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HomeMy WebLinkAbout5289 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 1 5289 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. 2 5289 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. 3 5289 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. 4 5289 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. 5 5289 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. . 6 5289 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. 7 5289 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 8 5289 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 9 5289 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. 10 5289 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 11 5289 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.