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HomeMy WebLinkAboutItem 13b - Amending HOA Boundary MapAn Amendment to Resolution No. 7272 – Highlands HOA June 15, 2021 Page 1 of 8 DATE: June 15, 2021 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa L. Flores, Planning & Community Development Administrator By: Edwin Arreola, Assistant Planner SUBJECT: RESOLUTION NO. 7367 - AN AMENDMENT TO RESOLUTION NO. 7272 RELATED TO THE ARCADIA HIGHLANDS HOMEOWNERS’ ASSOCIATION (“HIGHLANDS”) BOUNDARY DESCRIPTION UNDER EXHIBIT A Recommendation: Adopt SUMMARY The proposed Amendment to Resolution No. 7272 is to update the boundary description of the Arcadia Highlands Homeowners’ Association (“Highlands”), one of the City’s five designated Homeowners’ Associations (“HOA”), to be consistent with the HOA map. It is recommended that the City Council find that this Amendment is not a project per the California Environmental Quality Act (“CEQA”) and adopt Resolution No. 7367 amending Resolution No. 7272 (refer to Attachment No. 1) that updates the Highlands HOA boundary description to include properties that were omitted in previous Resolutions for this HOA. BACKGROUND The City Council first adopted Ordinance No. 1479 and Resolution No. 4335 to add an Architectural Design Overlay zone to the Highlands (also referred to as Highland Oaks) in 1973. This established a specific boundary to properties within the Highlands and created design review regulations for any new construction on those residential properties. It also established an Architectural Review and Area Planning Committee, which had the authority to review and approve projects within the Highlands. The boundary for the Highlands under Resolution No. 4335 was described as follows: “That property bounded on the south by the southern boundaries of the Highland Oaks School, Lot 59 of Tract 16920 and Lot 83 of Tract 15285; An Amendment to Resolution No. 7272 – Highlands HOA June 15, 2021 Page 2 of 8 on the west by the center line 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.” No map was provided with the description under this Resolution and Ordinance, however, Figure 1 below shows the boundaries as described under Resolution No. 4335. Figure 1 – Highlands Boundary Area under Resolution No. 4335 - Boundary Resolution No. 4335 was later replaced with Resolution No. 5289 in 1986. At the same City Council meeting, Resolutions for four other HOAs in the City of Arcadia were adopted, and all five of them became designated City HOAs. Resolution No. 5289 also updated the design review regulations and created a review process and authority for Architectural Review Boards (“ARB”) in the HOAs. Although five separate Resolutions were adopted for each of the HOAs, the conditions for each Resolution were similar. Elkins Ave Virginia Dr An Amendment to Resolution No. 7272 – Highlands HOA June 15, 2021 Page 3 of 8 Despite the updates, the boundary for the Highlands remained the same from the previous resolution. In March of 1994, the Highlands HOA Board of Directors voted to amend the boundary of the Highlands area to include properties bounded by Virginia Avenue on the north, Santa Anita on the west, Highland Oaks on the east extending to the east end of Sycamore and to the commercial properties on the south fronting on Foothill Boulevard (see Figure 2 below). Over 60% of the homeowners within this bounded area signed a petition in support of joining the Highland Oaks Homeowners Association. This process excluded the properties located at 307 E. Foothill, A, B, C, and D, 1500 to 1538 and 1503 to 1537 Highland Oaks Drive (Tract 15073), and 1501 Highland Oaks Drive. In September of 1994, the City Council adopted Ordinance No. 2021 and Resolution No. 5818 amending the Highlands boundary as set forth in Resolution No. 5289 to include the additional properties, as listed below: “The single family zoned properties bounded by Virginia Avenue on the north, Santa Anita on the west, Highland Oaks on the east extending to the east end of Sycamore and to the commercial properties on the south fronting on Foothill Boulevard. Excluding the properties located at 307 A, B, C, and D Foothill Boulevard, 1500 to 1538 and 1503 to 1537 Highland Oaks Drive (Tract 15073), and 1501 Highland Oaks Drive. North and south side of Yorkshire Drive east of Santa Anita – 3-12 East Yorkshire Drive East and west side of Marendale Lane east of Santa Anita – 1521-1541 and 1520-1548 Marendale Lane North and south side of Ontare Road east of Santa Anita – 5-85 and 4-94 Ontare Road North side of Orange Grove east of Santa Anita – 5-61 Orange Grove North and south side of Woodland Avenue east of Santa Anita – 55 and 46 Woodland North and south side of Sycamore Avenue east of Santa Anita – 135-149 and 130-314 Sycamore East and west side of Oakwood Drive north of Foothill – 1115-1343 and 1112-1342 Oakwood Drive East and west side of Highland Oaks Drive north of Foothill – 1121-1537 and 1116-1538 Highland Oaks Drive An Amendment to Resolution No. 7272 – Highlands HOA June 15, 2021 Page 4 of 8 East and west side of Oakglen Avenue north of Sycamore – 1201-1291 and 1200-1292 Oakglen Avenue West side of Oakhaven Road north of Sycamore – 1209-1223 Oakhaven Road East and west side of Oakhaven Lane north of Sycamore – 1235-1261 and 1240-1300 