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HomeMy WebLinkAbout4219 RESOLUTION NO. 4219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING AND ESTABLISHING REGULATIONS APPLICABLE TO REAL PROPERTY WEST OF BALDWIN AVENUE AND NORTH OF FOOTHILL BOULEVARD UPON ITS RECLASSIFICATION INTO A "D" ARCHITECTURAL DESIGN ZONE. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the City Council has concurrently with the adoption of this resolution reclassified in Zone D, Architectural Design, all property west of Baldwin Avenue and north of Foothill Boulevard, excluding the County area. Said reclassification was enacted pursuant to Ordinance No. 1439. SECTION 2. In order that buildings, structures and land- scapingon property within said area will be harmonious with each other and to promote the full and proper utilization of said prop- erty, the following provisions, restrictions and conditions are hereby imposed upon all property in said area pursuant to the zoning regulations of the Arcadia Municipal Code: 1. Floor Area. No dwelling shall be erected or permitted which contains less than 2,500 square feet of ground floor area, excluding any uncovered porch, balcony, approach, patio, or other uncovered enclosure. The space contained within any covered porch, balcony, or garage attached to a dwelling shall be computed at one- half of the actual square footage therein contained. Floor space shall be deemed to include the area measured from the outer faces of the exterior walls. 2. Setbacks. No building or other structure shall be erected less than 40 feet from the front property line, less than -1- 4219 15 feet from the sidelines or les.s than 40 feet from the rear line of any lot, provided that the front setback of any building or other structure on any lot shall be reasonably compatible with the front setback of existing buildings or other structures previously erected on adjacent lots; and the Architectural Review Board, hereafter referred to as the "Board" and hereafter es tablished, shall have the power to require a front setback of more than 40 feet for any lot in order that such setback will be reasonably compatible with that of adjacent lots. In case of undue hardship to any property owner in complying with the foregoing sideline and rear setback requirements, the Board shall have the power to reduce the sideline setback requirements to not less than 10 feet and the rear setback requirements to not less than 25 feet, provided that in no event shall the sideline setbacks applicable to the front 150 feet of any lot be reduced to less than 15 feet. 3. Corner Lots. No building or other structure shall be erected, maintained or permitted on a corner lot which is less than' 25 feet, at any point, from the side street property line. 4. Front of Dwelling. Any dwelling placed or maintained on any lot shall face the front line thereof. 5. Garage. Any separate garage not connected to the dwelling as an integral part thereof and located in the front 150 feet of the lot shall not be closer to the front property line than the main structure. p. Trees. No living native tree larger than six inches in diameter shall be cut down, killed or removed in any manner whatsoever without first securing the written permission of the Board, regardleBs upon whose property the tree is actually growing. Such permission shall not be granted by the Board unless it is shown, -2- 4219 after weighing the utility of ma~ntaining the tree against the gravity of any alleged harm, that continued maintenance of the tree constitutes a nuisance and that there is no practical way of alleviating the nuisance except by cutting down, killing or removing the tree. 7. Walls, Fences and Hedges. All walls, fences and hedges shall be maintained in good condition. No wall or fence shall exceed three feet in height in the front yard, nor six feet along that ,portion of sidelines extending to the rear of the front building line, or elsewhere on any property. No wall, fence or hedge on a corner lot shall be maintained at a height or in such place so as to unreasonably obstruct the view of motorists and thereby create a traffic hazard. 8. ,Compatibility of Materials. Materials, used on the exterior of any structure, wall, or fence or the materials of any structure, wall, or fence which remain exposed, shall be reasonably compatible with materials of other structures on the same lot and with the other structures in the neighborhood. 9. External Building Appearance. The appearance of any structure, including a wall or fence, shall be reasonably compatible with existing structures in the neighborhood. 