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RESOLUTION NO. 5231
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA DETERMINING AND
ESTABLISHING REGULATIONS APPLICABLE
TO REAL PROPERTY IN THE SANTA ANITA
OAKS D ARCHITECTURAL DESIGN ZONE AREA
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE
AND RESOLVE AS FOLLOWS:
SECTION 1. That the City Council is concurrently with
the adoption of this resolution reclassifying into Zone D.
Architectural Design, property described in Exhibit A,
attached hereto. Said reclassification is being enacted
pursuant to Ordinance No. 1815.
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SECTION 2. 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 4, there is hereby established
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the following regulations and procedures in which said
association may exercise plan review authority.
SECTION 3. In order that buildings, structures and
landscaping on property within said area will be harmonious
with each other and to promote the full and proper
utilization of said property, 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, and all those in control of
property within said area, are subject to this resolution
and Ordinance No. 1815.
1. FLOOR AREA. No one-family dwelling shall be
erected or permitted which contains less than 2,000 square
feet of ground floor area, except in Tracts 14656, 13544,
and 10617 in which no one-family dwelling shall be erected
or permitted which contains less than 1,800 square feet of
ground floor area. The space contained within an open
porch, open entry, balcony, garage. whether or not it is an
integral part of the dwelling, patio, basement. or cellar
shall not be considered in computing the square footage
contained in any such building. The minimum required floor
area shall be deemed to include the area measured from the
outer faces of the exterior walls.
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2. FRONT YARD. No building shall be erected less than
sixty-five (65) feet from the front property line, except
that Tract 13544 shall not be less than sixty (60) feet,
Tracts 13345 and 11013 shall not be less than fifty-five
(55) feet, and Tract 14656 shall not be less than fifty (50)
feet. 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 a lot proposed to be improved,
the Board shall have the power to require an appropriate
front yard on the lot to be improved, including a setback up
to a size as large as an adjacent front yard.
3. CORNER LOTS. On a corner lot, a separate carport
or garage not connected to a dwelling, as an integral part
thereof, shall not be located less than twenty (20) feet, at
any point, from the side street property line.
4. GARAGES. A carport or garage not connected to a
dwelling, as an integral part thereof, 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 and 13544
which shall be one hundred twenty-five (125) feet, and in no
case shall the garage or carport be closer to the front
property line than the main dewl1ing.
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5. TREES. No living oak, sycamore, liquid amber,
magnolia, or pine tree with a trunk diameter larger than six
inches. measured at a point on the tree which is three feet
above the grade immediately adjacent to said tree, shall be
cut down, killed or removed in any manner, without first
securing the written permission of the Board. 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.
6. EXTERIOR BUILDING MATERIALS. Materials used on the
exterior of any structure, including roofing, and a 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.
7. 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.
8. APPROVAL OF BOARD REQUIRED. No structure, roof,
wall or fence greater than two (2) feet above the lowest
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adjacent grade, shall be erected, placed or replaced unless
approved by the Board.
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 Board.
No structure, roof, wall or fence shall be erected, placed
or replaced except in exact conformance with the plans
approved by the Board.
If necessary to properly consider any application, the Board
may require specific plans, working drawings,
specifications, color charts and material samples.
The provisions of this requirement shall not apply if the
project consists only of work inside a building which does
not substantially change the external appearance of the
building.
9. ARCHITECTURAL REVIEW BOARD. The Board shall be
empowered to transact business and exercise powers herein
conf~rred, only if the following requirements exist:
a. A formally organized property owner's organization
exists in said area.
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b. The organization has by-laws adopted that authorize
the establishment of the Board.
c. Said by-laws provide for appointment of property
owners, only, to the Board.
d. Owners have been appointed to the Board in
accordance with the by-laws.
e. A copy of the by-laws and any amendments thereto
have been filed with the City Clerk and the Director of
Planning.
f. The Board 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, action, and decision of the Board shall be
maintained by the Board and copies thereof filed with the
Planning Department within three (3) working days of the
Board's decision.
Any decision by the Board shall be accompanied by specific
findings setting forth the reasons for the Board's decision.
Any decision by the Board shall be made by a majority of the
entire membership of the Board, and such decision shall be
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rendered by the Board members who considered the
application.
