape & hardscape guidelines are listed on pages 19, 20, 21&22. (Emphasis added) Water Efficient Landscaping Ordinance(WELO)-Documentation Package and Guidelines: WELO - page 1 — "Ordinance No. 2267 requires all projects that meet the following thresholds to comply with specific water conservation practices: (Emphasis added) • "A developer-installed residential project ... that includes a total area of 2,500 of more square feet of rehabilitated and/or new irrigated landscaping. • "An owner-builder residential project ... that includes a total area of 5,000 of more square feet of new irrigated landscaping." WELO - page 12 — "Landscaping should define a sense of space by making a statement, ensuring community continuity, complementing good architectural design, and creating a cohesive finished product." WELO- page 13—A Single-Family Residential Guidelines: 1. "Trees, shrubs, and groundcover shall be incorporated within single-family development projects to create a comfortable and aesthetically pleasing environment for residents and those viewing public areas. 3. "Front yard areas can be designed using landscape elements pertaining to the form, horizontal and vertical lines, hardscape and softscape, and ornate qualities that are compatible with the primary structure. Visual openness and water efficiency should be maintained." (Emphasis added) iv DG page 5 — Issues, #4 — Architectural style and design: Many new homes lack a coherent architectural style, attempt to combine many different styles, or have a style that is incompatible with the surrounding homes." v DG page 6—Site Planning— These 4 statements are taken directly from the Design Guidelines. vi DG page 5—Issues: 1. "Mass and scale: Inappropriate massing and scale is a key issue..." Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 16 of 18 HOA REVISED DRAFT 2. "Front entry: Excessively tall or flat entry porches can have a towering or monumental appearance..." 3. "Garages: Street-facing garages tend to be uninviting and have the potential to dominate the front elevation..." 4. "Architectural style and design: Many new homes lack a coherent architectural style, attempt to combine too many styles, or have a style that is incompatible with the surrounding homes." 5. "Additions and accessory buildings: ... Poorly designed additions and accessory buildings can ruin the character of an existing home." 6. "Colors and materials: the use of bright or strong paint colors and/or unnatural building materials can result in a house that looks out-of-place..." 7. "Landform and tree preservation: Careless removal of mature trees and severe grading of hillside properties shows little regard for a site's natural attributes and degrades neighborhood character." DG page 6—Site Planning—see statements listed in Section 4—quoted from Design Guidelines DG page 9 — Massing, #1 — "New dwellings and additions should be compatible in mass and scale to surrounding buildings in the neighborhood and with the natural site features." DG page 17— Materials &Colors—"Materials and colors not only contribute to a building's architectural style, but can also help tie a new structure to its surroundings." General Plan, Land Use, Single-Family Residential Development — GOAL LU-3: Preservation and enhancement of Arcadia's single-family neighborhoods, which are an essential part of the city's core identity. Policy LU-3.1: "Protect the character of single-family residential neighborhoods through the preservation and improvement of their character defining features. Such features include but are not limited to tree-lined streets, building orientation, sidewalks, and architectural scale and quality." Policy LU-3.2: "Implement design guidelines to keep new homes and home additions consistent in scale, massing, and architectural quality with prevailing conditions in the neighborhood." Policy LU-3.3: "Encourage a variety of architectural styles for new and renovated structures that reflect local architectural characteristics." Policy LU-3.4: "Strengthen neighborhood identity with new development that is compatible with surrounding structures through scale, massing, and preferred architectural style." Policy LU-3.5: "Require that new construction, additions, renovations, and infill developments be sensitive to neighborhood context, building forms, scale, and colors." Policy LU-3.6: "Encourage preservation of the natural topography of a site and existing mature trees." Policy LU-3.7: "Ensure that the design and scale of new and remodeled single-family residential buildings are appropriate to their context." General Plan, Land Use, Hillside Development — Policy LU-5.6: "Require hillside development to incorporate architecture, scale, massing, building form, building color, roof materials, and landscaping to reflect the natural hillside setting." vii DG page 5 — Issues #3 Garages: "Street-facing garages tend to be uninviting and have the potential to dominate the front elevation of a house." DG page 12—Façade Design,#4—"Garages should not dominate the street." Exhibit "A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 17 of 18 HOA REVISED DRAFT viii Prior Resolutions # 5286, 5287, 5288, 5289,5290 - Section 3 —"In order that buildings, structures and landscaping on property within said area be harmonious with each