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Home My WebLink About0808 " . . " . RESOLUTION NO. 808 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDING THE CLASSIFICATION OF' CERTAIN PROPERTY IN THE HIGHLAND OAKS INTO THE R-l, 10,000 AND D ZONE AND RECOMMENDING REGULATIONS FOR THE D ZONE. THE PLANNING COMMISSION OF THE CITY OF ARCADIA DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Division 3 of Part 9 of Chapter 2 of Article IX of the AI'cadia Municipal Code, the Planning Commission of the City of Arcadia on February 13, February 27 and ' March 13, 1973, held public hearings for the purpose of considerin~ 4It the reclassification of the hereinafter described property to Zone R-l, 10,000 and D, said property is 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; 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. At said public hearings, all interested persons were given full opportunity to be heard and to present evidence. Evidence was sub- mitted by interested persons and the Planning Department. SECTION 2. The Planning Commission 'recommends that the existing R-l and R-2 zoning on said property (the R-2 exists only on the Highland Oaks School) be changed to R-l, 10,0001 and D. . SECTION 3. The Planning Commission recommends to the Ci;ty Council that upon classification of said property in the D zone, the following architectural design zone conditions be imposed: 1. Floor Area. No one-family dwelling shall be erected or permitted which contains less than 1,600 square feet of ground -1- 808, 1/ . . .. . . . floor area if one story in height, and not less than 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 considere.d in computing the square footage contained in any such building. The \ minimum required floor area shall be deem~d to include the area measured from the outer faces of exterior walls. 2. Front Yard. If a dwelling with a larger front yard than the minimum required by the R-l regulations exists on a lot o~ either side of a lot proposed to be impr9ved, the Architectural Review and Area Planning Committee, hereinafter established, and hereafter referred to as the "Committee," shall have the power to require an appropriate fr9nt 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 ther~o~, occupying the front one hundred 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 (fifteen [15J feet in Tracts No. 10725, 13367, 14626, 15285 and 16920) 'at any point from the side street property line. 5. Trees. No living tree larger than six (6) inches in diameter shall be cut down, killed or removed in any manner, without first securing the written permission of the Board.. 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. 6. Exterior Building Materials. Materials used on the I exterior of any structure, wall 'or fence, or the materials of any I -2- 808 ['T- -, I . . I , . . . structure, wall or fence, which remains exposed, shall be compatibl'e \ with materials of ' other structures on the same lot and with other structures in the neighborhood. 7. External Building Appearance. The appearance of any structure, wall or fence shall be compatible with existingstructuI1es, ,walls or fences in the neighborhood. S. Garages. All garages shall pe incorporated as an integral part of the main structure and physically attached theretcj. 9. Approval of Committee Required. No structure, wall or fence shall be erected unless working drawings and specifications for erection of the structure, showing the precise location on t.he lot of the structure, wall or fence, have been submitted to and approved by the Committee. 'No structure, wall or fence shall be erected except in exact conformance with the working drawings and ' specifications approved by the Committee. The provisions of this condition shall not apply if the Committee does not qualify as hereinafter provided, nor if the drawings are ~or work inside a , I building which does not substantially change the external appearance of the building. 10. Architectural Review and Area Planning Committee. There exists in the said area a committee known as the Architectural ,Review and Area Planning Committee. The Committee 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' organiza- tion 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. -3- 80S . . . . (c) Said by-laws provide for appointment of such 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 Planning Director, together with a list of the lots and owners thereof which constitute said majority; said organiza- tion 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 decision of the Comrrlittee are maintained and are open at reasonable times to the inspection of the public. Each matter referred to the Committee shall be assigned an identifying number. Any denial of approval shall be accompanied by detailed find~ngs of the reasons of the Committee for its disapproval. (g) Notice of any action taken by the Committee in denying or approving working drawings and specifications shall be filed within twenty-four (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. (h) It shall be the responsibility of the Committee members to maintain liaison with the City officials at all times. 