10. Approval of Board Required. No structure, including a wall or fence, shall be erected or modified unless working drawings and specifications for erection, modification or improvement of the structure showing the precise location on the lot of the struc- ture have. been submitted to and approved by the Board,. The provisions of this condition shall not apply if the Board does not qualify as hereinafter provided, nor if the drawings are for work inside a building which does not substantially change the external appearance of the building. -3- 4219 11. Architectural Review Board. There exists in said area a board known as the Architectural Review Board. The Board shall be qualified, at any time, to transact business and exercise any powers herein conferred only if the following requirements exist: (a) A formally organized property owners associa- tion exists in said area controlled by the owners of a majority of the total number of lots in said area. (b) The organization has bylaws adopted and subject to amendment by the affirmative vote of said majority. (c) Said bylaws provide for appointment of such owners, only, to the Eoard. (d) Owners have been appointed to the Board in accordance with the bylaws. (e) A copy of the bylaws and any amendments thereto have been filed with the City Clerk and the Planning Director together with a list of the lots and owners thereof which constitute said majority; said or.ganlzation shall comply with any reasonable order of the Planning Director drawn for the sole purpose of keeping said list current without expense to the City. (f) Permanent written records of the meetings, action, findings and decisions of the Board are main- tained and are open at reasonable times to the inspection of the public. Each matter referred to .the Board shall be assigned an identifying number. Any denial of approval shall be accompanied by detailed findings of the reasons of the Board for its disapproval. -4- 4219 (g) Within 24 hours after the written decision of the Board, a copy thereof shall be delivered to the applicant and filed with the Planning Department and posted on the bulletin board outside the City Council Chambers in the Arcadia City Hall. 12. Powers of the Board. The Board shall have the power to: (a) Determine and approve an appropriate front yard pursuant to'Condition 2, above. (b) Determine whether materials and appearance are compatible in accordance with the above conditions and, based upon such determination, deny or approve the work- ing drawings and specifications. (c) If a grading plan is required for a building permit for a structure, the Board may require such plan to be submitted with the working drawings and specifica- tions. (d) Any of the conditions set forth in Sections 1 to 9, above, may be made less restrictive by the Board if the Board determines that such action will foster the development of a lot and will not adversely affect the amenities of the adjacent lots and the general neighbor- hood; provided, (1) the owner or owners of abutting lots, and (2) in the case of decisions affecting front yards and corner side yards, owners of property within 165 feet of such yards shall be notified by the Board in writing 72 hours before the hearing where the Board acts under this subdivision. 13. ~peal. Any property owner in said area may appeal the decision of the Architectural Review Board by following the -5- 4219 -6- 4219 structure can be detrimental, to the amenities and value of a.djacent property and neighborhood. 15. Time for Board to Act. The Board shall hear any request for a review of working drawings and specifications within thirty days from the date such request is filed with the Board and shall render a decision in writing in accordance with this resolution within ten days of such hearing. Failure to take action in said time shall, at the end of said ten-day period, be deemed a disapproval of the working drawings and specifications. Any property owner'in said area may appeal the action of the Board by following the procedure set forth in Condition 13, above. 16. Annual Report. The Board annually shall make a general report of its activities of the preceding year to the Plan- ning Conunission. SECTION 3. The City Council finds and determines: 1. That the area referred to herein is presently substantially developed with single-family residences on lots predominantly containing more than 25,000 square feet; that substan- tially all of said residences were constructed approximately in the same period of time and have been maintained in a first-class condition since that time. 2. That the residences in said area were constructed in an orderly, harmonious manner, and the appearance of substantially all residences, including walls, fences and landscaping, in said area is harmonious and compatible in all respects with substantially all other residences in the area. 3. That the conditions found to exist in findings Number 1 and 2, above, have substantially contributed to making this area highly desirable for family residential purposes. -7- 4219 4. ~~ha t the purpose of,.. the provisions of this resolution are to secure and maintain the conditions found to exist in findings Number land 2, above; that said provisions will m~intain said condi tions. 5. That the continued maintenance of said conditions will benefit said area and the City of Arcadia, generally, by maintaining the economic viability of said area. 6. That the health, safety and general welfare of the people of Arcadia and good zoning practice require the adoption of this resolution. SECTION 4. 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 af:fect'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 anyone or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid. SECTION 5. The City Clerk shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia -8- 4219 held on the 21st day of September , 1971, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Butterworth, Considine, Hage and Helms NOES: None ABSENT: Councilman Acth ~ ~#-b~jJ ~ ~~ City Clerk of the ~:ty of rcadi~ SIGNED AND APPROVED this ATTEST: - U ~)k~ (SEAL) -9- 4219