other and to promote the full and proper utilization of said property, the following conditions are hereby imposed upon all property in said area ..." (Emphasis added) DG page 19 — Landscape & Hardscape - "For new residences and rebuilds, a conceptual landscape plan must be submitted during the design review process." Specific landscape & hardscape guidelines are listed on pages 19, 20, 21&22. (Emphasis added) ix DG page 6—Site Planning #1 —"Natural amenities such as views, trees and similar features unique to the site should be preserved and incorporated into development proposals." (Emphasis added) General Plan, Land Use, Hillside Development — Policy LU-5.1: "Maintain the visual character of hillsides, recognizing both the importance of the exposure of hillside development from off-site public views and the importance of providing panoramic views from and of the hillsides." (Emphasis added) x DG page 5—Issues#7—Landform and tree preservation: Careless removal of mature trees and severe grading of hillside properties shows little regard for a site's natural attributes and degrades neighborhood character. (Emphasis added) DG page 6 — Site Planning #1 - "Natural amenities such as views, trees and similar features unique to the site should be preserved and incorporated into development proposals." (Emphasis added) Exhibit"A" HOA Revised Draft Resolution No. 6770—9-7-11 Page 18 of 18 STAFF DRAFT 11-1-11 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. In accordance with the Arcadia General Plan directive' to protect and preserve the character and quality of its neighborhoods by requiring harmonious design, and to implement Arcadia's Single-Family Residential Design Guidelines applicable to the real property within the five Single-Family Homeowners Associations" that are zoned "D" as Architectural Design area, 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 Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 1 of 18 STAFF DRAFT 11-1-11 purposes set forth in Section 7 there are hereby established the following regulations and procedures in which said associations may exercise plan review authority. SECTION 4: It is determined that each building or structure ate harleeenpe°i 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 is not to promote sameness, uniformity, or a specific architectural style, or certain time period. It is acknowledged that architecture (and neighborhoods in general) evolve and change over time and this will be considered through the review process. 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. SITE PLANNING " Minor revisions were made to these guidelines so that they are identical to the text in the City-wide guidelines, except for the word, "size" being deleted. (1) Natural amenities such as views, trees and similar features unique to the site should be preserved and incorporated into development proposals (2) The location, configuration, eiae and design of new buildings and structures, or the alteration or enlargement of existing structures, should be visually harmonious with their sites and compatible with the character and quality of the surroundings. (3) The height and bulk of proposed dwellings and structures on the site should be in scale and in proportion with the height and bulk of dwellings and structures on surrounding sites. Alternatively, projects should incorporate design measures to adequately mitigate scale differences. (4) The design of a new house should provide effective and varied open space around the residence. Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 2 of 18 STAFF DRAFT 11-1-11 B. STREETSCAPE "'— 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. Streetscape characteristics should be considered by new projects and = _ - - - _ - - - - - - . - - - - - • - -- - - front yards should promote a feeling of openness.; fon0ee•; C. FLOOR AREA Staff Note: This section was in the 1986 Resolutions because there was concern with MINIMUM Floor Area for new homes. Although Staff and the HOAs clearly realize this is not a problem now; the section was retained. The entire section can be removed or retained and it does not impact the document much; staff believes it is not a problem to leave it in. It is clear from this section that MAXIMUM floor area limits are not regulated by this Resolution, which is the concern of the Council. 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 —1,200 square feet of ground floor area if one story in height, or 1,300 square feet of floor area if two stories in height, at least 900 square feet of which must be on the ground floor. 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 1% 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 11/2 or 2-story. Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 3 of 18 STAFF DRAFT 11-1-11 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. 