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HomeMy WebLinkAbout4020 RESOLUTION NO. 4020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING AND ESTABLISHING REGULATIONS APPLICABLE TO REAL PROPERTY IN THE RANCHO SANTA ANITA AREA AND IN THE AREA BETWEEN THE TURF CLUB AND COLORADO STREET 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. 1389. 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 1400 square feet of ground floor area if one story in height, and not less than 1000 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 dwell- ing, patio, basement, or cellar shall not be considered in computing the square footage contained in any such building. The minimum re- qui red floor area shall be deemed to include the area measured from the outer faces of exterior walls. -1- 4020 2. FRONT YARD. If a dwelling with a larger front yard than the minimum required by the R-O 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. A lot with a building, or any part thereof, occupying the front one hundred feet, or any part thereof, of such lot shall have a side yard of not less than ten feet. 4. 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. 5. 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. 6. EXTERNAL BUILDING APPEARANCE. The appearance of any structure, wall, or fence shall be compatible with existing struc- tures, walls, or fences in the neighborhood. 7. ANIMALS. Wild animals, sheep, hogs, goats, bees, cows, horses, mules, poultry, or rabbits shall not be permitted or kept. 8. APPROVAL OF BOARD REQUIREDo 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 -2- 4020 erected except in exact conformance with the working drawings and specifications approved by the Board. The provisions of this condi- tion 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 substantially change the external appearance of the building. 9. ARCHITECTURAL REVIEW BOARD. There exists in the 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. (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 -3- 4020 maintained and are open at reasonable times to the inspection of the public. Each matter re- ferred to the Board shall be assigned an iden- tifying number. Any denial of approval shall be accompanied by detailed 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. 10. POWERS OF THE BOARD. The Board shall have the power to: (a) Determine and approve an appropriate front yard pursuant to condition 2, above. (b) Determine whether materials and appear- ance 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 Board may require such plan to be submitted with the work- ing drawings and specifications. (d) Any of the conditions set forth in con- ditions 1 through 8, 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; -4- 4020 provided (1) 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 feet of the property line of said lot shall be notified by the Board in writing 72 hours before any hearing where the Board acts under this subdivision. 11. 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. 12. APPEAL. Any property owner in said area may appeal the decision of the Architectural Review Board by following the pro- cedures 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 9(g), above. Any officer of the City, member of the City Councilor Planning Commis- sion may institute such an appeal by filing a request with the Modification Committee. The provisions of this condition shall not apply to working drawings and specifications for work inside a building which does not substantially affect the external appearance of the building. 13. 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 individual initiative is stifled in creating the appearance of external features of any -5- 4020 particular structure, building, or fence, except to the extent necessary to establish 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 relationship of such principles to adjacent struc- tures, 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. 14. TIME FOR THE BOARD TO ACT. The Board shall hear any request 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 resolu- tion 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 dis- approval 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 Section 5, hereof, 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 12,500 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 -6- 4020 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 7, 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 7, above, and review by the Architectural Review Board, provided herein, will 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: -7- 4020 Area #1 - Beginning at a point on the easterly line of Michillinda Avenue, said point being the southwesterly corner of Lot 36, Tract No. 15928; thence easterly along the southerly boundary of said Tract No. 15928 and Tract No. 14428 to a point which is the northwesterly corner of Lot 12, Tract No. 15960; thence southerly along the westerly line of said Lot 12 and its prolongation thereof to its inter- section with the center line of De Anza Place; thence southerly and easterly along said center line to its intersection with the center line of Altura Road; thence southerly along said center line to its intersection with the center line of Hugo Reid Drive; thence easterly along said center line to its intersection with the center line of Golden West Avenue; thence northwesterly along said center line to its intersection with the center line of Tallac Drive; thence easterly along said center line to its intersection with the easterly line of Tract No. 13312; thence northerly and easterly along the easterly and southerly boundary of said tract to the south- easterly corner of Lot No.1 of said tract; thence northerly along the easterly line of said Lot No.1 to its intersection with the easterly line of Golden West Avenue; thence northerly along said easterly line to its intersection with the southerly line of Vaquero Road; thence easterly along said southerly line to its intersection with the easterly terminus line of said Vaquero Road; thence northerly along said easterly line to its intersection with the southerly line of Lot 17 of Tract No. 11215; thence easterly along said southerly line to its intersection with the easterly line of aforementioned Tract No. 11215; thence northerly along said easterly line and its prolongation thereof to its intersection with the center line of Colorado Street; thence westerly along said center line to its intersection with the center line of Altura Road; thence southerly along said center line to its intersection with the easterly prolongation of the northerly line of Tract No. 17430; thence westerly along said northerly line to its intersection with the easterly line of Michillinda Avenue; thence southerly along said easterly line to the point of beginning, said point being the southwesterly corner of Lot 36 of Tract No. 15928; Area #2 - Beginning at the northwesterly corner of Lot No. 62, Tract No. 12786; thence southerly along the westerly line of said Lot and its pro- longation thereof to its intersection with the center line of Hugo Reid Drive; thence easterly along said center line to its intersection with the southerly prolongation of the easterly line of Tract No. 14460; thence northerly along said R 4020 easterly line to its intersection with the northerly line of said tract; thence westerly along said northerly line to its intersection with the westerly line of said Tract No. 14460; thence southwesterly along said westerly line, and its southwesterly prolongation thereof, to its intersection with the northeasterly corner of Lot No. 61 of Tract No. 12786; thence westerly along the northerly line of said tract to the point of beginning, said point being the northwesterly corner of Lot 62, Tract No. 12786; Area #3 - All properties within that area bounded on the west by Baldwin Avenue, on the north and east by Colorado street and on the south by the southerly tract boundaries of Tract Nos. 14940 and 15318. R 4020 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 portion 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 $;~~~21~~ Clty Clerk of the City of Arcadia ,........--- -,-:, ",-,~ -_' -=;.....---~r _:.- ,_,- ~- .. ~o#'_ /'"'0. - Y r' 6~~68 M or of the City 0 Ar dia SIGNED AND APPROVED this ~o AT~,~ ~~ .......~---- ..:-,,:-.. '- .....-...-...." (SEAL) ~ '':':-~ C\ r' -8- 4020