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HomeMy WebLinkAbout4019 RESOLUTION NOo 4019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING AND ESTABLISHING REGULATIONS APPLICABLE TO REAL PROPERTY IN THE SANTA ANITA VILLAGE AREA UPON ITS RECLASSIFICATION 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 has concurrently with the adoption of this resolution reclassified in Zone D, Architectural Design, property in a certain area of the City of Arcadia hereinafter more particularly described. Said reclassification was enacted pur- suant to Ordinance No. 1388. SECTION 2. In order that buildings, 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 prop- erty, 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: 1. FLOOR AREA. No one-family dwelling shall be erected or permitted which contains less than 1200 square feet of ground floor area if one story in height, or 1300 square feet of floor area if two stories in height, at least 900 square feet of which must be ground floor area. 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 exterior walls. -1- 4019 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 Board, hereinafter established, and hereafter referred to as the "Board," 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. The side yard of interior lots shall be a minimum of five feet for a one-story building. However, in the case of a new building that is two stories, side yards shall be ten feet. A second story addition shall be set back ten feet from the side lot line. 4. GARAGE. A carport or garage not connected with a dwelling, as an integral part thereof, shall not be located less than 90 feet from the front property line. 5. GARAGE, CORNER. On a corner lot, a separate garage, which is not an integral part of the dwelling thereon, shall not be placed or maintained less than 25 feet, at any point, from the side street property line. 6. FRONT OF DWELLING. Any dwelling placed or maintained on any lot shall face the front line thereof. 7. TREES. No native tree larger than 6 inches in dia- meter shall be cut down, killed, or removed in any manner whatso- ever without first securing the written permission of the Board. 8. ANIMALS. Wild animals, sheep, hogs, goats, bees, cows, horses, mules, poultry, or rabbits shall not be permitted or kept. 9. WALLS. FENCES. HEDGES. All walls, fences, and hedges shall be maintained in good condition and shall not exceed three feet in height in the front yard, nor six feet elsewhere. -2- 4019 10. COMPATIBILITY OF 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. 11. EXTERNAL BUILDING APPEARANCE. The appearance of any structure, wall, or fence shall be compatible with existing struc- tures, walls, or fences in the neighborhood. 12. APPROVAL OF BOARD 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 Board. No structure, wall, or fence shall be erected except in exact conformance with the working drawings and specifica- tions approved by the Board. The provisions of this condition shall not apply if the Board does not qualify as hereinafter provided, nor if the drawings are for work inside a building which does not sub- stantially change the external appearance of the building. 13. ARCHITECTURAL REVIEW BOARD. There exists in said area a board known as the Architectural Review Board. The Board shall be qualified, at any time, to transact business and exercise any powers herein conferred only if the following requirements exist: (a) A formally organized property owners organization 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 Board. -3- 4019 to: (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 Planning Director, together with a list of the lots and owners thereof which constitute said majority; said organization 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 decisions of the Board are maintained and are open at reasonable times to the inspection of the public. Each matter referred to the Board shall be assigned an identifying number. Any denial of approval shall be accompanied by de- tailed findings of the reasons of the Board for its disapproval. (g) Notice of any action taken by the Board in denying or approving working drawings and speci- fications shall be filed, within 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. 14. POWERS OF THE BOARD. The Board shall have the power (a) Determine and approve an appropriate front yard pursuant to condition 2, above. (b) Determine whether materials and appearance are compatible in accordance with the above conditions -4- 4019 and based upon such determination deny or approve the working drawings and specifications. (c) If a grading plan is required for a build- ing permit for a structure, the Board may require such plan to be submitted with the working drawings and specifications. (d) Any of the conditions set forth in sections 1 to 11, above, 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 amenities of the adjacent lots and the general neighborhood; provided (1) the owner or owners of abutting lots and (2) in the case of decisions af- fecting front yards and corner side yards, owners of property within sixty-five feet of the property line of said lot shall be notified by the Board in writing 72 hours before the hearing where the Board acts under this subdivision. 15. 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. 16. APPEAL. Any property owner in said area may appeal the decision of the Architectural Review Board by following the procedures for a Modification as prescribed by the Arcadia Municipal Code, provided a letter of appeal is filed with the Planning Depart- ment within ten days after the decision of the Architectural Review Board is posted in accordance with condition 13 (g), above. Any officer of the City, member of the City Councilor Planning Com- mission may institute such an appeal by filing a request with the -5- 4019 Modification Committee. The provisions of this condition shall not apply to working drawings and specifications for work inside a build- ing which does not substantially change the external appearance of the building. 17. STANDARDS FOR BOARD DECISION 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 indi- vidual initiative is stifled in creating the appearance of external features of any particular structure, build- ing, or fence, except to the extent necessary to es- tablish contemporarily accepted standards of harmony and compatibility. (b) Good architectural character is based upon the principles of harmony and proportion in the elements of the structure as well as the rela- tionship 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 neighborhood. 