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. Staff Note: City setback requirements are consistent with the preceding paragraph; we use the average of the two adjacent properties. In Sections D, E, F, and G below, we have noted in parentheses the applicable City setbacks to show whether, or not it differs from the HOA setbacks. Staff believes the additional setbacks requested by the HOAs or that were established by the 1986 Resolutions for the HOA areas are appropriate. If the Council disagrees, Sections D, E, F, and G would not be necessary and text would be added requiring setbacks to meet the relevant zoning designation. Village — Underlying Zoning (R-1: 25'or average of the neighbors, whichever is greater and a 30° angle from front lot line) Lower Rancho — Underlying Zoning (R-0: 35' or average of the neighbors, whichever is greater and a 30° angle from front lot line) Upper Rancho (amended— the min. was 40 feet) — Minimum 50 feet (R-0: 35' or the average of the neighbors, whichever is greater and a 30° angle from front lot line) Highlands— Underlying Zoning (R-1: 25'or average of the neighbors, whichever is greater and a 30° angle from front lot line) Oaks — Minimum sixty-five (65) feet from the front property line, except that Tract 13544 shall be not less 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 (R-0: 35' or the average of the neighbors, whichever is greater and a 30° angle from front lot line) E. SIDE YARD SETBACKS Village — 10% of lot frontage, and not less than 5 feet (R-1: 10% of lot frontage and not less than 5'for the 1st floor, and 20% of lot frontage and not less than 10'for the 2n6 floor) Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 4 of 18 STAFF DRAFT 11-1-11 Lower Rancho — 10% of the lot frontage, and not less than 10 feet (R-0: 10% of lot frontage and not less than 10' for the 1St floor, and 20% of lot frontage and not less than 10'for the 2id floor) Upper Rancho — Minimum 48 15 feet The HOA said it would reduce this to 15 feet (R-0: 10% of lot frontage and not less than 10' for the 1St floor, and 20% of lot frontage and not less than 10'for the 2nd floor) Highlands — 10% of lot frontage, and not less than 6 feet (R-1: 10% of lot frontage and not less than 5' for the 1St floor, and 20% of lot frontage and not less than 10'for the 2nd floor) Oaks — 10% of lot frontage, and not less than 10 feet (R-0: 10% of lot frontage and not less than 10' for the 1St floor, and 20% of lot frontage and not less than 10' for the 2nd floor) F. REAR YARD SETBACKS Village — Minimum 25 feet (R-1: 25'for the 1st floor and 35'for the 2nd floor) Lower Rancho — Underlying Zoning (R-0: 35') Upper Rancho — Minimum 40 feet (R-0: 35') Highlands — Underlying Zoning (R-1: 25' for the 1st floor and 35' for the 2nd floor) Oaks — Minimum 35 feet (R-0: 35') G. CORNER LOT SETBACKS (Street side yard setbacks) Village — Underlying Zoning (R-1: 20'for a standard corner lot, 25' for a reverse corner lot, and a 40° angle from street side lot line) Lower Rancho — Underlying Zoning (R-0: 20' for a standard corner lot, 25' for a reverse corner lot, and a 40°angle from street side lot line) Upper Rancho — Underlying Zoning (R-0: 20' for a standard corner lot, 25' for a reverse corner lot, and a 40°angle from street side lot line) Highlands — Minimum 15 feet from side street for Tracts 10725, 13367, 14626, • 15285 & 16920 (R-1: 20' for a standard corner lot, 25' for a reverse corner lot, and a 40° angle from street side lot line) Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 5 of 18 STAFF DRAFT 11-1-11 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 (This implies that any other structure must comply with the underlying zoning, which is R-0: 20'for a standard corner lot, 25'for a reverse corner lot, and a 40° angle from street side lot line) H. FRONT OF DWELLING — 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 & Lower Rancho Garages shall not dominate the front elevation, and should be set back from the front façade or tucked into the back yard." Upper Rancho — 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— Underlying Zoning Oaks — A detached garage shall not be located less 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. J. EXTERIOR BUILDING MATERIALS — 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. ' •"ili L. AFFECT ON ADJACENT PROPERTIES AND NEIGHBORHOOD 'x — 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 Exhibit "B" Staff Draft of Resolution No. 6770 — 11-1-11 Page 6 of 18 STAFF DRAFT 11-1-11 reasonably address these issues, and windows and balconies shall be located to reasonably protect privacy and views of surrounding homes and yards. M. TREES "- City Planning staff must approve the removal of any Oak Tree or construction of any improvements under the drip line of Oak Trees. Staff Note: Four of the Five HOAs have the tree protection language listed below, with the addition of the redwood tree being new. If the Council consensus is to not allow the HOAs more regulatory control over trees than the City has, the following paragraph would be removed and only the first sentence of the se;tion would remain (Oak trees would be protected by the City). The Council could also consider removing some of the trees listed as protected (such as liquidambars). No living oak, sycamore, liquidambar, magnolia, pine, or redwood tree with a trunk diameter larger than six inches, measured at DBH (the standard arborist measure - 41/2 feet above ground on the high side), 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. 