Mountain Views News          Saturday, September 12, 2015

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Mountain Views-News Saturday, September 12, 2015 

CORE ISSUE BEHIND MANSIONIZATION”

From Arcadia’s Best

By April Verlato

 I was recently asked, “Since San 
Marino is also having complaints about 
“mansionization,” isn’t the real issue that 
some people just don’t like change and 
label it “mansionization?”

 No. The issue concerning 
“mansionization” is not about change, it 
is about who has the authority to decide 
what should be built in a particular 
neighborhood. The real question is, who 
should “decide” to what tastes a house 
will be built to fit?

 In the Highlands and the other four 
Homeowners’ Associations (HOAs) in 
Arcadia, the residents voted back in the 
70’s to have an Architectural Review 
Board made up of neighbors to make 
that decision. The City Council adopted 
a Resolution (or “agreement”) with the 
HOAs to designate the areas as a Design 
Review Zone, so that anyone buying 
in one of these areas would know that 
there were special rules regarding what 
could be built. The Resolution outlined 
specific criteria that could be used to 
determine what was “harmonious and 
compatible” and it specifically stated “the 
ARB shall have the power to determine 
the compatibility with the neighborhood 
of the mass, scale, design and appearance 
of the proposed project.”

Resolution 6770 was meant to grant to 
the residents the power and authority 
to define what is harmonious and 
compatible; that anyone who wants to 
“change” their house would have to get 
“permission” from the neighbors to do 
so. This has been the way new projects in 
the HOAs have been treated for 40 years.

The Resolution is actually a very 
good tool for curbing neighborhood 
complaints of “mansionization.” A 
neighborhood can’t complain that they 
are being “mansionized” if three of their 
neighbors, elected by them, approved 
the project. But when City Council 
overturns a neighborhood’s denial of 
plans because the City Council thinks 
the neighborhood is being unreasonable 
in its determination of “compatible and 
harmonious,” City Council is taking 
away the effect and purpose of the ARB. 
So then you start getting complaints 
about being “mansionized” because now 
someone other than the neighborhood is 
deciding what “looks right”.

 To say that the size of the house is 
allowed by code, so, therefore, the ARB 
cannot deny on the basis of size, is wrong. 
Size is one of the attributes of “harmony 
and compatibility.” Therefore, as the City 
Attorney confirmed, an ARB can deny 
because of size even if the code allows 
more square footage.

 A California Appellate Court case 
determined the terms of a compatibility 
ordinance in the city of Rolling Hills 
were not vague and ambiguous and that 
the ARB had the authority and power 
to determine that a patio in the back 
(that no one could see from the street) 
was not harmonious and compatible 
because it obstructed neighboring 
properties’ views. The code would have 
allowed the patio otherwise.

The denial by the Highlands ARB of 
plans for new “mansions” based on the 
size of the new homes was valid.

There are two issues raised by the Save 
The Arcadia Highlands’ lawsuit.

Whether or not an Environmental 
Impact Report is required to build the 
homes in the Highlands.

What is the standard of review of ARB 
decisions on appeal before the City 
Council?

The City Attorney decided that the 
standard of review on appeal was “De 
Novo” which means City Council 
looks at the proposed project and votes 
according to their own opinion as to what 
is harmonious and compatible. I disagree 
with the City Attorney. I believe that the 
standard of review on appeal is “Abuse of 
Discretion” which allows only a review of 
the ARB’s decision to determine whether 
or not the ARB had grounds for their 
decision, not whether or not the City 
Council agreed with the decision. I base 
my opinion on a case decided by the 
Court of Appeals that held the review of 
an ARB decision in the City of Del Mar 
had to be under a “deferential substantial 
evidence test.”

It is my opinion that when City Council 
overturns an ARB denial because 
they think that the project will look 
“harmonious and compatible,” the City 
Council is not following the law. And 
that is why a group of neighbors from the 
Highlands filed the lawsuit.

A ballot initiative has been proposed to 
set limits on the amount of square footage 
because much of the “mansionization” 
debate has been fueled by the dispute 
over the size of the new homes. Limits 
on square footage would benefit both 
residents and developers. The amount of 
square footage would be quantitative and 
objective, instead of the subjective term 
of harmonious and compatible.

Everyone is going to have their opinion 
of what is “harmonious and compatible.” 
It’s a subjective term that is not easily 
defined. As the saying goes, “Beauty is 
in the eye of the beholder.” The issue of 
“mansionization” is really whose eyes are 
we using.