Oakhaven Lane” Figure 2 – Boundary Area Added Under Ordinance No. 2021 Properties Included - Properties Excluded - The Architectural Design Overlay (“D”) Zone was also added to these properties to be consistent with the rest under this Overlay. The regulations for the Highlands set forth in Resolution No. 5289 remained in effect despite the changes to the boundary. Although Foothill Blvd Sycamore Ave Orange Grove Ave An Amendment to Resolution No. 7272 – Highlands HOA June 15, 2021 Page 5 of 8 Exhibit A of Ordinance No. 2021 specifically listed the streets and addresses of those properties that were added to the Highland Oaks HOA, Exhibit A of Resolution No. 5818 boundary description was more of a general description. Refer to the description below: “The area north of the commercial properties fronting on Foothill Boulevard, south of the northerly City limit, east of Santa Anita Avenue, west of the Los Angeles County Flood Control District property, extending to the east end of Sycamore Avenue. Excluding those properties located in Tract 15073 (1500 to 1538 & 1503 to 1537 Highland Oaks Drive) and 1501 Highland Oaks Drive and 307A, 307B, 307C & 307D East Foothill Boulevard.” After many years without any updates to the Resolutions, the City Council later adopted Resolution No. 6770 in 2012 which replaced the five existing Resolutions for each of the HOAs, with one joint Resolution. The purpose of this joint Resolution was to ensure consistency with all five HOAs in terms of their design standards and regulations, and to establish a consolidated review process for all of the ARBs. The Resolution provided a single map that shows all the existing boundaries for all five HOAs along with their boundary descriptions; however, it did not carry over the changes to the Highlands that were approved under Ordinance No. 2021 and Resolution No. 5818 in 1994. In 2019, the Resolution was updated again under Resolution No. 7272 which repealed and replaced Resolution No. 6770 when the City codified the HOA regulations into the City’s Development Code. However, prior to the adoption of Resolution No. 7272, the City was informed by the Highlands HOA that the map defining the Highlands boundaries was incorrect and missing properties located on Oakglen Avenue, Oakhaven Lane, and Oakhaven Road, as described in Ordinance No. 2021. These corrections were made on the HOA boundary map for Resolution No. 7272. However, in reviewing the description more closely after Resolution No. 7272 was adopted, the written description once again did not include the changes that were approved in 1994. DISCUSSION Due to the boundary description not being updated to accurately reflect the correct boundaries of the Highlands, there has been confusion amongst the property owners that reside on Oakglen Avenue, Oakhaven Lane, and Oakhaven Road. After comparing the current boundary description with the properties listed in Exhibit A of Ordinance No. 2021, it was determined that properties located on Oakglen Avenue, Oakhaven Lane, Oakhaven Road, and Sycamore Avenue were incorrectly excluded from the boundary description and properties located at 1112 & 1115 Highland Oaks Drive were incorrectly included (see Figure 3 below). This results in two properties being included into the HOA boundary, and 43 properties excluded from the boundary. An Amendment to Resolution No. 7272 – Highlands HOA June 15, 2021 Page 6 of 8 The boundary updates to the Highlands map under Resolution No. 7272 correctly reflect the properties in the Highlands and they correlate with properties within the Architectural Design Overlay zone on the City’s Zoning Map. However, the boundary description, as it is written, does not identify the correct boundaries and is inconsistent with the boundary map. Figure 3 – Boundary Description Amendments - Include - Exclude - Highlands HOA Since the wording for the current description does not reflect the correct boundary, it is being proposed that Resolution No. 7272 be amended to update the boundary description in Exhibit A to accurately reflect the properties located within the Highlands as follows (new text is in red type): Foothill Blvd Sycamore Ave Woodland Ave Orange Grove Ave An Amendment to Resolution No. 7272 – Highlands HOA June 15, 2021 Page 7 of 8 “The area north of the commercial properties fronting on Foothill Boulevard, south of the northerly City limit, east of Santa Anita Avenue, west of the Los Angeles County Flood Control District property (Santa Anita Wash), including residential properties located south of Sycamore Avenue and east of the Santa Anita Wash on Oakglen Avenue, Oakhaven Lane, 139 & 149 East Sycamore Avenue, and at 1209 to 1223 Oakhaven Road. Excluding those properties located in Tract 15073 (1500 to 1538 & 1503 to 1537 Highland Oaks Drive) and 1501 Highland Oaks Drive, 303, 305, 307 & 309 East Foothill Boulevard and 1112 & 1115 Highland Oaks Drive.” No additional Amendments are being proposed to Resolution No. 7272 and the current HOA regulations and processes will remain the same. ENVIRONMENTAL ANALYSIS This Amendment to Resolution No. 7272 is not considered a project under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) as the proposed amendment is to only correct the boundary description for the Highland Oaks HOA area. PUBLIC