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; however, any fence or wall between adjacent properties not within the front building setback or street side setback area is subject only to review by the City. Specific requirements of the ARB for proper consideration of an application are listed on the Short Review or Regular Review Applications. Exhibit "B" Staff Draft of Resolution No. 6770 - 11-1-11 Page 7 of 18 STAFF DRAFT 11-1-11 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 shall be empowered to transact business and exercise powers herein conferred, only if the following requirements exist: 1. A formally organized property owner's organization exists in the applicable area described in Section 1. Staff Note: Is there any interest on the part of the Council to require HOA's to have dues-paying memberships from a certain percentage of affected property owners within that HOA? Since the formation of the HOAs was done through a zoning designation, there is no requirement that this occur. 2. The organization has by-laws adopted that authorize the establishment of the ARB. 3. Said by-laws provide that only property owners can be appointed to and serve on the ARB. 4. Owners have been appointed to the ARB in accordance with the by-laws. 5. A copy of the by-laws and any amendments thereto has been filed with the City Clerk. 6. The ARB shall designate a custodian of records who shall maintain said records and make them available for public review upon reasonable request. 7. 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. 8. 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. 9. Only ARB members present at the meeting can participate in making the decision. Exhibit "B" Staff Draft of Resolution No. 6770 — 11-1-11 Page 8 of 18 STAFF DRAFT 11-1-11 10. 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. 11. 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. 12. All meetings of the ARB shall be open to the public in accordance with the Ralph M. Brown Act (California Open Meeting Law). All tenants of the Brown Act shall be adhered to by members of the HOA Board and ARB. This includes, but is not limited to proper posting of meeting agendas, noticing requirements, no discussion of matters outside of public meetings, etc. B. POWERS OF THE ARB - Pursuant to Section 3 and Section 4 A through N, and through the specified review process, the ARB shall have the power to: 1. Determine the compatibility with the neighborhood of the mass, scale, eiffor design and appearance of the proposed project. , 2. Determine and approve appropriate setbacks. 3. Determine whether materials and appearance are compatible with the neighborhood. 4. Determine the impact of the proposed project on adjacent properties. 5. Subject to compliance or consistency with the City's Municipal Code, any of the conditions set forth in Sections 4A through 4N ' ' g, 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. 6. The ARB shall have the power to establish requirements concerning project applications and procedures for review for the purpose of exercising its duties, subject Exhibit "B" Staff Draft of Resolution No. 6770 — 11-1-11 Page 9 of 18 STAFF DRAFT 11-1-11 to review and approval of the City. Copies of such requirements shall be kept on file with the Planning Department. C. NOTIFICATION STANDARDS FOR REVIEW PROCESS — For the purpose of conducting design review, required notification shall be deemed to include at least the two parcels on each side of the parcel subject to plan approval (subject parcel), the five parcels facing the subject parcel, and the three parcels to the rear of the subject parcel. Staff Note: Is there a Council consensus to remove the requirement for notification of the three parcels to the rear? The options as we see them are to 1) remove the parcels to the rear as part of the notification, 2) to be consistent with the City's radius or a larger radius (which would include these parcels), or to let the HOA recommendation stand as is. Staff has no issue with the HOA recommendation. Unusually situated parcels, those where a second-story addition or modification is involved, or where the slope of the terrain might impact additional neighbors, may require additional parcels to be part of the required parcels to be notified, and is to be determined by the ARB Chair or designee. The required notification shall not include properties outside of the HOA or commercially-zoned properties. An example of the required area of notification is set forth below, although the required notification may vary case-by-case: �--- Street j Subject °arcel 4 Street j j j j j A Required Notification /%//%A Parcels included in "Required Notification"as related to Subject Parcel D. SHORT REVIEW PROCESS PROCEDURE 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 owners in the required notification area, Staff Note: Is there Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 10 of 18 STAFF DRAFT 11-1-11 Council consensus to remove the requirement to get neighbor sign-off for these "Short Review" cases? The City currently requires neighbors to sign-off for Administrative Modifications, but this requirement was recently eliminated for Home Occupation Permits. An option would be to remove this requirement for the HOAs and make Short Review cases administrative with neighbor notification. We could also apply this to the City's Administrative Modifications. as determined by the ARB Chair or 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 • Structural elements 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 (Council policy?) • Roofing b. If a property owner in the required notification area 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 required notification area has been submitted by the applicant. Staff Note: This section can be removed if the Council wishes to make this process administrative and not Exhibit "B" Staff Draft of Resolution No. 6770 - 11-1-11 Page 11 of 18 STAFF DRAFT 11-1-11 require neighbor sign-off; in which case the process will need to include notice to the neighbors of the decision and the appeal process. 