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RESOLUTION NO. 5289
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA DETERMINING AND
AMENDING REGULATIONS APPLICABLE TO
REAL PROPERTY IN THE HIGHLAND 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 hereby repeals Resolution No.
4335, and adopts the following resolution pursuant to Ordinance No.
1479, for the property described in Exhibit A, attached hereto.
To implement the regulations applicable to the real property
within the Highland Home Owners Association D Architectural Design Zone
area, the Architectural Review and Area Planning Committee is
established and is hereinafter referred to as the "Committee".
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.
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
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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 1,600 square feet of ground floor
area if one story in height, or 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 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. FRONT YARD. 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 Committee 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. 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.
4. CORNER LOTS. No building or other structure shall be erected
or permitted on a corner lot which is less than twenty-five (25) feet,
(except fifteen [15] feet in Tracts No. 10725, 13367, 14626, 15285, and
16920) at any point from the side street property line.
5. GARAGES. All garages shall be incorporated as an integral
part of the main structure and physically attached thereto.
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6. 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
Committee. 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.
7. 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.
8. EXTERIOR BUILDING APPEARANCE. The appearance of any
structure, including roof, wallar fence shall be compatible with
existing structures, roofing, walls or fences in the neighborhood.
9. APPROVAL OF COMMITTEE REQUIRED. No structure, roof, wall or
fence gre@ter than two (2) feet above the lowest adjacent grade, shall
be erected, placed or replaced unless approved by the Committee.
Plans for the erection, placement, or replacement of any
structure, roof, wall or fence, showing the precise location on the lot
of the stcucture, wallar fence, shall be submitted to the Committee.
No structure, roof, wall or fence shall be erected, placed or
replaced except in exact conformance with the plans approved by the
Committee.
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Jf necessary to properly consider any application, the Committee
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.
10. ARCHITECTURAL REVIEW AND AREA PLANNING COMMITTEE. The
Committee 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 Committee.
c. Said by-laws provide for appointment of property owners, only,
to the Committee.
d. Owners have been appointed to the Committee 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 Committee 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 Committee shall be maintained by the Committee.
Any decision by the Committee shall be accompanied by specific
findings setting forth the reasons for the Committee's decision.
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Any decision by the Committee shall be made by a majority of the
entire membership of the Committee, and such decision shall be rendered
by the Committee members who considered the application.
A copy of the Committee's findings and decision shall be mailed to
the applicant within three (3) working days of the Committee's decision.
h. All meetings of the Committee shall be open to the public in
accordance with the Ralph M. Brown Act (California Open Meeting Law).
11. POWERS OF THE COMMITTEE. The Committee 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 7 & 8 of Section 3.
c. If a grading plan is required for a building permit for a
structure, the Committee may require such plan to be submitted along
with the building plans.
d. Any of the conditions set forth in Conditions 1 through 6 of
Section 3, 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 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 Committee 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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12. SHORT REVIEW PROCESS PROCEDURE.
a. The Short Review Process may be used by the Committee for the
review of applications for modifications to the requirements set forth
in Conditions 1 through 6 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 Committee is not required to hold a noticed, .scheduled
meeting for the consideration of a Short Review Process Application.
c. The Committee Chairman or another Committee member designated
by the Committee 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 Committee; 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 Committee may determine which requirements set forth in
Contitions 1 through 6 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 writing
with the City Clerk and the Director of Planning.
13. REGULAR REVIEW PROCESS PROCEDURES.
a. The Regular Review Process shall be used by the Committee for
the review of the Conditions 1 through 6 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
applic~tions to those Conditions 1 through 6 of Section 3, which the
Committee has determined are not appropriate for the Short Review
Process pursuant to the above.
c. The Committee is required to hold a noticed, scheduled meeting
for the consideration of a Regular Review Process Application.
d. Notice of the Committee'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 Committee 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 Committee 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.
d. Any decision by the Committee shall be made by a majority of
the entire membership of the Committee, and such decision shall be
rendered by the Committee members who considered the application.
e. The Committee 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 Committee; 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.
14. EXPIRATION OF COMMITTEE'S APPROVAL. If for a period of one
(1) year from date of approval, any project for which plans have been.
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approved by the Comittee, has been unused, abandoned or discontinued,
said approval shall become null and void and of no effect.
15. 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. The Committee may, however, make a
recommendation to the City agency, which will be considering any such
waiver request, regarding waiving such regulations.
16. APPEAL. Appeals from the Committee 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
Committee'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 Committee's
decision, such appeal shall be processed by the Planning Department in
accordance with the same procedures applicable to appeals from the
Modification Committee.
17. STANDARDS FOR COMMITTEE DECISIONS 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, fence, wall or roof, except to the extent necessary to
establish contemporary accepted standards of harmony and compatibility
acceptable to the Committee or the body hearing an appeal in order to
avoid that which is excessive, garish, and substantially unrelated to
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the neighborhood. ( pertains to Conditions Nos. 7 & 8 of Section 3 of
this 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. 7 & 8 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 amenities and value of
adjacent property and neighborhood. (pertains to Conditions Nos. 7 & 8
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 ard 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
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deterioration, blight, and unattractiveness all of which can have a
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.
~kt~<&~
Mayor of the City of Arcadia
~~~
L~
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. 5289 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
~Z;~
City Clerk of the City of Arcadia
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EXHIBIT A
That property bounded on the south by the southern boundaries of the
Highland Oaks School, Lot 59 of Tract No. 16920 and Lot 83 of Tract No.
15285; on the west by the centerline 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.