Arcadia’s Best Editor’s note: 

April A. Verlato, is an Attorney at Law in 
Downtown Arcadia, where last year she was 
named president of the Arcadia Downtown 
Improvement Association by the board of 
directors. In the past year she was also named 
Chairperson of the Architectural Review 
Board by the Highlands Homeowners’ 
Association. For more background summary 
on the issue that sparked and are referenced 
in this guest blog,Background on the issues 
noted above and impetus for this guest blog: 
Last week it was reported that San Marino is 
having political issues over complaints and 
challenges related to the development of large 
homes there.

Most every Arcadia City Council meeting this 
year has featured passionate public comments 
to the Council about this issue, many of 
them residents who are opposed to so-called 
“mansion-ization,” and many of whom have 
cited San Marino as an example of a city that 
controls and limits the development of large 
homes to the satisfaction of those Arcadians 
making the comments.

The author of this guest blog, April Verlato, 
is one of two of the most public and primary 
opponents of the development of homes in 
the Highlands and throughout Arcadia that 
are deemed to be too large for the size of 
the lot and not harmonious and compatible 
with surrounding homes. The issue sparked 
a lawsuit early this year by a newly-formed 
group called Save the Arcadia Highlands over 
two specific large homes in the Highlands 
approved for development by the Arcadia 
City Council (noted above – on Council 
votes of 4-1 and 3-2), one of which is next 
door to the home of Verlato’s family. The 
lawsuit halted work on those two homes, 
which led to the Council’s split-vote decision 
to indefinitely suspend a long-in-progress 
updating of citywide redsidential zoning 
codes and to limit a historical survey of 
Arcadia residences to exclude the Highlands. 
The issue also sparked a recently-proposed 
ballot measure spearheaded by Verlato that 
she mentions above. That measure, if qualified 
and approved following the gathering of the 
required number of signatures, would be 
placed on an upcoming election ballot.

On Wednesday, at about 8:00 a.m., a search warrant 
was served by the members of the Arcadia Police 
Department at a commercial building located in the 
11000 block of Goldring Road. The search warrant 
was obtained as a result of an investigation that was 
conducted by the Arcadia Police Department after 
it received information that the building was being 
used to cultivate marijuana. 

The building contained approximately three 
thousand marijuana plants in various stages of 
growth. The marijuana plants were supported with 
air filtration systems, lighting equipment, electrical 
modifications, watering systems and fertilizers. 

 

Eight suspects were arrested at the location and 
they are currently in custody at the Arcadia Police 
Department’s Jail Facility. They are all being held 
in lieu of $50,000 bail for a felony violation of H&S 
11358 - Cultivation. The suspects were all adult 
males and their age varied from twenty-three to 
fifty-two years old. 

This case is currently being investigated by 
Detectives from the Arcadia Police Department. 
Anyone with information on this incident 
is encouraged to contact the Arcadia Police 
Department at (626) 574-5151, case #15-1231. If you 
prefer to provide information ANONYMOUSLY, 
you may call “Crime Stoppers” by dialing 800-222-
TIPS (8477), texting the letters TIPLA plus your tip 
to CRIMES (274637), or using the tip web page at 
Los Angeles Regional Crime Stoppers. 

INDOOR MARIJUANA CULTIVATION BUST

FIRST-EVER VALET 
PARKING SERVICE 
AT TASTE OF 
ARCADIA SEPT. 28

Arcadia-based Power Valet to offer 
valet parking at Arboretum for only 
$7!

Taste of Arcadia will offer valet parking for 
the first-time ever this year, and for only $7.

 This year’s traditional outdoor event 
produced by the Arcadia Chamber of 
Commerce is being held from 5:30 p.m. 
- 9 p.m. Monday evening at the beautiful 
Los Angeles County Arboretum at 301 N. 
Baldwin Avenue in Arcadia, made possible 
by returning Gold sponsors Westfield Santa 
Anita, Methodist Hospital, and BMW of 
Monrovia.

 Parking for 1,500 attendees, including 
several hundred vendors and entertainers, is 
always at a premium and the main entrance 
lot fills up quickly, after which attendees are 
directed to park across the street at Santa 
Anita Park’s Gate 7 and walk or ride a tram 
back to the main entrance. Some people park 
further away and walk.

 This year Arcadia-based Power Valet, a 
member of the Arcadia Chamber, will offer 
valet parking service to any attendees for 
only $7, with drop off in the main parking lot 
just a few feet from the entrance to the event, 
which will not only make arrivals much 
easier for far more patrons but also provide a 
major convenience as attendees leave in the 
dark.