11. Powers of the Committee. The Committee shall have the . power to: (a) Determine and approve an appropriate front yard pursuant to Condition 2, above. -4- S08 (b) Det~ine whether materials and4l!ppearance are compatible in accordance with the above cond:i,tions . 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 Committee may require such plan to be submitted with the working drawings and specifications. (d) Any of the conditions set forth in Conditions 1 through 8, above, may be made less restrictive by the Committee if the Committee determines that such . actio.n will foster the development of a lot and will not adversely affect the ameni.ties of t;he adjacent lots and the general neighborhood; provided, (1) the o.wner or owners o.f abutting rots and (2) in the case of decisions affecting front yards and corner side yards, owners of property within sixty-five (65) feet o.f the property line of said lot shall be notified by the Committee in writing seventy-two (72) hours before any hearing where the Committee acts under this subdivisio.n: (,e.) The Committee shall have, the power to. estab- lish rules for the purpo.se o.f exerCising its duties. Copies of such rules shall be kept on fil~ with the Secretary of the Association. (f) The Committee may make a determination that it , I I. I . :. is reasonably necessary to. the performance of its duties to employ one or more experts for a reasonable fee and shall notify the applicant of its determination. The applicant Ghall then pay a fee to the Co.mmittee equal to. the actual. fee o.f such experts. 12. Limit on Committee's Power. The Co.mmittee shall not have the power to waiv~ any regulations in the Code pertaining to. the basic zo.ne o.f the property in said area. -5- 808 . . . '13. Appeal. Any property owner in said area may appeal the decision of the Committee by following the procedures for a Modification as prescribed by the Arcadia Municipal Code, provided la letter of appeal is filed with the Planning Department within ter~ (10) days after the decision of the Committee is posted in accordance with C:mdition lO.(g), above. Any officer of the City, member of the City Councilor Planning Commission may institute.such an appe~l boX fil.ing a request with the .Modificat.ion Commi.ttee. The provisions , of this condition shall not apply to working drawings and speclfi-' I I cations for work inside a building which does not substantially affect the external appearance of the building. 14. Standards for Committee Decision and Appeals. The Committee and any body hearing an appeal from the Committee's . decision shall be guided by' t.he following prin~iples: '(a) Control of,arehitectural appearance and use of material.s shall not be so exercised that individual ini~iative is stifled in creating the appearance of external feat;ures of any particular structure, 'building or fence, except to the extent necessary to establish contemporarily accepted standards of harmony and. compa.tibi,lity acceptable to the Committee.. (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. (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. -6- S08 . . . 15. Time for the Committee to Act. The Committee shall hear any request for a review of working drawings and specifications within thirty (30) days from the da.te such request is filed with the Committee and shall render a decision in writing in accordance with this resolution within ten (10) days of such hearing; failure to take action in said time shall, at the end of the ten (10) day period, be deemed a disapproval of the working drawings and specifi- cations. Any property owner in said area may appeal the action of the Committee by following the procedure set forth in Section 13, \ hereof. . SECTION 4. The public necessit~ convenience, general welfare and good zoning practice justify the proposed regulations and the zone change set forth above. SECTION 5. The Secretary shall ce~tify to the adoption of this resolution and shall cause a copy hereof to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Planning Commission held on the 2 7 ~ay of March , 1973, by the following vote: AYES: Coniinissioners Coghlan, Huddy, Perlis, Reiter . NOES: ABSTAIN: ABSENT: None Commissioners Erickson and Livingston Commissioner Lauber L0 ~~ "C. ^-~ Chairman '. ATTEST: ttJ(/~/J'~d..- Secretary -7- SoS . . . NOTICE OF PUBLIC HEARING BEFORE THE ARCADIA CITY PLANNING aJM.1ISSION Z-73-1 TO PROPERTY OWNERS WITHIN A 300-FQOT RADIUS . NOTICE IS HEREBY GIVEN that on Tuesday, February 13, 1973, at 7:30 p.m. in the Council Chambers of the City Hall, 240 West Huntington Drive, Arcadia, California, said Planning Commission will hold a public hearing for the consideration of changing the existing R-1 and R-2 zoning to R-1 & D 10,000 on '-the 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; on the west by the center line of Santa Anita Avenue l!l1d the City limits; on the north by the City limits; and on the east by the. Los Angeles County Flood Control Channel. An opportunity will be afforded to persons particularly interested, and the public generally, to be heard on all matters concerning said zone changes. DATED: February 2, 1973 PLANNING lXlM-fISSI.ON OF THE CITY OF ARCADIA, CALIFORNIA ~~ WILLIAM WOOLARD SECRETARY TO THE ARCADIA CITY PLANNING lXl~rrSSION db . 