COMMENTS/NOTICE A Public Hearing Notice for this item was published in the Arcadia Weekly on June 3, 2021. As of June 10, 2021, no public comments were received on this proposed amendment. FISCAL IMPACT There is no fiscal impact associated with this Resolution. RECOMMENDATION It is recommended the City Council adopt Resolution No. 7367 amending Resolution No. 7272 related to the Arcadia Highlands Homeowners’ Association (“Highlands”) boundary map and description under Exhibit A. An Amendment to Resolution No. 7272 – Highlands HOA June 15, 2021 Page 8 of 8 Attachment No. 1: Resolution No. 7367 with Exhibit A Attachment No. 2: Resolution No. 7272 Attachment No. 3: Exhibit “A” of Resolution No. 6770, Ordinance No. 2021, Resolution No. 5818, and Exhibit “A” of Resolution No. 5289 $WWDFKPHQW1R1 Resolution1R7367 $WWDFKPHQW1R1 $WWDFKPHQW1R2 Resolution1R7272 $WWDFKPHQW1R2 RESOLUTION NO. 7272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING REGULATIONS APPLICABLE TO PROPERTIES IN THE FIVE (5) SINGLE-FAMILY HOMEOWNERS' ASSOCIATION ARCHITECTURAL DESIGN ZONE AREAS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1.The City Council hereby repeals Resolution No. 6770 in its entirety. SECTION 2. USE OF DESIGN GUIDELINES IN HOMEOWNERS' ASSOCIATION AREAS The Arcadia General Plan stresses the importance of quality in design and the impact that site design and building form has on enhancing the visual image of Arcadia. The City's Single-Family Residential Design Guidelines, hereinafter referred to as the Design Guidelines", protects and preserves the character and quality of the City's neighborhoods by requiring harmonious design, careful planning, and integration of sustainable principles. Primary objectives associated with developing a quality project within Arcadia include designing within the established neighborhood context and relationship to the street, reinforcing neighborhood compatibility and identity, creating visually pleasing streetscape character, maintaining the visual quality of the hillside areas, incorporating high-quality architecture consistent with the neighborhood character, and reducing water use in landscape design. To implement the Design Guidelines within the five, Single-Family Homeowners' Associations that are zoned as Architectural Design Overlay Zone (zoned as "D"), Architectural Review Boards are established for each Homeowners Association and are hereinafter referred to as the "ARBs". The five Homeowners' Associations are: 1 Arcadia Highlands Home Owners Association - "Highlands" Rancho Santa Anita Property Owners Association - "Upper Rancho" Santa Anita Oaks Homeowners Association - "Oaks" Rancho Santa Anita Residents' Association - "Lower Rancho" Santa Anita Village Community Association of Arcadia - "Village" The boundaries for each Association are depicted in Exhibit "A." The ARB for each area is governed by the corresponding Homeowners' Association (HOA) Board for that area. SECTION 3. REQUIREMENTS OF THE ARBs—The ARB 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 the applicable area described in Section 2. B. The organization has adopted by-laws that authorize the establishment, appointment, duties, and authority of the ARB. C. ARB members have been appointed or elected in accordance with the by- laws of the HOA. D. A copy of the by-laws and any amendments thereto must be on file with the City Clerk. E. The ARB shall designate a Custodian of Records who shall maintain said records and make them available for public review upon reasonable request. F. Permanent written records of the meetings, findings, actions, and decisions of the ARB shall be maintained by the ARB and a copy shall be provided to the City. These documents shall be retained in accordance with the City's records retention 2 policies. In particular, minutes shall be made for each meeting of the ARB, and all minutes shall be filed with the City Clerk's office within fifteen (15) calendar days following the approval of minutes by the ARB. G. Only ARB members present at the meeting can participate in making the decision. H. Any decision by the ARB shall be made by a majority of the entire membership of the ARB present, and only the ARB members who considered the application shall render the decision. I. All meetings of the ARB shall be open to the public in accordance with the Ralph M. Brown Act (California Open Meeting Law). All aspects of the Brown Act shall be adhered to by members of the ARB. This includes, but is not limited to, proper posting of meeting agendas, noticing requirements, no discussion of matters outside of public meetings, etc. J. When required by the City of Arcadia, ARB members shall participate in additional training prior to making decisions during ARB meetings or on Short Review applications. K. After notice and a reasonable period has been provided, failure to comply with the above mentioned requirements may result in the powers of the ARB to be rescinded and granted to the City of Arcadia until such a time that the ARB demonstrates compliance with these requirements. SECTION 4. AUTHORITY AND RESPONSIBILITY OF THE ARBs A. In order to protect and preserve the character and quality of the single- family neighborhoods and to protect the property values and architectural character of 3 such residential