 Valet service is offered at no charge to 
selected sponsors and for one vehicle per 
VIP reserved table at the Taste. A couple 
VIP tables for 10 are still available to 
reserve. Those designated vehicles must 
have a pass displayed in the window that has 
been provided by the Arcadia Chamber in 
advance.

 The Arboretum’s trams will continue to 
be available for overflow parking at Santa 
Anita from 5 p.m. - 10 p.m. As in the 
past, limited free public parking will also 
remain available to the earliest arrivers in 
the Arboretum’s parking lot along Baldwin 
Avenue - attendees should enter that lot 
from Baldwin Avenue near Ayers Hall, not 
the main Arboretum entrance.

 Advance tickets $65 ($55 for Arcadia 
Chamber of Commerce members; $80 at 
gate; or VIP reserved table of 10 for $750 – 
Chamber members $599) under “Shop” at 
www.ArcadiaCaChamber.org, by calling 
626-447-2159, or in person at the Chamber 
office at 388 W. Huntington Drive, Arcadia, 
91007.

 About 1,500 people are expected to attend 
what City officials refer to as the “signature 
event of Arcadia.” From 5:30 p.m. – 9 p.m. 
on a Monday evening attendees enjoy tastes 
of everything for no additional charge, 
plus live music from three performers, 
the most exciting new cars from local 
dealers including Tesla, and 40 community 
organization and business booths.

ARCADIA POLICE BLOTTER

For the period of Sunday, August 30th, through 
Saturday, September 5th, the Police Department 
responded to 1,082 calls for service of which 138 
required formal investigations. The following is a 
summary report of the major incidents handled by the 
Department during this period.

Sunday, August 30:

Just before 9:45 a.m., an officer responded to the front 
counter of the Arcadia Police Department, 250 West 
Huntington Drive, regarding a found property report. 
The reporting parties located a suitcase in front of 
their residence containing recovered property from a 
recent residential burglary that occurred in the 1100 
block of Volante Drive. The investigation is ongoing. 

 At approximately 10:39 a.m., an officer responded 
to a residence in the 1100 block of Hugo Reid Drive 
regarding a vandalism report. An investigation 
revealed an unknown suspect stole the registration 
from her vehicle and put sugar in the vehicle’s gas 
tank. The investigation is ongoing.

Monday, August 31:

At about 2:13 a.m., an officer conducted a traffic stop 
on a vehicle in the area of East Live Oak Avenue and 
Second Avenue for having a broken tail light. Upon 
contacting the driver, the officer detected a strong 
odor of alcohol emitting from the driver’s breath. 
Through a series of tests, the officer determined the 
60-year-old male from West Covina was driving 
under the influence of an alcoholic beverage. The 
suspect was arrested and transported to the Arcadia 
City Jail for booking.

 At approximately 5:13 p.m., an officer conducted 
an enforcement stop on a vehicle in the area of Santa 
Anita Avenue and Huntington Drive for having 
expired registration. A records check of the vehicle 
revealed the registration had expired; however, the 
vehicle displayed a 2015 registration sticker. The 
driver, a 47-year-old male from Arcadia, knowingly 
placed the forged sticker on his vehicle. The suspect 
was arrested and transported to the Arcadia City Jail 
for booking.

Tuesday, September 1:

Around 1:06 a.m., an officer responded to a residence 
in the 900 block of West Huntington Drive regarding 
a vehicle burglary. The reporting party witnessed a 
suspect rummaging through his neighbor’s vehicle. 
As the witness approached the suspect, he fled on 
foot westbound on Huntington Drive. The loss is 
unknown. 

 The suspect is described as a light-skinned 
male, late teens to early twenties, 5’5” to 5’7” tall, 
approximately 140 pounds, dark-colored hair, 
wearing a dark-colored shirt with dark-colored pants. 
The investigation is ongoing.

 Just after 12:20 p.m., an officer responded to Taza 
Coffee House, 11 West Huntington Drive, regarding 
the passing of a counterfeit $20 bills. An investigation 
revealed a male suspect successfully passed one 
counterfeit bill and attempted to pass a second bill the 
following day. The suspect stated he obtained the bills 
from panhandling. 

 The suspect is described as a Hispanic male, 20 
to 25-years-old, approximately 5’4”, 120 pounds, 
with thick, shoulder length, wavy black hair. The 
investigation is ongoing. 