18. TIME FOR BOARD TO ACT. The Board shall hear any re- quest for a review of working drawings and specifications within. thirty days from the date such request is filed with the Board and shall render a decision in writing in accordance with this resolution r -0- 4019 within ten days of such hearing; failure to take action in said time shall, at the end of said ten-day period, be deemed a disap- proval of the working drawings and specifications. Any property owner in said area may appeal the action of the Board by following the procedure set forth in condition 16, above. SECTION 3. The City Council finds and determines: 1. The area referred to herein is presently substantially, fully developed with one-family dwellings on lots containing 7,500 square feet, or more; that all of the property within said area was improved and for many years has been maintained subject to review by an architectural review board and subject to restrictive covenants similar to the restrictions set forth in conditions 1 through 11, above; said covenants applied to, and said board operated in, said area hereinafter described. 2. That the dwellings in said area were and are constructed in an orderly, harmonious manner and at the present time the appear- ance of each dwelling, including walls, fences, accessory buildings, separate garages, and landscaping, is harmonious and compatible in all respects with all other dwellings in the area; each dwelling, together with accessories and landscaping, has been and is main- tained in a first class condition. 2a. That those provisions of said restrictive covenants, which are substantially the same as conditions 1 through 11, above, together with the operations of said architectural review board, have caused the conditions to exist which are set forth in finding number 2, above. 3. That the application of conditions 1 through 11, above, and review by the Architectural Review Board, provided herein, will -7- 4019 benefit said area and the City of Arcadia, generally, by maintaining the economic viability of said area. 4. That the health, safety, and general welfare of the people of Arcadia and good zoning practice require the adoption of this resolution, 5. That the conditions found to exist in findings number 1 and 2, above, have substantially contributed to making this area desirable for family residential purposes. 6. That the purpose of the provisions of this resolution are to secure, maintain, and perpetuate the determinations and find- ings expressed in findings number 1, 2, 3 and 4, above; that said provisions will maintain and perpetuate said conditions. The property in that certain area referred to in Section 1 hereinabove is described as follows: -8- 4019 Beginning at a point on the easterly line of Michillinda Avenue, said point being the south- westerly corner of Lot 36, Tract 15928; thence easterly along the southerly boundary of Tract 15928 and Tract 14428 to a point on said southerly line, said point being the northwesterly corner of Lot 12, Tract 15960, thence southerly along the westerly line of said Lot 12 and its prolongation thereof to its intersection with the centerline of De Anza Place; thence southerly and easterly along said centerline to its intersection with the cen- terline of Altura Road; thence southerly along said centerline to its intersection with the centerline of Hugo Reid Drive; thence easterly along said centerline to its intersection with the centerline of Golden West Avenue; thence northwesterly along said centerline to its intersection with the centerline of Tallac Drive; thence easterly along said centerline to its intersection with the easterly line of Tract 13312; thence southerly along the easterly and northerly lines of Lots 11 through 19 of said tract to the northeasterly cor- ner of said Lot 19; thence easterly along the easterly prolongation of the northerly line of said Lot 19 to its intersection with the north- westerly corner of Lot 74, Tract 12786; thence easterly along the northerly line of said tract to the northwesterly corner of Lot 62 of said Tract 12786; thence southerly along the westerly line of said lot and its prolongation thereof to its intersection with the centerline of Hugo Reid Drive; thence easterly along said centerline to its intersection with the northeasterly prolonga- tion of the easterly line of Tract No. 12786; thence southerly along said easterly line and also the easterly line of Tract No. 12104 to the southeast corner of Lot 129 of said Tract 12104; thence westerly along the southerly lines of Tract No. 12104, Tract 11688, and Tract No. 11932 and its westerly prolongation to its intersection with the centerline of Cortez Road; thence northerly along said centerline to its intersection with the centerline a distance of 150' more or less to a point; thence northerly to a point on the northerly line of P(r~ola Drive, said point being 140' westerly from the northwesterly corner of Portola Drive and Cortez Road; thence northerly to the southwest cor- ner of Lot 28, Tract 11932; thence northerly along the westerly line of said tract and its prolongation thereof to its intersection with the centerline of Balboa Drive; thence westerly along said centerline to its intersection with the centerline of Sunset Blvd.; thence northwesterly along said centerline to its intersection with the southerly prolongation of the easterly line of Michillinda Avenue; thence northerly along said easterly line to the point of beginning, said point being the southwesterly cor- ner of Lot 36, Tract No. 15928. ..' SECTION 4. 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 por- tion thereof irrespective of the fact that anyone or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid. SECTION 5. 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 6th day of August , 1968, by the affirmative vote of at least three Councilmen: AYES: Councilmen Arth, Butterworth, Considine, Helms and Hage NOES: None ABSENT: None e& -- .~~ Ci~ he City of 'rcadia SIGNED AND APPROVED this 6th day of August ,1968, ATTEST: City Clerk (SEAL) , - ~ ~ -9- 4019 -, . - '-'\. -~'" . :...... .",- _.-