0, J 1/ " ! , '. I, , c, ~I"'- :/ ,,'" ,I_ I. o ;1 '~ . Cf)' " . STUDY A~ Z-73-1 . COUlI.Fty of LoS A~a.'E'-Jc-S SleRRI\ MAl>Q... Mo~R.ovtA J o <t I- ~ o U HlcOHL./'Wb oAKS bQ.. H""~L.hNu , OAKS. I SC-ii-Co\,. i Vl ELK IIloI S AVE. . . . Z-73-1 . . . , -;. . . February 13, 1973 TO: FROM: PLANNING COMMISSION PLANNING DEPARTMENT SUBJECT: ZONE CHANGE Z-73-l ZONE CHANGE FROM R-l AND R~2 TO R-l & D, 10,000 HIGHLAND OAKS AREA The Planning Department by direction of the City Council, has initiated zone change proceedings for the consideration of the reclassification of property bounded on the south by the southern bO)lndaries of the Highland Oaks School, Lot 5,9 of Tract 16920, and Lot 83 of Tract 15285; on the westby 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. HISTORY The Highlands area is composed of thirteen (13) tracts, each of which have been developed with differing deed restrictions. The George Elkins Company, which has the responsibility of enforcement of these restrictions, has given notice that it wishes to divest itself of this responsibility. Concerned residents of the Highlands area wish to take over this responsibility through the formation of a Homeowner's Association, simultaneously eliminating the thirteen (13) original deed restrictions with the adoption of a uniform set of regulations. LAND USE AND ZONING The area is composed of 707 lots developed entirely with single family residences, and the Highland Oaks School. All lots are zoned R-l (7,500), except for the school which is R-2. All lot sizes exceed 10,000 square feet with the mean si ze approximately II ,000 square feet. . . ~ 4. ~ Y ; d/~ ~~~J 5. . . . Z-73-l 2 RECOMMENDATIONS It is recommended that all privately owned 'property, i,ncluding the Highland Oaks 'School, be rezoned to R-l (10,000). It is recommended that the following regulations be adopted as the uniform regulations governing all lots within the Highland Homeowner's Association. 1. FLOOR AREA. No one-family dwelling ,shall be erected or permitted which, contains less than 1600 square feet of ground floor area if one'story in height, and not less than 1200 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, wheth~r 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. 2. .~~ IJ FRONT YARD. If a dwelling with a larger front yard f: than the minimum required by the R-l regulations exist~)~ on a lot on either side of a lot proposed to be im=.-............ proved, the Architectural Review BoaFa, hereinafter ' established, and hereafter l'eferred to as the "Boald,"(',-",,,.,,,;l~ 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 adj~cent front yard. 3. SIDE YARD. A lot with a building, or any part thereof, occupying the front one hundred feet, or any part thereGf, of such lot shall have a side yard of not less than six (6) feet. CORNER LOTS. No bqilding or other structure Shall~ be.ere~ted" maintained or permitted ?n acornex 101 whl.ch lS less than 25 feet at any pOl.nt,from the side street property line. TREES. No living native tree larger than six (6) inches in diameter shall be cut d'own, killed or re- moved in any manner, without 'first securing the written permission of t'he Board. Such permission shall not be granted unless it is shown that the tree is a nuisance, and that there is no practical way of re- moving the nuisance excep,t by cutting down, killing or removing it. I. . . . Z-73-l 3 6. EXTERIOR BUILDING MATERIALS. Materials 'used on the exterior of any structure, wall or fence, or the materials of any structure, wall or fence, which re'- mains exposed, shall be compatible with materials of other structures on the same lot and 'with other structures in the neighborhood. 7. EXTERNAL BUILDING APPEARANCE. ' The appearance of any structure, wall, or fence shall be compatible with existing structures, walls, or fences in the neighbor- hood. 8. All garages shall be incorporated as an part of the main structure, and physically thereto by structural 'members. C~Ltt:i>. j APPROVAL OF BBARB 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, wa1l"J or fence, have been submitted to and approved by the BG-IH>d. No structure, wa 11J1' or fence shall be erec.ted ' except in exact .conformance with the worki~r:,aw..in~ ' and specifications approved by the -~ The pro- ~;Jb.O.; visions of this condition shall not apply if the :B"a..