A copy of the Board's findings and decision shall be mailed
to the applicant within three (3) working days of the
Board's decision.
h. All meetings of the Board shall be open to the
public in accordance with the Ralph M. Brown Act (California
Open Meeting Law).
10. POWERS OF THE BOARD. The Board shall have the
power to:
a. Determine and approve an appropriate front yard
pursuant to Condition 2 of Section 3.
b. Determine whether materials and appearance are
compatible in accordance with the above Conditions 6 & 7 of
Section 3.
c. If a grading plan is required for a building permit
for a structure, the Board may require such plan to be
submitted along with the building plans.
d. Any of the .conditions set forth in Conditions 1
through 5 of Section 3, may be made less restrictive by the
Board if the Board determines that such action will foster
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the development of a lot and will not adversely affect the
amenities of the adjacent lots and the general neighborhood;
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 one hundred sixty-five
(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.
e. The Board shall have the power to establish rules
for the purpose of exercising its duties, subject to review
and approval of the City. Copies of such rules shall be
kept on file with the Secretary of the Association and the
City Clerk.
11. TIME FOR BOARD TO ACT. The Board shall render
it's decision on an application within thirty (30) working
days from the date such request is filed with the Board;
failure to take action in said time shall, at the end of the
thirty (30) working day period, be deemed an approval of the
plans.
12. EXPIRATION OF BOARD'S APPROVAL. If for a period
of one (1) year from the date of approval, any plans
approved by the Board have been unused, abandoned or
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discontinued, said approval shall become null and void and
of no effect.
13. LIMIT ON BOARD'S POWER. The Board shall not have
the power to waive any regulations in the Code pertaining to
the basic zone of the property in said area. The Board may,
however, make a recommendation to the City agency, which
will be considering any such waiver request, regarding
waiving such regulations.
14. APPEAL. Appeals from the Board shall be made to
the Planning Commission. Said appeal shall be made in
writing and delivered to the Planning Department within
seven (7) working days of the Board'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 an appeal from the Board's
decision, such appeal shall be processed by the Planning
Department in accordance with the same procedures applicable
to appeals from the Modification Committee.
15. STANDARDS FOR BOARD DECISIONS AND APPEALS. The
Board and any body hearing an appeal from the Board's
decision shall be guided by the following principles:
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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 a~y particular structure, building, fence wall
or roof, except to the extent necessary to establish
contemporarily accepted standards of harmony and
compatibility acceptable to the Board or the body hearing an
appeal in order to avoid that which is excessive, garish,
and substantially unrelated to the neighborhood. (pertains
to Conditions Nos. 6 & 7 of Section 3 - Exterior Building
Materials & Exterior Building Appearance - of this
Resolution)
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 Nos. 6 & 7 of Section
3 - Exterior Building Materials & Exterior Building
Appearance - of this Resolution)
c. A poorly designed external appearance of a
structure, wall, fence, or roof, can be detrimental to the
amenities and value of adjacent property and neighborhood.
(pertains to Conditions Nos. 6 & 7 of Section 3 - Exterior
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Building Materials & Exterior Building Appearance - of this
Resolution)
d. A good relationship between adjacent front yards
increases the value of properties and makes the use of both
properties more enjoyable. (pertain to Condition No.2 of
Section 3 - Front Yards - of this Resolution)
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 he1p assure
protection from deterioration, blight. and unattractiveness
all of which can have a negative impact on the environment
of the co~munity, 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
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the Ci ty'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
Resolutlons 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 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 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,
subsect.i on, subdi vi s ion, sentence, clause, phrase, or
portion thereof be declared invalid.
SECTION 6. That the City Clerk shall certify to the
adoption of this Resolution.
Passed, approved and adopted this16thday of July , 1985.
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~iJ~F
Mayor/of the City of t'cadia
Pro Tem
ATTEST:
&~-J~~
City Clerk of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA
I, CHRISTINE VAN MAANEN, Clerk of the City of Arcadia,
hereby certify that the foregoing Resolution No. 5231 was
passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor/[~~ lf~ested to by the City
Clerk at a regular meeting of said Council held on the 16th-day
of July, 1985, and that said Resolution was adopted by the
following vote, to wit:
AYES: Councilmen Gilb, Hannah, Lojeski and Young
NOES: None
ABSENT:
Collncilman
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