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HomeMy WebLinkAbout5231 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. , f 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 -1- 5231 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. 2 5231 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. 3 5231 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 4 5231 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. 5 5231 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 6 5231 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 7 5231 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 8 5231 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: 9 5231 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 10 5231 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 11 5231 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. 12 5231 ~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 - - -- - ~ pellegrino".- ,r,."' .. " ,"." . '.' .;-.~ ,." /}. . ~~~ ~ 0t~yg~~eri~~J~the-City-of-Arcadia :'.2:'",..,'-/'-.1.' '~-"'- ....-:- ~., ":;':-':''''3 ::;..../ .~ __:L _~ 5231