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Ordinance - 1878ORDINANCE NO. 1878 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING ORDINANCE NO. 1861, AND AMENDING THE WEST COVINA MUNICIPAL CODE CHAPTER 26 (ZONING), AND WOODSIDE VILLAGE MASTER PLAN TEXT AS THEY RELATE TO LARGE SINGLE-FAMILY HOME EXPANSIONS AND NEW CONSTRUCTION. (Amendment No. 237, Woodside Village Master Plan Text Amendment No. 5) WHEREAS, recent submittals for building plan check consist of Oubstantial additions to existing homes in established single- family residential zones; and WHEREAS, the expanse of these additions result in a single-family house as much as three to four times greater in floor area than the original home and surrounding neighborhood; and WHEREAS, the code currently does not contain provisions to address the "mansionization" of homes; and WHEREAS, a house that is disproportionately out of scale and mass with its surrounding environs may negatively impact the existing neighborhood character and natural environmental features such as view sheds, topography, and light and air circulation; and, WHEREAS, the increased intensification of property may result in negative effects including noise, traffic, loss of privacy, etc.; and, WHEREAS, on September 5, 1990, the Planning Commission adopted Resolution No. 9-90-3894 initiating Amendment No. 237 and directed staff to proceed with studies, and investigations relating to the mansionization issue; and . WHEREAS, on October 1, 1990, the City Council adopted Ordinance No. 1861 (Neighborhood Compatibility Interim Urgency Ordinance, as amended); and WHEREAS, the Planning Commission upon giving the required notice did on the 6th day of March, 1991, conduct a duly advertised publ=kc'=hearing as prescribed by law; and WHEREAS, the City Council has considered evidence presented by the Planning Department, the Planning Commission, and other interested parties at a duly advertised public hearing held on April 22, 1991; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. The City wishes to encourage development which is harmonious, appropriable to and compatible with the surrounding residential neighborhoods and existing natural environs. 2. The expansion or construction of single-family residences far larger in height, width, area, scale and bulk than surrounding residences may be incompatible with the surrounding residential dwellings and inconsistent with the goals of the General Plan. 3. Incompatible development may have a negative effect upon the existing quality of life. 4. Overexpansion burdens public services as well as creates aesthetic problems. 5. Neighborhood compatibility in relation to size, height and bulk is within the police powers of the City and maintains the public health, safety and welfare. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No.1878 Amendment No. 237 April 22, 1991 - Page 2 6. It is necessary to have neighborhood controls in place once a community is almost built out to maintain the stability of property values and support the integrity of the General Plan and zoning. NOW, THEREFORE, the City Council of the City of West Covina, California, •does ordain as follows: SECTION NO. 1. Based on evidence presented and findings set forth, Amendment No. 237 and Woodside Village Master Plan Text Amendment No. 5 are hereby approved as consistent with the City's General Plan. SECTION NO. 2: Based on evidence presented and the findings set forth,Chapter 26 of the West Covina Municipal Code is hereby amended to read as follows: ARTICLE II. DEFINITIONS Sec. 26-24. Basement. "Basement" shall mean that portion of a building below the level ef the average adjeining greund, with a eeiling ne part e€-which is less than seven--(7) feet above sueh-lebel first story of a building except that a basement, when designed for, or occupied for business of manufacturing, or for dwelling purposes, (rumpus : eefs—and- reereatien heut IrAtehen ( subterranean garages excepted) shall be considered a story. Sec. 26-31. Building height. "Building height -emeept-' nes, nee-6 eet-ien--2-64-94 . "Building height" shall mean the vertical distance measured from any point of the roof structure to the finished "grade" directly below said point te the highest point ef the eeping ef a flat reef er te deek line-ef a-mansrard reef er to the highest point of the highest gable but exclusive of vents, air -conditioners, chimneys or other such incidental appurtenances. Sec. 26-55.5. Floor Area Ratio (F.A.R.). "Floor Area Ratio (F A R )" shall mean the total gross floor area included within the surrounding exterior walls of all buildings on a lot divided by the area of the lot. Sec. 26.60.3 Garacxe,_Subterranean. "Subterranean Garaae" shall mean a garage which is a portion of the main structure and so located that (a) all sides but the side which has the main entrance are enclosed by finished grades which are parallel to the garage ceiling and (b) the main entrance is not visible from a street. Sec. 26-61.5 Grade, existing. "Grade, existing" shall mean the surface of the ground as it exists prior to disturbance in preparation for a project regulated by this chapter. Sec. 26-61.7 Grade, finished. "Grade, finished" shall mean the manufactured surface of the ground as it exists after the completion of a project regulated by this chapter. Sec. 26-61.3 Grade, Averaae. Grade, average",er "lgr-eun level" r shall means er is the average of the exterier finished grade greund level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, the abeve-emend average grade level shall be measured at the sidewalk. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 3 Sec. 26-62. Gross floor area. For residential developments, "Gross floor area" means or is the area included within the surroundina exterior walls of a buildina or portion thereof. For non-residential developments, "Gross floor area" means or is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of: (a) Shaft enclosure. (b) Courts. (c) Floor area space devoted entirely to heavy mechanical equipment (i.e., air conditioning unit). (d) Public restrooms. (e) Janitorial equipment room. (f) Any other facility common to a central service core. Sec. 26-108. Story. "Story" shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, ". if there- be—ne fleei above, then --the e between _ueh fleer and the—ee ex ..L.eye it shall be eensidered a shy except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, or unused underfloor space is more than six feet above finished tirade for more than 50% of the total perimeter or is more than twelve feet above the finished grade at any point, such basement, cellar, or unused underfloor space shall be considered as a story. ARTICLE V. NONCONFORMING BUILDINGS AND USES Sec. 26-185. Nonconforming buildings. A nonconforming building shall not be expanded without the approval of a precise plan that would render said building conforming, except single-family residential buildings used for single-family purposes and located in multiple family or nonresidential zones. Expansion of such buildings shall be allowed if the building and expansion conform to tlie all applicable R-1 zone development standards of the area distriet in whieh the building is leeated. Sec. 26-186. Reconstruction of nonconforming building partially destroyed. (a) A nonconforming building which is destroyed to the extent of not more than fifty (50) per cent of its reasonable replacement value at the time of its destruction, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all other provisions of this article. ,Lb,_ A single family structure which is nonconforming in size and is completely or partially destroyed may be restored to the floor area which existed at the time of its destruction. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 4 ARTICLE VI. PROCEDURE, HEARINGS, NOTICES, FEES AND CASES Division 1. Generally Sec. 26-202. Filing fees. • (c) A fifty dollar ($50.00) filing fee shall be paid upon the filing of an application for: (i) a slight modification involving one single-family lot, a large -family day care home involving one single-family lot, a large expansion involving one single family lot, (iv) a maximum unit size exception involving one single family lot. Sec. 26-212. Appeal procedure. (a) Anyone so desiring may appeal the decision of the Planning Director or the Planning Commission to the City Council in writing. Specific issues to be considered for appeal shall be identified in the written request. The request shall be accompanied by an appeal fee (see Section 26-202(b))(a), mailing labels for notification Purposes, and be submitted to the planning department for an appeal of the Planning Director's decision or the City Clerk's office, for an appeal of the Planning Commission's decision, within the time periods specified below: (1) General plan amendment: Five (5) business days after adoption of the decision resolution by the Planning Commission. (2) Zone change denials: Five (5) business days after the Planning Commission files the recommendation with the City Council. (3) Unclassified use permit, variance (except slight modifications) or precise plan: Twenty (20) days after adoption of the decision resolution by the Planning Commission. (4) Decisions of the Planning Director or the Review Board for slight modifications, er minor amendments to an unclassified use permit or precise plan, maximum permitted unit size, large expansion, or maximum unit size exception: Fifteen (15) days after the date the decision is transmitted in writing to the applicant. Division 9. Single family dwelling units - Large expansion and maximum unit size exception. Sec. 26-296.1000. Purpose. The purpose of this section is to: ,Cal Maintain the existing character of neighborhoods by promoting design and the development of Property in a manner that is harmonious with the surrounding environs. b Protect the over- building existing quality of life from potential over building of properties. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 5 (c) Balance individual needs with community goals including preserving and enhancing the image of West Covina as the City of Beautiful Homes. J.dI Ensure the adequacy of required public services and infrastructure. Lel Maintain the public health, safety and welfare. Lf,l Maintain the stability of property values and support the integrity of the general plan and zoning. Sec. 26-296.1100. Definitions. LL "Large Expansion" shall mean the expansion of the existing total gross floor area of a single family dwelling unit by the following square footages but not resulting in a total gross floor area which exceeds the maximum permitted for a lot: Lot Size (sq. ft.) Under 20,200 20,000 - 24,999 25,000 - 29,999 30,000 - 34,999 35,000 - 39,999 40,000+ Large Expansion (sq. ft. ) 1,250 1,500 2,000 2,500 3,000 3,500 Said large expansion includes habitable space and/or accessory uses (when attached to the main building (including guest house, second unit, and garage). i1 "Maximum Unit Size Exception" shall mean an increase of the total gross maximum permitted unit size for a lot as defined in Sec. 26-401.5 by up to twenty-five percent (25%) of habitable space, and/or attached accessory uses (including guest house, second unit, or garage) LI "Habitable Space" shall mean space in a structure for living, eating or cooking and which meets the requirements of Chapter 12 of the most recently adopted Uniform Building Code. As used herein, habitable space shall include bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas. Sec. 26-296.1200. Procedure. Subject to the provisions of this section, the Administrative Review Board (as defined and established in Section 26-267(a)) may grant, modify, or deny a large expansion or maximum unit size exception. Jal Any person desiring to build a structure or an addition to an existing structure which is a large expansion or exceeds the maximum unit size as set forth in Section 26-401.5 may file with the Planning Director an application for a large addition or labels required for notification purposes. (b) The Planning Director shall set each application for hearing before the Administrative Review Board at such time and place as the Board shall designate and shall give written notice thereof at least ten (10) days before said hearing by United States mail, postage prepaid, to the applicant and to the owners of all property located within a 1000 foot radius of the subject property at the address of such owners as shown on the last equalized assessment roll. The Administrative Review Board shall conduct a 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 6 public hearing upon the application at said time and place, or at such time as said hearing may be adjourned to, at which time the Administrative Review Board shall hear the applicant and any protests. If it finds that facts exist justifying the granting of the request, it shall grant the same in writing stating the reasons therefor subject to such conditions as it may find to be necessary • to protect the public peace, health, safety, morals or general welfare and shall thereupon transmit copies thereof to the members of the Planning Commission, City Council and to the applicant. If the Administrative Review Board does not find such facts to exist, it shall deny the application in writing and transmit a copy of such denial to the applicant. -C�ji The Administrative Review Board may determine not to hear an application and transfer the matter to the Planning Commission at its next regular meeting. The person presiding over the Review Board at the time of transfer will publicly announce the time and place to, and at which, said application shall come before the Planning Commission. (dd) The decision of the Administrative Review Board or Planning Commission shall be final and effective fifteen (15) days after the date of transmitting copies of its written determination as above provided, unless, during such time, an appeal in writing is filed with the Planning Commission (from a decision of the Administrative Review Board) or City Council (from a decision of the Planning Commission), in the manner prescribed in this article for appeals from decisions of the Planning Commission or unless a motion of appeal is adopted by the City Council or Planning Commission. Such appeal shall suspend and set aside the decision of the Administrative Review Board, or Planning Commission, as the case may be. The notice and hearing requirements for an appeal shall be the same as the notice required to be coven by the Administrative Review Board in subparagraph (b) of this section. Sec. 26-296.1300. Findings. Before an application for a large expansion or maximum unit size exception may be granted, the followina findinas must be made: _Ca,)_ The development is consistent with the General Plan, zoning, and surrounding uses. _Lbl The development is harmonious in scale and mass with the existing building, if any, and the site, natural terrain, and surrounding residences. Icl The development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles. Lda The development can be adequately served by existing or required infrastructure and services. (ee)_ The development does not impede the view of surrounding properties. Lf,)_ The development does not intrude upon the privacy of surrounding properties. Lq)_ Building materials and color are consistent with the existing building. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 7 (hh)_ The roof of any proposed addition relates to the principal or existing structure's roof style and pitch. L� Lot and proposed development conform to all other code requirements. • Sec. 26-296.1400. Failure to utilize a large expansion or maximum unit size exception (a)_ A large expansion or maximum unit size exception approved in conjunction with development entitlements which are dependent thereon (such as precise plan, parcel or tract maps, unclassified use permits.) shall expire on the same expiration date as the development entitlements. Approval of a time extension for such development entitlements shall constitute the approval of a time extension of the large expansion or maximum unit size exception on which the development entitlements are dependent. u A large expansion or maximum unit size exception not in conjunction with other development entitlements shall become null and void if not utilized within one (1) year from date of the resolution granting the expansion or exception. If construction work is involved, such work must be actually commenced within the stated period and be diligently pursued. LL Extension of time up to a maximum of one (1) year may be granted from the date of expiration of the large expansion or maximum unit size exception by the Planning Commission when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why such large expansion or maximum unit size exception has not been utilized. In considering a request for an extension of be appealed to the City Council in accordance with the procedures set forth in Section 26-212. Section 26-296.1500. Compliance required. No _person shall violate or fail to comply or cause such violation or failure with any approved large expansion or maximum unit size exception or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved large expansion or maximum unit size exception for the parcel on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further face or effect. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 8 ARTICLE VIII. Residential Agricultural Zone/One Family Zone. Division 2 - Development Standards • Where the following code provisions are in conflict with others, the stricter requirements shall apply. Section 26-401.5. Maximum Unit Size (a) Lot Size (Sq. Ft.1 Maximum Unit Size (Gross Floor Area in Sa. Ft.) Under 20,000 .35 F.A.R. or 3,999, which- ever is less 20,000 - 24,999 4000 25,000 - 29,999 5000 30,000 - 34,999 6000 35,000 - 39,999 7000 40,000+ 8000 As these figures reflect the maximum allowable unit sizes, they shall not be regarded as an automatic right. Each proposal shall be reviewed on a case by case basis and requires approval of the Planning Director subject to the following findings: i. The development is consistent with the General Plan, Zoning, and surrounding uses; ii. The development is harmonious in scale and mass with the site, natural terrain, and surrounding residences; The development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles. iv. The development can be adequately served by existing infrastructure. V. The development does not impede the views of surrounding properties. vi. The development does not intrude upon the privacy of surrounding properties. vii. Building materials and color are consistent with the existing building and surrounding development. viii.The roof of any proposed addition relates to the principal or existing structure roof style and pitch. ix. Lot and proposed development conform to all other code requirements. The decision of the Planning Director is appealable to the Planning Commission subject to the procedures outlined in Section 26-212. Ll Detached accessory structures shall not be included in the above maximum unit size figures. A Large Expansion to the main building (as defined in Section 26-296.1100 (a)) shall be subject to the approval of the Administrative Review Board (ARB) pursuant to the procedures outlined in Section 26-296.1200. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 9 (c)_ The above maximum unit sizes may be increased by up to twenty-five percent (25%) subject to the approval of the Administrative Review Board (ARB) pursuant to the procedures outlined in Section 26-296.1200. Attached accessory structures including but not limited to guest house, second unit, and garage shall be included in the twenty-five percent (25%) figure. •(d) An expansion of the above maximum unit sizes by more than twenty- five percent (25%) may be granted subject to the approval of an Unclassified Use Permit (UUP) by the Planning Commission pursuant to the procedures outlined in Sections 26-246 and 26-685.2000. Set Section 26-401.5 (a) through (d) shall not apply to residential development within a Specific Plan Zone nor residential development which utilizes the density transfer provisions in Section 26-703. Sec. 26-402. Off-street parking. (a) In R-A and R-1 zones there shall be twe--(2) four (4) accessible off-street parking spaces enelesed en three (3) sides and reef'', provided for each dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed. Garages and carports shall have a minimum clear width of twenty (20) feet between columns or walls. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport, except as modified in section 26-402.5. The balance of the required spaces, if uncovered, shall have minimum dimensions of eight (8) feet by sixteen (16) feet. _Cdl In_ addition to the minimum number of off-street parking spaces required for each dwelling unit, additional off-street parking space(s) shall be required on the basis of dwelling unit size according to the following schedule: Gross Unit Size (Sq.Ft.) Additional Number of (Exclusive of Attached Required Off -Street Garages) Parking Spaces 4000 - 5499 1 5500 - 7000 2 7001 - 8000 3 8001+ As per an approved UUP or maximum unit size exception Said additional spaces(s) may, but need not, be provided in a carport or garage. The minimum required dimensions for uncovered spaces shall be eight (8) feet by sixteen (16) feet. (e) Garages which are intended to accommodate four (4) or more cars shall not open to any public street, unless designed as a subterranean garage. Sec. 26-402.5. Maximum front yard pavement coverage. (b) "Driveway" shall be defined as that area providing direct access from the street to the garage or carport with a minimum length of twenty two (22) feet. No driveway established prior to June 1, 1991, by permit, shall be considered nonconforming. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 10 Sec. 26-403. Single-family building height. (a) No building or structure shall have more than two (2) stories, or be more than 25 feet above greund finished grade. • (b) Chimneys, vents and other such incidental appurtenances shall not be included in the measuring of the highest point of a building or structure. • (c) building er strueture-te the -highest eint of the building er strueture,the ertieal distanee shall net emeeed twenty-five (25) feet. Subterranean garages shall not be included in the measurement of height nor counted as a story. +d-� er structure to the highest-peintef the building er strQeture, the vertieal disrtanee shall net emeeed-thirty five (3 5) feet (d) (e) In Area Districts IV and V, buildings on lots in excess of twenty thousand (20,000) square feet may exceed the maximum height limit stated in subsection _al by one (1) foot for every five hundred (500) square feet of floor area in excess of twenty-five hundred (2,500) square feet. Such increase in height shall increase the yard requirements on a foot -to -foot ratio, i.e., one (1) foot of additional height requires eleven -foot side yards and twenty-six foot and rear yards, five (5) feet of additional height requires fifteen -foot side yards and thirty-foot front and rear yards. . Sec. 26-405.5 Second story setbacks. Lal Front yard. When the first story of an existing single family structure is built within thirty (30) feet or less of the front Property line, the front yard setback of any future second story addition or expansion shall be a minimum of thirty (30) feet, except that in Area District IIA it shall be twenty five (25) feet, as measured from the front property line. Said front vard second story setback shall not be reauired however, if no portion of a building or structure (existing or proposed) encroaches through a plane projected from an angle of 45 degrees as measured at a point ten (10) feet above the finished arade level alona the front Droperty line toward the rear Droperty line. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 11 Jb_ Side yard. When the first story of an existing single family structure is built within ten (10) feet or less of the side Property line, the side yard of any future second story addition or expansion shall be a minimum of ten (10) feet with the following exception. (i) Said side yard second story setbacks shall not be required if no portion of a building or structure existing or proposed) encroaches through a plane projected from the angles indicated below as measured at a point ten (10) feet above the finished grade level along the side property line toward the opposing side property line: Lot Width Angle Less than or 55 degrees equal to 75 feet Greater than 75 ft. 50 degrees Less than 95 feet Greater than or 45 degrees equal to 95 feet (ii) Said side yard second story setback shall not be required along any side yard which abuts property zoned for or developed with a nonresidential use (e.g. schools and parks) or a public right-of-way, flood control channel, or utility easement upon which no residential structures may be developed. _(cl As used in this section, second story set back shall also apply to any portion of the first story consisting of unused air space such as an open beam or vaulted ceiling area (excluding roof and attic space) and measuring twelve (12) feet above the finished floor of the first story. The second story setbacks stated in subsections (a) and (b) above shall not be required in Area Districts IV and V for developments which utilize the additional height provisions pursuant to Section 26-403(d). ARTICLE XII. SPECIAL REGULATIONS FOR UNIQUE USES. Division 18. Large Homes. Sec. 26-685.2000. Purpose. The purpose of this section is to: _(a)_ Recognize the existence of unique economic, social and physical conditions which result in the need for a home that exceeds the maximum total gross floor area permitted for that lot by more than twenty five percent (25%). JbI Promote the maximum and efficient development of property, which would otherwise be considered underutilized, with housing commensurate to the size of lot. Icl When appropriate to the lot and neighborhood, permit expansive homes without adversely affecting the character of the surrounding neighborhood and impacting infrastructure facilities and services. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 12 Sec. 26-685.2100. Definitions. LL "Large Home" shall mean a single family structure which exceeds the maximum total gross floor area permitted on a lot by more than twenty-five percent (25%). Sec. 26-685.2200. Procedure. Subject to the provisions of this section, the Planning Commission may grant, modify, or deny a large home. An unclassified use permit shall be obtained prior to the construction of a large home, as specified in Article VI, Division 3 of this chapter. Property owners within a 1,000 foot radius of the subject property shall be given a written notice of a proposed large home ten (10) days prior to a public hearing thereof. Sec._ 26-685.2300. Development Standards.A large home must comply with all development required by the underlying zone, except that the Planning Commission may waive the maximum permitted total gross floor area by more than twenty-five percent (25%) for any lot provided that the following can be shown: -C�i The development is consistent with the General Plan, Zoning, and surrounding uses; Li The development is harmonious in scale and mass with the site, natural terrain, and surrounding residences; ,Lcl The development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles. Ll The development can be adequately served by existing infrastructure. -Eel The development does not impede the views of surrounding properties. (f ) The development does not intrude upon the privacy of surrounding properties. lgZ Building materials and color are consistent with the existing building and surrounding development. 1h1 The roof of any proposed addition relates to the principal or existing structure roof style and pitch. Sid Lot and proposed development conform to all other code requirements. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 13 SECTION NO. 3: Based on evidence presented and the findings set forth, the Woodside Village Master Plan Text is hereby amended to read as follows: AMENDMENT NO. 5 TO MASTER PLAN TEXT • FOR THE WEST COVINA PORTION OF WOODSIDE VILLAGE I. INTRODUCTION This Master Plan Text (Plan) is to be utilized as the development guide for the creation of the planned community for the West Covina portion of "Woodside Village." The policies and proposals of the Plan intend to create a total community; i.e., a community that reflects a balance between the people who reside there and the schools,parks, other public services, and the shopping facilities which those residents desire. The Plan also reflects the desires of the developers to provide a means of satisfying the housing demands of persons wanting to live in West Covina. This is accomplished through the inclusion of density patterns which will accommodate a variety of residential dwelling types appealing to various income groups. The Plan was prepared utilizing the criteria defined within the West Covina PCD (Planned Community Development) Ordinance. II. DEFINITIONS _Unless otherwise indicated, the definitions contained in Chapter 26 (Zoning) of the West Covina Municipal Code shall apply to Woodside Village. Density - is the average number of dwelling units per acre allowable within a density segment. The total number of residential dwelling units allowable within a density segment shall be determined by multiplying the number of acres within such segment (after excluding acreage of commercial site, school sites, neighborhood and community park sites and all rights -of -way of the adjacent highways shown on the Master Plan) by the density shown for such density segment. Highways - is all right-of-way that is over 60 feet in width. Open Space - shall be usable land less than or equal to a 20% slope and readily available to adjacent dwelling units. Streets - all right-of-way that is up to and including 60 feet. III. PHYSICAL FEATURES The land area covered by the Woodside Village Master Plan could be classified as undulating foothills. The land area covers some 2,257 acres, of which approximately 1,124 acres are in West Covina and 1,133 acres are in Walnut. Although the major drainage orientation of the property is southerly, drainage courses from the property extend toward Azusa Avenue on the west, Valley Boulevard on the south, and the future extension of Lemon -Citrus on the east. This pattern of minor drainage tributary areas has been taken into account and reflected within the land use pattern proposed. Slope and view analyses of the property have been prepared and utilized to capture the maximum view and environment potential of the land. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 14 Preliminary soils and geological studies have been undertaken which indicate no major problems existing within the boundaries of the developable portion of Woodside Village. If problems do exist, they will be geotechnically corrected. Compilation of the above physical features inventories help to • define the major land forms existing upon the property. A very prominent "bowl" exists within the central portion of Woodside Village, and this area has been utilized to create the central focus of the community. This topographic bowl is ringed on the west, south, and east by other minor bowls (or tributary areas) which orient to the exterior boundaries of the property and, therefore, demand relationships with the surrounding, existing land uses. These features have been taken into account and have been reflected in the land use patterns proposed for Woodside Village. IV. ECONOMIC GUIDELINE The development of Woodside Village is directly keyed to the market absorption of the dwellings that will be constructed. Construction has commenced, and the total development of the West Covina portion of Woodside Village is anticipated within a three to five year time period. It is understood that national, state, and local economic factors as well as new technology, dwelling unit types, and construction techniques may affect economic market penetration and, therefore, this time schedule. Therefore, development may be longer due to economic market absorption and housing demand. Development within an approved Development Plan may occur in phases to be approved by the Planning Commission at time of submittal and subsequent thereto for any revisions. V. PROPOSED LAND USE The following information provides a description of the developed and proposed land use categories depicted on the Woodside Village Master Plan. The Master Plan has been divided into commercial segments and residential density segments, the generalized boundaries of which are designated on the accompanying map (Exhibit 111" entitled, "Woodside Village Master Plan - PCD No. 1 Amendment No. 2"). A. Residential Several classifications of residential land use density are proposed. The density designations do not specify specific dwelling unit types. Any density classification can accommodate various types of dwelling units, as long as the total number of units constructed within each density segment of the Woodside Village Master Plan does not exceed the total number of dwelling unit designated for such density segment. Neighborhood and community park site acreage may be included in the calculation of allowable dwelling units when said park area is to be dedicated to the City. Dwelling units generated by this calculation shall be distributed throughout the Master Plan area. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance Amendment April 22, No. 1878 No. 237 1991 - Page 15 Permanent common open space (excluding neighborhood and community park sites) readily available to adjacent dwelling units is to be equal to or greater in area than the total acreage of all local street rights -of -way up to and including 60 feet. If this requirement is not met, then the allowable dwelling units for any precise Development Plan will be reduced by the number resulting from multiplying the acreage deficiency by the density; providing that a minimum of 80% of the area devoted to local streets is offset by common usable open space. In the event that more than one (1) Development Plan is to be submitted for a density segment, the total number of dwelling units constructed or to be constructed shall not exceed the total number of dwelling units allowable in such density segment. As an example, a Development Plan could be submitted utilizing attached townhouses for a density segment designated as four dwelling units to the acre even though previous Development Plans for the same density segment utilized detached single family homes. In the event a school site is not utilized for such purpose, then the underlying density segment shall be used in calculating the number of additional allowable dwelling units. Should a church be built within average density segment, the total number of acres of the church site shall be multiplied by the density and subtracted from the total number of units allowed within that segment. B. Commercial Commercial services are intended to range from neighborhood convenience type retail to community shopping center services such as junior department stores. Areas for commercial centers have been designated on the Master Plan. More precise definition of uses will be submitted as precise development plans are prepared. The commercial facilities are intended to provide services to residential areas and are not limited in their commercial service role to solely those residents of Woodside Village. Auto supply stores in Woodside Village which include installation and minor services shall be permitted the following uses in conjunction with retail sales: 1. Lubrication including grease rack or elevator; 2. Minor tire service; 3. Minor battery service; 4. Minor motor tune-up; 5. Head lamp adjusting; 6. Brake adjusting and repair; 7. Installation of service -related parts and accessories. The establishment of commercial facilities having a regional attraction are not proposed for Woodside Village. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 16 C. Community Facilities 1. Schools• Public school plans, as designated, reflect the Standards for plant • capacity, student generation, and general location as supplied by the Rowland Unified School District. The student yield for this development is calculated as follows: .81 pupils per single-family dwelling unit. .29 pupils per multi -family dwelling unit. The District breakdown of pupils by school level is as follows: K - 6 equals 55% 7 - 8 equals 15% 9 - 12 equals 30% Reevaluation of student yield for Woodside Village may be necessary from time to time, thereby insuring adequate number of school sites for the total community development. Elementary schools have been designated in generalized locations and do not depict specific sites. These general locations are related to the general land use pattern and student population yield of the plan. Based on projections by the District, there is no need for a Junior High School or Senior High School site on the West Covina portion of Woodside Village. These services will be provided by schools in the near vicinity. 2. Parks• The parks system proposed for Woodside Village reflects the desires of the City of West Covina. Neighborhood parks located at sites directly adjacent to elementary school sites shall be a minimum of five (5) net usable acres. If a neighborhood park site is not adjacent to a school site, the neighborhood park site shall be a minimum of eight (8) net usable acres. The exact location of all neighborhood park sites shall be determined at the time of development plan approval. If, upon submittal of a development plan, a park site is shifted to a different density segment than is shown on the Master Plan map, then the total number of allowable units within the density segments shall prevail. Two community parks are designated for the West Covina portion of Woodside Village. One community park is located in the central portion of the property west of Nogales Street, and a portion of a second community park is located north of the intersection of Lark Ellen Avenue and Pass and Covina Road. The West Covina General Plan depicts regional parks directly north of, and adjacent to,Woodside Village. Reflecting a desire to effect maximum utilization of the tax dollars, duplicate regional parks have not been proposed for Woodside Village. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance Amendment April 22, • No. 1878 No. 237 1991 - Page 17 The park areas and approximate acreages as shown on the Master Plan and to be dedicated to the City of West Covina are sufficient to cover the needs of the residents of Woodside Village and meet the desires and requirements of the City of West Covina. Therefore, in consideration for such dedications and improvements made thereon by the owner, no additional requirements for park lands will be made in connection with the approval of any precise Development Plan. 3. Library and Fire Station: The site for a library and a fire station has been acquired by the City of West covina in the area west of Azusa and north of Amar. 4. Churches• Church sites are an integral part of the Woodside Village total community picture, and will be developed at locations approved as part of the Tentative Tract Map and Development Plan procedure under the Development Standards of the N-C (Neighborhood Commercial) Zone. These sites will be related through the circulation system and designed as an integral part of the neighborhoods of Woodside Village. 5. Utilities: Water: A Master Plan for the Water System to be operated by the City of West Covina has been prepared. Sewage Sewage disposal is to be furnished by Los Angeles Disposal: County Sanitation District No. 15, subject to review and approval of the sewerage system by the appropriate Sanitation District and the West Covina City Engineer. A Master Plan of Sewers has been prepared. Electric Electric Power will be furnished by Southern Power: California Edison Company. Gas: Gas will be furnished by Southern California Gas Company. 6. Flood Control and Grading: Drainage and flood control facilities will be designed and constructed according to plans and proposals of the Los Angeles County Flood Control District and the West Covina City Engineer. 7. Circulation: a. The circulation system for Woodside Village was planned, taking into consideration the following factors: i. The West Covina General Plan. ii. The West Covina Master Plan of Streets. iii. The County of Los Angeles Master Plan of iv. Proposed land use pattern. V. Topography. vi. West Covina street development policies Highways. and procedures. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 18 b. The proposed arterial system follows the classifications designated upon the West Covina General Plan. The most prominent features are: i. The east/west extension of Amar Road, a major highway. ii. The north/south extension of Nogales Street, a major • highway connecting Amar Road and Valley Boulevard, and north of Amar Road to the northerly boundary of Master Plan as a local street with a 60 foot right-of-way. iii. The northerly/southwesterly extension of Temple Avenue, a local street of 60 foot right-of-way on the alignment established by the County Engineer. iv. The northerly extension of Gemini Street, a local street of 60 foot right-of-way, from near the intersection of Gemini Street and Giano Avenue to the proposed secondary street within the development. V. The southerly extension of Lark Ellen Avenue, a secondary highway. vi. The extension of Fairgrove Street west of Azusa Avenue, a local street of 66 foot right-of-way. vii. A system of secondary highways which will serve the interior portions of Woodside Village. C. The local street circulation system will be specifically defined when Tentative Tract Maps and Development Plans are submitted for review. There shall be a looped local street pattern located within the area south of Shadow Oak Drive and west of Nogales Street that will come in close proximity to the southerly boundary of the City of West Covina. This looped street connection will serve as access points for pedestrian connections. (see Pedestrian Connections.) d. The following Standards will be utilized in the construction of the major arterials: i. Major highway 110 feet in width. ii. Primary highway 100 feet in width. iii. Secondary highway 80 feet in width. iv. Local street, cross section to be depicted on the Tentative Tract Maps and Development Plans. 8. Pedestrian Connections The developer of the area located south of Shadow Oak Street and west of Nogales Street shall coordinate with the Rowland School District (approved by the City of West Covina) to provide two pedestrian connections from Yorbita and La Seda Avenues to the Rowland School District to provide access for school children or alternatives acceptable to the Rowland School District and the City of West Covina. The pedestrian connections shall be easements to the Rowland School District and maintained by the District. The security lighting system shall be approved by the City of West Covina Police Department. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 19 VI. PARKWAY AND MEDIAN STRIP STANDARDS Major, primary, and secondary streets are the entry to this community, requiring that a pleasing visual environment be developed. Therefore, major streets are to be developed with • medians and major, primary, and secondary streets with parkways, all of which shall be landscaped and provided with a fully automatic irrigation/sprinkler system to be approved by the City Engineer and Recreation and Parks Director. Fully automatic irrigation/sprinkler systems may be waived at the discretion of the City Engineer and Recreation and Parks Director. VII. In addition, appropriate screening of rear and side yards shall be provided in the form of walls, fences, and specimen size landscaping along the street right-of-way and permanent public open spaces. Walls and fences adjacent to parkways shall be six (6) feet in height and screened by trees and shrubs. Where landscaped screening is used exclusively, shrubs and trees shall form a visual barrier to, at least, six (6) feet high along the length of such screening. SUMMARY OF LAND USE (WEST COVINA PORTION) LAND USE ACRES % MAX. DU Residential Existing 194.0 17.3 Proposed 765.5 68.2 Commercial Existing 16.9 1.5 Proposed 29.2 2.6 Elementary Schools 16.0 1.4 Neighborhood Parks 26.0 2.3 Community Parks 31.8 2.8 Library & Fire Station 1.2 0.1 Highways 42.6 3.8 TOTALS SITE DEVELOPMENT STANDARDS 1559 6551 1123.2 100% 8110 The following Site Development Standards are intended to be applied to all of the land uses developed in the West Covina portion of Woodside Village. It is understood that new land use concepts may evolve, subsequent to the adoption of this Planned Community Ordinance, which may warrant Standards not contemplated at the time this Ordinance was prepared and adopted. Amendments, additions, or deletions to these Standards may be made, subject to the procedures defined in the General Laws of the State of California and the City of West Covina. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 20 A specific Development Plan and Tentative Tract Map following the site Standards for a conventional subdivision or custom lot development may be submitted and approved by the Planning Commission provided that such subdivision or custom lot development would not be materially detrimental to the surrounding • developments. A. Detached, Single Family Dwelling Units: 1. Yards and Building Setbacks Front: A ten (10) foot minimum from property line for the first story of the main building. Twenty- two (22) feet minimum from property line for straight -in garages. When the first story of an existing single family structure is built within fifteen (15) or less of the front yard property line, the front yard setback of any future second story addition or expansion shall be a minimum of fifteen (15) feet. However, said second story setback shall not be required if no portion of a building or structure (existing and proposed) encroaches through a plane projected from an angle of 45 degrees as measured at a point ten (10) feet above the finished grade level along the front Property line toward the rear property line. As used in this section, second story setback shall also apply to any portion of the first story consisting of unused air space such as an open beam or vaulted ceiling area (excluding roof and attic space) and measurina twelve feet above the finished floor of the first stor Walls, fences, or hedges not to exceed a maximum height of eight (8) feet may intrude into required front yards, except within the front five (5) feet of the required front yard side walls, fences, or hedges will be limited to three (3) feet maximum height. The yard area between the property line and any wall in the front yard shall be landscaped and maintained as a Condition of use by the homeowner. Rear: Ten (10) foot minimum to property line, provided there is a minimum of twenty-five (25) feet between opposing structures. The Planning Commission may approve a five (5) foot minimum to property line for individual lots where topography, odd shaped lots, structures, or subdivision design make compliance with the ten (10) foot minimum impractical. Detached garages and other accessory structures are allowable intrusions into the required rear yard. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 21 • Side: Five ( 5 ) Zere—(9 ) foot minimum to property line, for the first story of the main building, provided there is a ten (10) foot minimum between opposing structures with the exception that patio covers may be permitted within three (3) feet of opposing structures. When the first story of an existing single family structure is built within ten (10) feet or less of the side property line, the side yard or any future second story addition or expansion shall be a minimum of ten (10) feet. Said side vard second story setback shall not be required along any side yard which abuts property zoned for or developed with a nonresidential use (e.g. schools and parks) or a public right-of-way, flood control channel, or utility easement upon which no residential structures may be developed. Additionallv, said second story setback shall not be reguired if no portion of a building or structure (existing or proposed) encroaches through a plane projected from the angles indicated below as measured at a point ten (10) feet above the finished grade level along the side property line toward the opposing side property line: LOT WIDTH ANGLE Less than or equal 55 degrees to 75 feet Greater than 75 feet 50 degrees less than 95 feet Greater than or 45 dearees equal to 95 feet As used in this section, second story setback shall also apply to any portion of the first story consisting of unused air space such as an open beam or vaulted ceiling area (excluding roof and attic space) and measurina twelve feet above the finished floor of the first stor Eaves and other architectural projections may intrude into the side yard up to the maximum, as specified by the Uniform Building Code. Reversed corner lots shall have a street side yard equal to one-half the front yard distance of the lot to the back and reversed corner lot. The yard area between the property line and any wall in the side yard shall be landscaped and maintained as a Condition of use by the homeowner. The Planning Department has made the following interpretations re: side yard setbacks in Woodside Village: With respect to patio covers, said setback will be measured from the supporting posts with an eave overhang into said side yard as specified by the Uniform Building Code. 0239-91/CC/A237ORDMA.NSN/bjc ordinance Amendment April 22, • No. 1878 No. 237 1991 - Page 22 The requirement for ten (10) feet between structures will not be required in the following situations: a. In situations (such as Development Plan No. 1) where 5-foot easements have been provided for open space use by adjoining residents, a 3-foot setback shall be allowed between structures and the side yard property line. In this situation, the setback shall be measured from the eaves and not the supporting posts for patio covers. Supporting posts shall not be allowed in the easement. All other structures shall be allowed to project up to two (2) feet into the easement notwithstanding other provisions of the Woodside Village Master Plan Text (mechanical equipment location, etc.) b. In the situation of attached residences, there is no setback requirement for interior units. However, the location of patio covers or room additions on the side yard property line will be subject to fire wall requirements as required by the Uniform Building Code. Patio covers or room additions may be located a minimum of three feet from the side property line without a fire wall so long as the eave projection is a minimum of two feet from said property line. A ten (10) foot minimum will still be required between structures and side property line from unattached walls or street side yards. 2. Walls, Fences or Hedges: Walls, fences, or hedges not to exceed a maximum height of eight (8) feet may be placed on side and rear property lines. Walls, fences, or hedges, not to exceed eight (8) foot maximum height, on reversed corner lots may encroach into the required side yard to within five (5) feet of the street side property lines. 3. Maximum Unit Size Lot Size (Sq. Ft.) Under 20,000 20.000 - 24.999 25,000 - 29,999 30,000 - 34,999 35,000 - 39,999 40,000 and over Maximum Unit Size (sa. ft.) As determined by a .35 F.A.R., or 4,000 square feet - whichever is less. 4.000 5,000 6,000 7,000 81000 As these figures reflect the maximum allowable unit sizes they shall not be regarded as an automatic right. Each proposal shall be reviewed on a case by case basis and reauires aDDroval of the Plannina Director subject to the following findings: a) The development is consistent with the General Plan, Zoning, and surrounding uses: b The development is harmonious in scale and mass with the site, natural terrain, and surrounding residences; 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 23 c) The development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles. The development can be adequately served by existing infrastructure. The development does not impede the views of surrounding properties. f Z The development does not intrude upon the privacy of surrounding properties. gL Building materials and color are consistent with the existing building and surrounding development. h) The roof of any proposed addition relates to the principal or existing structure roof style and pitch. i. Lot and proposed development conform to all other code requirements. The decision of the Planning Director is appealable to the Planning Commission subject to the procedures outlined in Section 26-212. Detached accessory structures shall not be included in the above maximum unit size figures. The above maximum unit sizes may be increased by uo to twenty-five percent (25%) subject to the approval of the Administrative Review Board (ARB) pursuant to the procedures outlined in Municipal Code Section 26-296. Attached accessory structures including but not limited to guest house, second unit, and aaraae shall be included in the twentv-five percent 25%) figure. An expansion of the above maximum unit sizes by more than twenty-five percent (25%) may be granted subject to the approval of an Unclassified Use Permit (UUP) by the Planning Commission pursuant to the procedures outlined in Municipal Code Sections 26-246 and 26-685.2000. 