~ ..t;/u.. does not qualify as hereinafter provided, nor if the' \~ drawings are for work inside a building which does not I substantially change the ex,ternal appearance of the building. . ' (~ ~ t.i1J.e.) ARCHI.TE~ REVIEW -BOARD;- There' exists in the said ':\ area a b~ known as the Archi tectural Review BOliFa. (~.J ~he Boar. 5hall be qualified, at any time, to trans- act business and exercise any powers herein conferred only if the following requirements exist. GARAGES. integral attached 9. . ~ 10. ~ (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. ~ ~. Owners have been appoin.ted to the B"<iL.d in accordance with the by-laws. . (d) . n /1 ~IJ.JJ..Q) tl f"" ~ ...... ,y/"', 't.o 'V... V^'~ . \) ll. . . / Z-73-l 4 (e) A copy of the by-laws and any 'amendments thereto have been filed with the City 'Clerk and the Plan- ning Director, together "with a'list of the lots and owners thereof which constitute said majority; said organization shall comply with any reason~ able order of the Planning Director drawn for the sole purpose of keeping said list current wi thout expense to the City. (f) Permanent written 'records 'or th~~tings, 'a,ction, findings, and decision of the Bo,," J are 'maintained and are bpen at reasonable times to the' insp~;~ of the public. Each matter referred to the shall be assigned an identifying number. Any denial of approval shall be accompanied~de- tailed findings of the reasons of the .Bo~r~ for its disapproval. ~ (g) Notice of any action.taken by the ~in denying or 'approving working drawings and specifications shall be filed)t-wi thin 24 houI's 'of such action;- with the Planning Department and posted on the bulletin board outside the .Ci ty Council Chambers - (--lJ in the Arcadia City Hall. ~-~ r'l- - i~ POWERS OF THE B8*Ri3'. The Boa,Pd-shall have the power to: (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 condi- tions and based upon such determination deny or approve the working 'drawings and specifications. (c) If a grading pian is required)for a building per- mit for a structure, the B~ may require such plan to be submitted with the working drawings and specifications. (d) Any of the conditions set forth in conditions 1 throu~ above, mJV;: b,e made less'restrictive by the JoH3aftl-if the Boa:ro: determines that such action will foster the development of a lot and will not adversely affec~ the a~enities of the adjacent lots and the general neighborhood; . . .- . Z-73-l 5 previded (1) the .owner .or .owners of abutting lots and (2) in the case of decisions affecting front yards and corneT side yards, .owners .of O~ bI'~?I/ preperty wi,t,hin sixtY,~fiVe feet of t,hepreP.~tl~ ~~~~Ab line of said lot shall be notified by the .~~ fli i~ting 72 heurs before an.y hearing 'where the -et:1tfL ~/.. ') .Bo-arl acts under this subdivision. f} --r-rl""" p ~ .-.-.I' '.~ n~~~- 12. T ON ~LS POWER. The Beard shall not have the , ~_~ pewer te waive any regulations in the Code' pertaining l 't>>:"- to, the basic zone of the property in saLd area. CJ:yr7";?';5i~' 13. APPEAL. Any preperty owner in said area may ap"p~f'---'" the decision of the.krfrhi-1;e(;,tcllora.lc .Re.v.i,ewBoa.d"oy fellewing the precedures fer a Modification as pre- scribed by the Arcadia Municipal Code, previded a )~I'('5.,Ij,) l,~tt~r of appeal is file.d wit~ ~he Planning Dey.3r~me~Cal'\1.ll'I.t(. ,.ltlj}:? WI thIJ1..t.en. days after the decIsIon of the A~e=Ifj;..1;ee4;'l;l-r-a-1- - '<~. .<....~-:..-~lUi.v.i-ew B-eal'd is pos ted in accerdance with cendi tion 10 (g), above. Any .officer of the ctty; member of the City Council- .or Planning Cemmi.ssien may institute . such an appeal by filing a request with the Medifica- , tion Committee. The previsiens .of this 'cenditien shall not apply to werking drawings and specifications for work inside a building which dees not substantially affect the external appearance .of the building. ~ ---.--/' 14. STANDARDS FOR ~-DECISION AND APPEALS.~~BuaTtl and any body hearing an appeal frem the .~.rd' s decisien shall be guided by the fellewing principles: (a) Centrol .of architectural appearance and use .of mateiials shall net be so exercised that indi- vidual initiative is sHfled in creating the appearance .of external features of any particular structure, building, .or fence, except to the extent necessary te' establish contemporarily accepted standards of harmeny and compatibility. . (b) Goed architectural character is based upon the principles of hllrmony and proportion in the elements of the 'structure as well as the rela- tionship .of such principles to adjacent struc- tures, and Oth~T structures in the.neighberhood. (c) A geed rela tienship between adj acent fr,en t yards increases the value .of preperties and makes the use ~f beth properties more enjoyable. . . - . 2-73-1 6 (d) A poorly designed external appearance of a structure can be detrimental to the amenities and value of adjacent property and neighborhood. ,- /' ,...--I' 15. TIME FOR THE ~kRD TO ACT. The 'B&&Pd shall hear any request fOT a review of working drawings and speci- fications within thirty d~rom the"date such re- quest is filed with the ~a and shall render a decision in writing in accordance, with this resolution wi thin ten days of such hearing; failure to take action in said time shall, at the end of said ten- day period, be deemed a disapproval of the working drawings and specifications . . Any'proper,!Y,':'q)lner in said area may appeal the 'action of the Be'a'l'ti. by following the procedure se.t forth in Section's.:, hereof. I::' . PLANNING DEPARTMENT fefu (Il. ~ PETER M. FERTIG PLANNING AIDE PMF:db Attachment . . . . , . . STUDY A~ Z-Tb-I . CCU"ll"Y . <>F LoS A ~,..",<:......~ SIERRA, MA1>lte EL.l<i...as AVE. M""'ll.Ov,A J o ~ l- ll: o U H 'G.ijL..A..ib OAI<$ bit. %-73-1