Wednesday, September 2:

Shortly after 2:55 a.m., an officer responded to the 
Hilton Garden Inn, 199 North Second Avenue, 
regarding a commercial burglary report. The officer 
determined the unknown suspect distracted the clerk 
at the front desk in an effort to gain access to the cash 
drawer. While the clerk was away, the suspect forced 
open the cash drawer and stole nearly $300. The 
suspect fled on foot. 

 The suspect is described as a black male, 27 to 
33-years-old, 5’11”, 180 pounds, wearing a black suit 
with a black dress shirt. 

 At about 12:07 p.m., an officer conducted a traffic 
stop on a vehicle in the area of Live Oak Avenue and 
Second Avenue for not having both license plates on 
the vehicle. Upon contacting the driver, the officer 
discovered the 20-year-old male from El Monte was 
driving with a suspended license. He was cited and 
released in the field. The vehicle was impounded for 
30 days.

Thursday, September 3:

At approximately 11:30 a.m., an officer responded 
to a residence in the 700 block of West Wistaria 
Avenue regarding a burglary that had just occurred. 
Surveillance footage revealed the unknown male 
suspect entered the home, but was scared off by the 
residents. The suspect fled in an awaiting red, Mazda 
sedan. No loss was reported. 

 The suspect is described as an Asian male, 37 to 
42-years-old, 5’5”, approximately 145 pounds, short 
grey hair, wearing a grey polo shirt, and grey pants. 
The investigation is ongoing.

 Around 9:20 p.m., an officer responded to a 
residence in the 400 block of South Baldwin Avenue 
regarding a domestic dispute. An investigation 
revealed a physical altercation ensued between a 
husband and wife resulting in the wife punching her 
husband and pulling his hair. Arcadia Fire responded 
to provide medical treatment. The 49-year-old female 
from Arcadia was arrested and transported to the 
Arcadia City Jail for booking.

Friday, September 4: 

At about 5:02 p.m., officers responded to Ku Fung 
King Restaurant, 558 Las Tunas Drive, regarding an 
alarm activation. Officers discovered an unknown 
suspect broke the glass door, ransacked the location, 
and fled prior to the officers’ arrival. No suspects were 
seen and no witnesses were located.

 Just after 8:59 p.m., an officer responded to the 900 
block of North First Avenue regarding a vandalism 
report. An investigation revealed an unknown suspect 
broke the front, driver’s side window of the victim’s 
vehicle. No suspects were seen and no witnesses were 
located.

Saturday, September 5:

Just after 11:43 a.m., an officer responded to Diamond 
Wireless at the Westfield Shopping Town, 400 
South Baldwin Avenue, regarding a burglary report. 
Surveillance footage revealed two suspects accessed 
the safe and stole three Apple iPhone 6’s. One of the 
suspects knew the code to the safe. The investigation 
is ongoing.

 Suspect 1 is described as a male, 18 to 22-years-
old, wearing a burgundy hooded sweatshirt and dark 
jeans. Suspect 2 is described as a white or Hispanic 
male, 18 to 22-years-old, wearing a grey hooded 
sweatshirt and a black baseball hat.

 At approximately 5:53 p.m., an officer responded 
to a residence in the 1900 block of Highland Oaks 
Drive regarding a suspicious circumstances report. 
The reporting party was approached by a male subject 
who offered to repair the damage on the bumper of his 
vehicle. The reporting party declined and the subject 
left in a white or grey four-door sedan. The incident 
was reported due to the recent auto repair scam that 
occurred in Arcadia.

 The subject is described as a Middle Eastern male, 
50 to 60-years-old, 5’5” to 5’9”, 160 pounds, white 
and grey hair, with a white mustache and goatee. The 
investigation is ongoing.

TICKETS: $65 in advance; $80 at the gate. 
facebook.com/TasteOfArcadiaGold Sponsors:
September 28, 2015• 40 Booths of Region’s Best Food & Drink• Brazilian Dancers• Newest models Tesla, Cadillac, BMW, Lexus• Valet parking• Live music by 3 performers• Vintage motorcycles and more!
5:30 p.m. – 9 p.m. 
L.A. County Arboretumwww.ArcadiaCaChamber.org or call 626-447-2159Special $48 Ticket Price (save 40%) 
when you dine at these participating restaurants 
Ask manager at these locations for exclusive discount code card
Mountain Views News 80 W Sierra Madre Blvd. No. 327 Sierra Madre, Ca. 91024 Office: 626.355.2737 Fax: 626.609.3285 Email: editor@mtnviewsnews.com Website: www.mtnviewsnews.com