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 impact on the neighborhood, he/she may require that the application be processed under the Regular Review Process procedure. E. 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 required notification area 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. Exhibit "B" Staff Draft of Resolution No. 6770 — 11-1-11 Page 12 of 18 STAFF DRAFT 11-1-11 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. F. 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. G. 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 Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 13 of 18 STAFF DRAFT 11-1-11 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. 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. 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. d. A good relationship between adjacent front yards increases the value of properties and makes the use of both properties more enjoyable. SECTION 7. 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. Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 14 of 18 STAFF DRAFT 11-1-11 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. 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 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. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 15 of 18 STAFF DRAFT 11-1-11 End Notes for Revised Joint Resolution i General Plan, Land Use (LU) Element— GP-LU 2-3, Neighborhood Character— "The City Protects and preserves the character and quality of its neighborhoods by requiring harmonious design..." (Emphasis added) ii Arcadia Single-Family Residential Design Guidelines(DG)—DG page 3 Applicability—"In order to preserve the character of these neighborhoods and encourage high-quality residential design throughout the City, the City Council has adopted these Single-Family Residential Design Guidelines." "In the five Homeowners Associations (HOAs) recognized by City Council resolution, design review is conducted by each association's Architectural Review Board (ARB). However, these design guidelines apply to all single-family residences throughout the City." (Emphasis added) iii Prior Resolutions # 5286, 5287, 5288, 5289,5290 - Section 3 — "In order that buildings, structures and landscaping on property within said area be harmonious with each other and to promote the full and proper utilization of said property, the following conditions are hereby imposed upon all property in said area ..." (Emphasis added) DG page 19 — Landscape & Hardscape — "For new residences and rebuilds, a conceptual landscape plan must be submitted during the design review process." Specific landscape & hardscape guidelines are listed on pages 19, 20, 21&22. (Emphasis added) Water Efficient Landscaping Ordinance(WELO)-Documentation Package and Guidelines: WELO - page 1 — "Ordinance No. 2267 requires all projects that meet the following thresholds to comply with specific water conservation practices: (Emphasis added) • "A developer-installed residential project ... that includes a total area of 2,500 of more square feet of rehabilitated and/or new irrigated landscaping. • "An owner-builder residential project ... that includes a total area of 5,000 of more square feet of new irrigated landscaping." WELO - page 12 — "Landscaping should define a sense of space by making a statement, ensuring community continuity, complementing good architectural design, and creating a cohesive finished product." WELO-page 13—A Single-Family Residential Guidelines: 1. "Trees, shrubs, and groundcover shall be incorporated within single-family development projects to create a comfortable and aesthetically pleasing environment for residents and those viewing public areas. 3. "Front yard areas can be designed using landscape elements pertaining to the form, horizontal and vertical lines, hardscape and softscape, and ornate qualities that are compatible with the primary structure. Visual openness and water efficiency should be maintained." (Emphasis added) iv DG page 5 — Issues, #4 — Architectural style and design: Many new homes lack a coherent architectural style, attempt to combine many different styles, or have a style that is incompatible with the surrounding homes." v DG page 6—Site Planning— These 4 statements are taken directly from the Design Guidelines. vi DG page 5—Issues: Exhibit "B" Staff Draft of Resolution No. 6770 — 11-1-11 Page 16 of 18 STAFF DRAFT 11-1-11 1. "Mass and scale: Inappropriate massing and scale is a key issue..." 2. "Front entry: Excessively tall or flat entry porches can have a towering or monumental appearance..." 3. "Garages: Street-facing garages tend to be uninviting and have the potential to dominate the front elevation..." 