4. Lot Coverage Dwelling unit and garage total ground floor area shall not exceed 50% of the lot area. 5. Parking Four (4) Two parking spaces per dwelling unit shall be provided, a minimum of two (2) in a fully enclosed garage with a minimum 10' x 20' clear area per parking space and the balance in a driveway. All uncovered spaces shall have minimum dimensions of eight (8) feet by sixteen (16) feet. Additional off-street parking spaces shall be provided on the basis of unit size and in accordance with Section 26-402(d) and (e) of the Municipal Code. 6. Lot Size No minimum lot size. Lot size will be a result of dwelling unit floor area related to and resulting from defined coverage, setback, and yard requirements. 0239-91/CC/A237ORDMA.NSN/bjc ordinance Amendment April 22, • 0 B. No. 1878 No. 237 1991 - Page 24 7. Building Height Ne maximum building height. No building or structure shall have more than two (2) stories, or be more than 25 feet. Attached, Singe Family Dwelling Units, Townhouses, etc.: 1. Yards and Building Setbacks Front: Ten (10) foot minimum from property line for the main building. Twenty-two (22) foot minimum from property line for straight -in garages. The yard area between the property line and any wall in the front yard shall be landscaped and maintained as a Condition of use by the homeowner. Rear: Ten (10) foot minimum to property line, provided there is a minimum of twenty-five (25) feet between opposing structures. The Planning Commission may approve a smaller minimum to property line for individual lots where topography, odd shaped lots, structures, or subdivision design make compliance with ten (10) foot minimum impractical or if the structure adjoins permanent open space in the rear. Detached garages and other accessory structures are allowable intrusions into the required rear yard. Side: Zero (0) foot minimum between attached structures. Ten (10) foot minimum between structures and property line for unattached wall or street side yard. Eaves and other architectural projections may intrude into the side yard up to the maximum, as specified by the uniform building code. Reversed corner lots shall have a street side yard equal to one-half of the front yard distance of the lot to the back of said reversed corner lot. The yard area between the property line and any wall in the side yard shall be landscaped and maintained as a Condition of use by the homeowner. 2. Walls, Fences or Hedges: Walls, fences or hedges not to exceed a maximum height of eight (8) feet may be placed on side and rear property lines. Walls, fences or hedges, not to exceed eight (8) foot maximum height on reversed corner lots may encroach into the required side yard to within five (5) feet of the street side property line. Walls, fences or hedges, not to exceed eight (8) foot height may intrude into required front yards; but within the front five (5) feet of the required front yard said walls, fences, or hedges will be limited to three (3) feet maximum in height. 3. Lot Coverage Dwelling unit and garage total exceed 50% of the lot area. If condominium, coverage shall not project area. ground floor area shall not the dwellings are part of a exceed 50% of the condominium 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 25 4. Parking Two parking spaces per dwelling shall be provided in a fully enclosed garage with a minimum 10' x 20' clear area per parking space. • 5. Lot Size No minimum lot size. Lot size will be a result of dwelling unit floor area related to and resulting from defined coverage, setbacks, and yard requirements. 6. Building Height No maximum building height. C. Multiple Family Dwelling Units: The site development Standards of the West Covina MD-20 Zone shall be used. A waiver of one or more of the development Standards for a specific Development Plan may be granted by the Planning commission, if it finds that there are exceptional physical circumstances applied on the property which substantiate the requested waiver, and that the granting of such waiver will not be materially detrimental to the proposed development or to the surrounding developments. A request for waiver, and the justification therefor, shall be filed in writing at the time that the application for the specific Development Plan is filed. Household pets are allowed, subject to the management decisions of the owners of the multiple family projects. D. Animals Only household pets are allowed and are not to exceed three (3) per dwelling unit and shall be of such type, size, and number so as not to be capable of inflicting harm or discomfort or endangering the peace, health, or safety of any person or property. E. Commercial The site development Standards of West Covina N-C (Neighborhood Commercial) and C-C (Community Commercial) Zones shall be used. In addition to the site development standards of the Neighborhood Commercial (N-C) and the Community Commercial (C-C) Zones, the following shall be applied to auto supply stores that include "installation" and "minor services". 1. Not less than 40% of structures shall be devoted to retail use. 2. No service bays shall open onto a public right-of-way. 3. Landscaping shall conform to the landscaping requirements of the Master Plan. 4. Exterior of the structures to blend with the surrounding development. 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 26 A waiver of one or more of the development Standards for a specific Development Plan may be granted by the Planning Commission, if it finds that there are exceptional physical circumstances applied on the property which substantiate the requested waiver, and that the granting of such waiver will not be materially detrimental to the proposed isdevelopment or to the surrounding developments. A request for waiver, and the justification therefor, shall be filed in writing at the time that the application for the specific Development Plan is filed. F. General The Planning Commission may at the time of approval for a Development Plan or Tentative Tract Map waive specific development Standards as requested by the developer. SECTION NO. 4: It has been determined that this project, which consists of a minor amendment to land use regulations, is categorically exempt pursuant to Section 15305 (class 5 -minor alterations in land use limitations) of the State CEQA Guidelines and no Environmental Impact Report or Negative Declaration of Environmental Impact is required. SECTION NO. 5: The Neighborhood Compatibility Interim Urgency Ordinance (Ordinance No. 1861) is hereby repealed. SECTION NO. 6: The City Clerk shall certify to the passage of the Ordinance and shall cause the same to be published as required by law. ATTEST: L PASSED AND APPROVED THIS "13 day of ;MAY , 1991. City'Clerk 0239-91/CC/A237ORDMA.NSN/bjc Ordinance No. 1878 Amendment No. 237 April 22, 1991 - Page 27 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) *, Janet Berry, City Clerk of the City of West Covina, do hereby certify that he foregoing Ordinance No. 1878was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of April, 1991. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13 day of May, 1991 by the following vote, to wit: AYES: Herf ert, Manners, McFadden, Tarozzi, Jennings NOES: None ABSENT: None C 4, 4 � lz� City Clerk ' /� APPROVED AS TO FORM: City Attorney 0239-91/CC/A237ORDMA.NSN/bjc CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State • of California, dooheQreby certify that a true and accurate copy of Ordinance No. /Q �O was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. 6/W'0-�. Janet Perry, City Clerk City of West Covina, California DATED: r U