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RESOLUTION NO. 5288
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA DETERMINING AND
AMENDING REGULATIONS APPLICABLE TO
REAL PROPERTY IN THE AREA WEST OF
BALDWIN AVENUE AND NORTH OF FOOTHILL
BOULEVARD 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 hereby repeals Resolution No.
4219, and adopts the following resolution pursuant to Ordinance No.
1439, for the property described in Exhibit A, attached hereto.
To implement the regulations applicable to the real property
within the Rancho Santa Anita Property Owners Association D
Architectural Design Zone area, the Architectural Review Board is
established and is hereinafter referred to as the "Board".
The governing body of the Board, is the Rancho Santa Anita
Property Owners Association, Inc.
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 the following
regulations and procedures in which said association may exercise plan
review authority.
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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
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. 1832:
1. FLOOR AREA. No one-family dwelling shall be erected or
permitted which contains less than 2,500 square feet of ground floor
area. 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. The minimum required floor area shall
be deemed to include the area measured from the outer faces of the
exterior walls.
2. FRONT YARD. No building or other structure shall be erected
less than forty (40) feet from the front property line. 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. REAR YARD. No building or other structure shall be erected
less than forty (40) feet from the rear property line.
4. SIDE YARD. No building or other structure shall be erected
less than fifteen (15) feet from the side yard property line.
5. CORNER LOTS. No building or other structure shall be erected
less than twenty-five (25) feet from the side street property line.
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6. fRONT OF DWELLING. Any dwelling placed or maintained on any
lot shall face the front thereof.
7. GARAGES. Any separate garage not connected to the dwelling as
an integral part thereof and located in the front 150 feet of the lot
shall be not closer to the front property line than the main structure.
8. TREES. No living oak, sycamore, liquidambar, magnolia, or
pine tree with a trunk diameter larger than six inches, measured at a
point on the tree which is not more than 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.
9. EXTERIOR BUILDING MATERIALS. Materials used on the exterior
of any structure, including roofing, 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.
10. 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.
11. APPROVAL OF BOARD REQUIRED. No structure, roof, wall or
fence greater than two (2) feet above the lowest adjacent grade, shall
be erected, placed or replaced unless approved by the Board.
Plans for the erection, placement, or replacement of any
structure, roof, wallar fence, showing the precise location on the lot
of the structure, wall or fence, shall be submitted to the Board.
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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 e~ternal appearance of the building.
12. ARCHITECTURAL REVIEW BOARD. The Board shall be empowered to
transact business and exercise powers herein conferred, only if the
following requirements exist:
a. A formally organized property owner's organization exists in
said area.
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.
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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 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).
13, 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 9 & 10 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 8 of
Section 3, 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 use and enjoyment of the adjacent lots and
the general neighborhood and would not be inconsistent with the
provisions and intent of this Resolution.
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.
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14. SHORT REVIEW PROCESS PROCEDURE.
a. The Short Review Process may be used by the Board for the
review of applications for modifications to the requirements set forth
in Conditions 1 through 8 of Section 3, provided that the application
for a Short Review Process shall be accompanied by a completed
application form which shall contain the signatures of all contiguous
property owners indicating their awareness and approval of the
application.
b. The Board is not required to hold a noticed, scheduled meeting
for the consideration of a Short Review Process Application.
c. The Board Chairman or another Board member designated by the
Board Chairman, to act in his absence, shall render his decision on a
Short Review Process application within ten (10) 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 ten (10) working day period, be
deemed an approval of the plans.
d. The Board may determine which requirements set forth in
Contitions 1 through 8 of Section 3 are not appropriate for the Short
Review Process, and therefore require the Regular Review Process for the
consideration of such Conditions. Any list of such Conditions which are
not appropriate for the Short Review Process shall be filed in writting
with the City Clerk and the Director of Planning.
15. REGULAR REVIEW PROCESS PROCEDURES.
a. The Regular Review Process shall be used by the Board for the
review of the Conditions 1 through 8 of Section 3, (elligible for Short
Review) in those cases in which the applicant failed to obtain the
signatures of approval from all of the required property owners.
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b. The Regular Review Process must be used for the review of
applications to those Conditions 1 through 8 of Section 3, which the
Board has determined are not appropriate for the Short Review Process
pursuant to the above.
c. The Board is required to hold a noticed, scheduled meeting for
the consideration of a Regular Review Process Application.
d. Notice of the Board's meeting shall be mailed, postage prepaid
to the applicant and to all property owners within one hundred feet
(100') of the subject property, not less than ten (10) calendar days
before the date of such meeting.
The applicant shall also provide the Board with the last known name and
address, of such owners as show upon the assessment rolls of the City or
of the County,
The applicant shall also provide the Board with letter size
envelopes, which are addressed to the property owners who are to receive
said notice. The applicant shall provide the proper postage on each of
said envelopes.
e. Any decision by the Board shall be made by a majority of the
entire membership of the Board, and such decision shall be rendered by
the Board members who considered the application.
f. The Board shall render it's decision on a Regular Review
Process 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.
16. EXPIRATION OF BOARD'S APPROVAL. If for a period of one (l)
year from date of approval, any project for which plans have been
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approved by the Board, has been unused, abandoned or discontinued, said
approval shall become null and void and of no effect.
17. 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 C~ty agency, which will be considering any such waiver request,
regarding waiving such regulations.
18. APPEAL. Appeals from the Board shall be made to the Planning
Commission. Said appeal shall be made in writing and delivered to the
Plann~ng Department within seven (7) working days of the Board's
decis~on 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.
19. 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:
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, fence, wall or roof, except to the extent necessary to
establish contemporary 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. 9 & 10 of Section 3 of this
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Resolution - Exterior Building Materials & Exterior Building
Appearance).
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. 9 & 10 of
Section 3 of this Resolution - Exterior Building Materials & Exterior
Building Appearance).
c. A poorly designed external appearance of a structure, wall,
fence, or roof, can be detrimental to the use and enjoyment and value of
adjacent property and neighborhood. (pertains to Conditions Nos. 9 & 10
of Section 3 of this Resolution - Exterior Building Materials & Exterior
Building Appearance).
d. A good relationship between adjacent front yards increases the
value of properties and makes the use of both properties more enjoyable.
(pertains to Condition No. 2 of Section 3 of this Resolution - Front
Yards).
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 help assure protection from
deterioration, blight, and unattractiveness all of which can have a
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negative impact on the environment of the community, effecting 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 the City'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 Resolutions
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, subsection, subdivision, sentence, clause, phrase, or
portion thereof be declared invalid.
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SECTION 6. That the City Clerk shall certify to the adoption of
this Resolution.
Passed, approved and adopted this lst day of April, 1986,
9L/0~Eald
Mayor of the City of Arcadia
ATTEST:
'Ztr
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. 5288 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 lst day of April, 1986, and that said Resolution was adopted by
the following vote, to wit:
AYES: Councilmen Gilb, Hannah, Lojeski, Young and Pellegrino
NOES : None
ABSENT: None
~~.~
City Clerk of the City of Arcadia
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EXHIBIT A
That property bounded on the south by the centerline of Foothill
Boulevard: on the west by the east line of Michillinda Avenue; on the
east by the centerline of Baldwin Avenue; and on the north by the City
limits.