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HomeMy WebLinkAbout4335 RESOLUTION NO. 4335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING AND ESTABLISH- ING REGULATIONS APPLICABLE TO REAL PROPERTY , IN THE HIGHLAND OAKS AREA UPON ITS RECLASSI- FICATION 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 is concurrently with the adoption of this resolution reclassifying into Zone D; Architectural Design, property in a certain area of the City of Arcadia hereinafter more particularly described. Said reclassifi- cation is being enacted pursuant to Ordinance No. l479. Said property is described as follows: That property bounded on the south by the southern boundaries of the Highland Oaks School, Lot 59 of Tract 16920 and Lot 83 of Tract 15285; on the west by the center line of Santa Anita Avenue and the City limits; on the north by the City limits; and on the east by ,the Los Angeles County Flood Control Channel. SECTION 2. In order that b~ildings, structures and land- . scaping 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: l. FLOOR AREA. 'No one-family dwelling shall be erected or permitted which contains less than 1,600 square reet of ground floor area if one story in height, and not less than 1,200 square feet of ground floor area if one and one-half or two stories in height. The space contained'within an open porch, open entry, balcony, garage, whether or not it is an integral part of the -1- 4335 ~ , ,'.. 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 exterior walls. 2. FRONT YARD. If a dwelling with a larger front yard than the minimum required by the R-l regulations exists on a lot on either side of a lot proposed to be improved, the Architectural Review and Area Planning Committee, hereinafter established, and hereafter referred to as the "Committee," shall have the power to require an appropriate front yard on the lot to be improved, including one up to a size as large as an adjacent front yard. 3. SIDE YARD. A lot with a building, or any part thereof, occupying the front one hundred (100) feet, or any part thereof, of such lot shall have a side yard of not less than six (6) feet. , r! 4. CORNER LOTS. NO.:buUding or other structure shall be erected or permitted on a corner lot which is less than twenty-five (25) feet (fifteen [15J feet in Tracts No. 10725, 13367, 14626, l5285 and 16920) at any point from the side street property line. 5. TREES. No living tree larger than six (6) inches in diameter 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, wall or fence, or the materials of any structure, wall or fence, which remains exposed, shall be compatible with materials of other' structures on the same lot and with other structures in the neighborhood. -2- 4335 7. EXTERNAL BUILDING APPEARANCE. The appearance of any structure, wall or fence shall be compatible with existing structures, walls or fences in the neighborhood. 8. GARAGES. All garages shall be incorporated ,as an integral, part of the main structure and physically attached thereto. 9. APPROVAL OF COMMITTEE REQUIRED. No structure, wall or fence shall be erected unless working drawings and specifications' for erection of the structure, showing the precise location on the lot of the structure, wall or fence, have been submitted to and approved by the Committee. No structure, wall or fence shall be erected except in exact conformace with the working drawings and specifications approved by the Committee. The provisions of this condition shall not apply if the Committee does not qualify as hereinafter provided, nor if the drawings are for work inside ~ building which does not substantially change the external appearance of the building. lO . ARCHITECTURAL REVIEW AND 'AREA PLANNING COMMITTEE. There exists in the said area a committee knows as the Architectural Review and Area Planning Committee. The Committee shall be qualified, at any time, to tra'nsact business and exercise any powers herein" conferred only if the following requirements exist. (a) A formally organized property owners' organiza- 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 by-laws adopted and subject to amendment by the affirmative vote of said majority. (c) Said by-laws provide for appointment of such owners, only, to the Committee. (d) Owners have been appointed to the Committee in accordance with the by-laws. -3- 4335 (e) A copy of the by-laws 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 organiza- tion 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 decision of the Committee are maintained and exemplified copies thereof filed with the Planning Department. Each matter referred to the Committee shall be assigned an identifying number. Any denial of approval shall be accompanied by detailed findings of the reasons of the Committee for its disapproval. (g) Notice of any action taken by the Committee in denying or approving working drawings and specifications shall be filed within twenty-four (24) hours of such action with the Planning Department and posted on the bulletin board outside the City Council Chambers in the Arcadia City Hall. A copy of the notice shall be mailed to the applicant within said twenty-four (24) hour period. (h) It shall be the responsibility of the Committee members to maintain liaison with the City officials at all times. (i) All meetings of the Committee shall be open to the public in accordance with the Ralph M. Brown Act. 11. POWERS OF THE COMMITTEE. The Committee shall have the power to: (a) Determine and approve an appropriate front yard pursuant to Condition 2, above. -4- 4335 (b) Determine whether materials and appearance are compatible in accordance with the above conditions and based upon such determination deny or approve the working drawings and specifications. (c) If a grading plan is required for a building permit for a structure, the Committee may require such plan to be submitted with the working drawings and specifications, (d) Any of the conditions set forth in Conditions 1 through 8, above, may be made less restrictive by the Committee if the Committee determines that such action will foster the development of a lot and will not adversely affect the amenities of the ad~acent lots and the general neighborhood; provided, (l) 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 sixty-five (65) feet of the property line of said lot shall be notified by the Committee in writing seventy-two (72) hours before any hearing where the Committee acts under this subdivision. (e) The Committee shall have the power to estab- lish rules for the purpose of exercising its duties. Copies of such rules shall be kept on file with the Secretary of the Association and the City Clerk. l2. LIMIT ON COMMITTEE'S POWER. The Committee shall not have the power to waive any regulations in the Code pertaining to the basic zone of the property in said area. 13. APPEAL. Any property owner in said area may appeal the decision of the Committee by follow,ing the procedures for a Modification as prescribed by the Arcadia Municipal Code, provided a letter of appeal is filed with the, Planning Department within ten -5- 4335 (10) days after the decision, of the Committee is posted in accordance with Condition 10 (g), above. Any officer of the City, member of the City Councilor Planning Commission may institute such an appeal by filing a request with the Modification Committee. l4. STANDARDS FOR COMMITTEE DECISION AND APPEALS. The Committee and any body hearing an appeal from the Committee'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 features of any particular structure, building or fence, except to the extent necessary to establish contemporarily accepted standards of harmony and compatibility acceptable to the Committee or the body hearing an appeal. (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 good relationship between adjacent front yards increases the value of properties and makes the use of both properties more enjoyable. (d) A poorly designed external appearance of a , structure can be detrimental to the amenities and value of adjacent property and ~eighborhood. 15. TIME FOR THE COMMITTEE TO ACT. The Committee shall hear any request for a review of working drawings and specifications within thirty (30) days from the date such request is filed with the Committee and shall render a decision in writing in accordance with -6- 4335 this resolution within ten (lO) days of such hearing; failure to take action in said time shall, at the end of the ten (lO) day period, be deemed an approval of the working drawings and specifica- tions. Any property owner in said area may appeal the action of the Committee by following the procedure set forth in Section l3, hereof. SECTION 3. The City Council finds and determines that the public health, safety and general welfare require the adoption of this resolution. SECTION 4. 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 held on the 15th day of May, 1973, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Butterworth, Hage, Helms, Scott and Arth NOES: None ABSENT: None ~~~~~~ ity erk 0 he ity of Arca ia SIGNED AND APPROVED this 15th day of May , 1973. (j, ~;kJ- a--er- Mayor of the City of -rcadia ATTEST, L t/i~~ ~ /?L~/ i Y ler (SEAL) -7- 4335