environments in those portions of the City in which the residents have formed a HOA, the below standards are hereby imposed upon all properties within said areas pursuant to the zoning regulations of the Arcadia Development Code: 1. ARCHITECTURAL DESIGN REVIEW PROCESS — To accomplish the purposes set forth in this section there are hereby established the following authority and responsibilities in which said associations may exercise the design review process. The Homeowners' Associations shall adhere to and apply the Design Guidelines as well as this Resolution during the Design Review Process. i. Review and approval by the ARB shall be required prior to the construction of new structures, additions, alterations, or other façade improvements to existing structures, new or modified fences or walls visible from the public rights-of-way, or modifications to landscaping visible from the public rights-of-way, as stated in Division 7 of the Development Code. ii. It is determined that each building or structure, and its landscaping, hardscape, fencing and walls on properties within each HOA area should exhibit a consistent and cohesive architectural style, and be harmonious and compatible with other neighborhood structures in terms of architectural style, scale, visual massing, height, width, length, and setbacks in relationship to site contours and architectural elements such as texture, color and building materials. To promote harmony and compatibility is not to promote sameness, uniformity, a specific architectural style, or a certain time period. It is acknowledged that architecture (and neighborhoods in general) evolve and change over time and this will be considered through the review process. 4 iii. Pursuant to Arcadia Municipal Code Chapter IX, of the Development Code, and the specified review process, the ARB shall apply the Design Guidelines that were established by Resolution of the Council to 1) determine the appropriate site planning, massing, scale, setbacks, architectural design, and exterior appearance of a proposed project; 2) determine whether the exterior appearance of the proposed project is compatible with the neighborhood; and 3) mitigate potential impacts a proposed project may have on adjacent properties. The Design Guidelines are intended to be used to generally influence the design of the single-family development, and the exterior alterations or re-development of land uses. The Design Guidelines should be used as a starting point for the creative design process and should not be looked upon as the only solution for the design. 2. SITE PLANNING AND NEIGHBORHOOD CONTEXT — The Design Guidelines encourage the location, configuration, size, bulk, mass, and design of new buildings and structures, or the alteration or enlargement of existing structures, to be visually harmonious with their respective sites and compatible with the character and quality of the surrounding neighborhood. Natural amenities such as views, trees, and other similar features unique to the site should be preserved and incorporated into development proposals. The proposed height and bulk of structures should respect existing structures on neighboring properties and not overwhelm them with disproportionate size and scale. In neighborhoods with an established architectural style or pattern(s), new homes or remodels should enhance the neighborhood character. The stronger the existing neighborhood pattern, the more important it is for an owner to reinforce and respect those existing patterns. 5 3. STREETSCAPE — The Design Guidelines encourage the continuation of established streetscapes that define a neighborhood or streets character. When viewed from the street, buildings and structures should blend and be harmonious with the other structures and landscaping on the street. This includes and is not limited to setbacks, structural mass and scale, height, roof forms, façades, entries, building materials that can be seen from the street. 4. ARCHITECTURAL STYLE AND EXTERIOR BUILDING APPEARANCE — The Design Guidelines encourage in neighborhoods with an established architectural style or pattern(s), that new homes, remodels, additions, alterations, and accessory structures enhance the neighborhood character. Consistency and/or complementary architectural styles should be maintained within an existing neighborhood context. A clear and distinctive architectural style should be selected and all design features, proportions, colors, materials, and detailing should be consistent with the chosen architectural style. The use of repeating colors and materials found in neighboring homes is encouraged. The Design Guidelines also encourage additions to existing homes or new accessory buildings/structures to be consistent with the architectural style and detailing of the home in terms of materials, finishes, colors, windows, doors, siding, or roof tiles, etc. Walls and fences for courtyards and the perimeter of a property should be designed in a style, material, and color that complement the residence and the overall project design. 5. PRIVACY— The Design Guidelines encourages that the potential impacts of new homes, remodels, additions, alterations, and accessory structures on adjacent properties be considered during the design review process, including impacts 6