4. "Architectural style and design: Many new horses lack a coherent architectural style, attempt to combine too many styles, or have a style that is incompatible with the surrounding homes." 5. "Additions and accessory buildings: ... Poorly designed additions and accessory buildings can ruin the character of an existing home." 6. "Colors and materials: the use of bright or strong paint colors and/or unnatural building materials can result in a house that looks out-of-place..." 7. "Landform and tree preservation: Careless removal of mature trees and severe grading of hillside properties shows little regard for a site's natural attributes and degrades neighborhood character." DG page 6—Site Planning—see statements listed in Section 4—quoted from Design Guidelines DG page 9 — Massing, #1 — "New dwellings and additions should be compatible in mass and scale to surrounding buildings in the neighborhood and with the natural site features." DG page 17—Materials &Colors—"Materials and colors not only contribute to a building's architectural style, but can also help tie a new structure to its surroundings." General Plan, Land Use, Single-Family Residential Development — GOAL LU-3: Preservation and enhancement of Arcadia's single-family neighborhoods, which are an essential part of the city's core identity. Policy LU-3.1: "Protect the character of single-family residential neighborhoods through the preservation and improvement of their character defining features. Such features include but are not limited to tree-lined streets, building orientation, sidewalks, and architectural scale and quality." Policy LU-3.2: "Implement design guidelines to keep new homes and home additions consistent in scale, massing, and architectural quality with prevailing conditions in the neighborhood." Policy LU-3.3: "Encourage a variety of architectural styles for new and renovated structures that reflect local architectural characteristics." Policy LU-3.4: "Strengthen neighborhood identity with new development that is compatible with surrounding structures through scale, massing, and preferred architectural style." Policy LU-3.5: "Require that new construction, additions, renovations, and infill developments be sensitive to neighborhood context, building forms, scale, and colors." Policy LU-3.6: "Encourage preservation of the natural topography of a site and existing mature trees." Policy LU-3.7: "Ensure that the design and scale of new and remodeled single-family residential buildings are appropriate to their context." General Plan, Land Use, Hillside Development — Policy LU-5.6: "Require hillside development to incorporate architecture, scale, massing, building form, building color, roof materials, and landscaping to reflect the natural hillside setting." vii DG page 5 — Issues #3 Garages: "Street-facing garages tend to be uninviting and have the potential to dominate the front elevation of a house." Exhibit "B" Staff Draft of Resolution No. 6770 — 11-1-11 Page 17 of 18 STAFF DRAFT 11-1-11 DG page 12—Façade Design,#4—"Garages should not dominate the street." viii Prior Resolutions # 5286, 5287, 5288, 5289,5290 - Section 3 —"In order that buildings, structures and landscaping on property within said area be harmonious with each other and to promote the full and proper utilization of said property, the following conditions are hereby imposed upon all property in said area ..." (Emphasis added) DG page 19 — Landscape & Hardscape - "For new residences and rebuilds, a conceptual landscape plan must be submitted during the design review process." Specific landscape & hardscape guidelines are listed on pages 19, 20, 21&22. (Emphasis added) ix DG page 6—Site Planning #1 —"Natural amenities such as views, trees and similar features unique to the site should be preserved and incorporated into development proposals." (Emphasis added) General Plan, Land Use, Hillside Development — Policy LU-5.1: 'Maintain the visual character of hillsides, recognizing both the importance of the exposure of hillside development from off-site public views and the importance of providing panoramic views from and of the hillsides." (Emphasis added) x DG page 5—Issues#7—Landform and tree preservation: Careless removal of mature trees and severe grading of hillside properties shows little regard for a site's natural attributes and degrades neighborhood character. (Emphasis added) DG page 6 — Site Planning #1 - "Natural amenities such as views, trees and similar features unique to the site should be preserved and incorporated into development proposals." (Emphasis added) • Exhibit "B" Staff Draft of Resolution No. 6770— 11-1-11 Page 18 of 18 13 1Hi I gg- -,, s In ai Ili i i 194 10 ill I� a a tom, -, 3 zi Y 41 442 la Ni I; ! 111 2i ¢ 01 11 ! N i!.! g 3g�� $e ' �� 8 v 111 f d6 g ° a. Iq 9 3g §, i u 9 �" a 9� H y iii T I i g:h i i g W i i 5 i s g 9 v qi A #t? erg' a i I d � gi 8 a sm L1 r IV SF S Q p q 11 I a a$s gd 93 Id ° Bq 1 y s n Z 7 1 a 1 q s aT o z m T�4 7l 7. 1 Iii 11! Ili 1° 1 R "1 1 i /O c all I 11 'i !g! I l3 1 3 3 12 3 $`3 Q. a gg i S Y�' °s gg it Ys 8 d F=� ? 8. I R X 7 O. i II! 2.9w i T 3.5M o 2. I 111 9i k ay 5 3 q°° d; a m 3 kg « .. g Is y°` !q- c` il: 3 qa i � �S a Iii s.' 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