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Home My WebLink About5426 RESOLUTION NO. 5426 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING FORTH CRITERIA PERTAINING TO THE FORMATION OF ANY PROSPECTIVE OR PENDING HOMEOWNERS' ASSOCIATION. . , WHEREAS, Ordinance No. 1889 authorizes the establishment of new Homeowners' Associations and establishes formation criteria to enable application of the Architectural Design Zone; and WHEREAS, the City Council desires to adopt such criteria; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CAlIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. This Council finds: The following shall be general criteria which shall be used as a guideline for the Council's consideration for the formation of any Homeowner's Association: 1. The proposed homeowners' associaton area should consist of not less than 150 gross acres. 2. The proposed homeowners' association area should consist of not less than 200 properties. 3. The proposed homeowner's association area's boundaries should be easliy definable, i.e. along street lines. Boundaries should not result in donut holes of properties not included, or finger areas of properties to be included. 4. At least 60 percent of the property owners (husband & wife count as one) within the proposed area should be in support of the formation of the association (i.e. sign the petition). 5. The proposed design review criteria and procedures should be generally consistent with those of the existing homeowners' associations. 1 RESO 5426 7/19/88 SECTION 2. Before property owners commence with the circulation of a petition requesting the support for the formation of an association, the following steps should take place: 1. The person(s) in charge of the formation of the proposed association must be identified. 2. The general area which is contemplated for inclusion in the association is identified on a map and with a brief description must be submitted to the City Council for review and approval. 3. The proposed Petition of Support and a draft of the Design Overlay Resolution must be submitted to the City Council for review and approval. 4. Along with the Petition of Support (Exhibit A), each of the potential signees shall be provided with a copy of the proposed Design Overlay Resolution and a copy of the Information Regarding Homeowners' Association (Exhibit B). SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 19th day of July, 1988. . . -//~~ n ATTEST: Mayor of the City of Arcadia . ~ ...... Ci 6,,::, ~~~~----------- 2 RESO 5426 7/19/88 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) 55 CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5426 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of' July1988, and that said Resolution was adopted by the following vote, to-wit: AYES: Councilmember Chandler, Gilb, Lojeski and Harbicht NOES: None ABSENT: Counci1member Young Ci~~~~~~~-------- '. 3 RESO 5426 7/19/88 PETITION OF SUPPORT FOR THE FORMATION OF A HOMEOWNERS' ASSOCIATION We the undersigned, do hereby express our interest in the formation of a Homeowners' Association that will include our property. We acknowledge that prior to signing this Petition, we reviewed the Petition attachment labeled "Information Regarding Homeowners' Associations," and the draft proposed resolution that will govern the proposed Association. We understand that the formation and implementation of a Homeowners' Association will cause our property to be subject to the jurisdiction of the Association as generally described in the attachments, and we are willing to abide by the applicable requirements. We therefore request that the City Council adopts the necessary ordinance for application of the Design Overlay Zone and approve the applicable Homeowners' Association. Date: Name (printed): (signature): Address of Property Owned: Date: Name (printed): (signature) : Address of Property Owned: bate: Name (printed): (signature): Address of Property Owned: Date: Name (printed): (signature): Address of Property Owned: Date: Name (printed): (signature) : Address of Property Owned: EXHIBIT "A" S4~ INFORMATION REGARDING HOMEOWNERS' ASSOCIATION HOMEOWNERS' ASSOCIATION ARCHITECTURAL REVIEW AUTIlORITY The establishment of a Homeowners' Association, with architectural re- view authority, will result in additional local control over the design and appearance of new and remodeled structures and certain other site im- provements or changes. However, with this additional control there will be . additional regulations which will apply to your property. If a Homeowners' Association is established, all existing and future prop- erties/structures within the Homeowners' Association, area (association members and nonmembers alike), will be subject to the design require- ments and procedures which are adopted by the City Council and imple- mented through the Homeowners' Association's Architectural Review Board (ARB). '" >< ::x: Building projects requiring ARB approval must be approved by the ARB, (or the Planning Commission or City Council on an appeal), before a Building Permit can be issued by the City. Any decision of an ARB may be appealedby any interested party to the Planning Commission and subse- quently to the City Council. For each such appeal there is a fee charged for its processing. The current appeal fee is $230 to the Planning Commission and $156 if subsequently appealed to the City Council. '" -< '" The following is intended to provide basic information as to the types of improvements which would be subject to the review authority of the proposed ARB, and to explain what the ARB can and cannot do. ~ ~ ~ ARB REVIEW MAY BE REOUlRED FOR: . Any new buildings (house, garage. accessory building), . Any addition to an existing building, . Any external building alteration (except for painting), . Reroofing, . Walls & fences over 2 ft. in height, . Tennis court fencing & lighting, . Removal of certain specified trees, The extent of ARB Review will depend upon the specific project. Some projects may be reviewed and acted on by the ARB without a public hearing, while other projects may require a public hearing by the ARB prior to their taking action. ARB REVIEW IS NOT REOIDRED FOR: . Interior alterations, . Painting, . Driveways & walkways, . Landscaping, . Tennis court paving, . Walls & fences not more than 2 ft. in height, . Swimming pools/Spas (not more than 2 ft. above grade), . Doughboy pools. AN ARB CANNOT: . Prohibit two story houses, . Prohibit large houses or garages, . Restrict new subdivisions or lot splits, . Regulate vehicular parking, . Restrict a building to protect a neighbor's view or privacy, . Exercise such architectural control of the appearance and materials of a project so as to stifle individual initiative, except to the extent necessary to establish contemporary standards of harmony and compatibility. . AN ARB CAN: . . . Determine whether building materials and appearance of a project are compatible with the materials of other structures on the same lot and with other structures in the neighborhood. . Exercise such architectural control of the appearance and materials of a project SO as to avoid that which is excessive, garish and substantially unrelated to the neighborhood. . Impose conditions to their approval which may require changes to the new home or addition or additional measures they detennine to be neces- sary to provide for compatibility of appearance and materials. If you have any questions, please call the Arcadia Planning Department