Ordinance - 1882ORDINANCE NO. 1882
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE WEST
COVINA MUNICIPAL CODE, CHAPTER 26, AS IT
RELATES TO LANDSCAPE MAINTENANCE (AMENDMENT
• NO. 241).
WHEREAS, the intent of the existing landscape maintenance
requirements is to protect properties in residential neighborhoods
by establishing maximum tolerability limits and minimum maintenance
standards as they relate to the maintenance of residential
properties; and
WHEREAS, there may exist some subjectivity when 'enforcing some
of the standards contained in the current ordinance; and
WHEREAS, upon the advise of the City Attorney, an amendment
to the current standards is in order to establish a more objective
set of criteria when implementing landscape maintenance standards;
and
WHEREAS, the Planning Commission upon giving the required
notice, did on the 15th day of May, 1991, conduct a duly advertised
public hearing as prescribed by law; and
WHEREAS, the City Council of the City of West Covina
considered evidence presented by the Planning Department, Planning
Commission, and other interested parties at a duly advertised
public hearing on the loth day of June, 1991; and
WHEREAS, the oral and documentary evidence considered in
connection with the code amendment reveal the following facts:
1. The General Plan of the City of West Covina maintains as
one of its goals the preservation of the essential
residential character of West Covina - a City of
beautiful homes; the maintenance of existing residential
development; and providing an aesthetically pleasant
environment for those who live, work, play, and visit in
West Covina; and
2. The City Attorney has indicated the language, as
contained in the existing Code, such as "substantial
diminution of value of adjacent properties," "depre-
ciation of the aesthetics of the neighborhood" and
"detrimental effect on adjacent or nearby property," is
subjective, vague and difficult to enforce; and
3. Explicit language which defines overgrown vegetation,
landscaping, and maintenance has been developed to
provide an objective set of landscape standards under
which to better evaluate the maintenance of landscaping
or residential properties; and
4. In light of the fact that West Covina is located in
Southern California, wherein drought conditions are the
rule and not the exception, a definition for drought -
tolerant landscaping systems has also been incorporated
into the new landscape standards.
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NOW, THEREFORE, the City Council of the City of West Covina
does ordain as follows:
Section No. 1: Based on the evidence presented and findings set
forth, Amendment No. 241 is hereby approved as consistent with and
serves to further implement the City's General Plan.
Section No. 2: Based on the evidence presented and findings set
• forth, Chapter 26, ARTICLE VIII, RESIDENTIAL AGRICULTURAL ZONE/ONE-
FAMILY ZONE is hereby amended to read as follows:
ARTICLE VIII. RESIDENTIAL AGRICULTURAL
ZONE/ONE-FAMILY ZONE
Sec. 26-414. Landscape maintenance.
example, the fellewing eenditiens shall be deemed unsightly and
subjeete-reselutienby-previsien-ethis ehaptei if found ez;-any
The purpose of this section is to protect the properties in
residential neighborhoods by establishing minimum maintenance
standards for maintenance of landscaping on residential properties
I_t shall be declared unlawful and a public nuisance for any person
owning, leasing, occupying, or having charge or possession of any
residential property in the city to allow the existence of any of
the following conditions on such property, which conditions are
listed by way of example and not of limitation:
(a) Overgrown vegetation: unmaintained grass lawns and/or weed
areas which are one (1) foot in height or over; which are
likely to attract or harbor rats or vermin; to become a fire
menace when dry; or which are otherwise dangerous to the
Public health and welfare.
(1 Weeds are those uncultivated, noxious plant groups that
compete with cultivated garden plants for water,
nutrients, light, and space.
(b) Dead, decayed_, er diseased trees er weeds er ether vegetati
whieh eenstitutes—unsigh . or hazardous trees
and/or other vegetation.
(c) Lack of landscaping or the maintenance' thereof wh „h results
in a substantial diminutien e€ value-ef adjaeent properties.
- --
ill Landscaping, as used in this section shall, by example
and not by limitation, mean healthy and viable cultivated
vegetation common to most residences and/or planned
drought -tolerant landscaping systems.
LiZ Drought -tolerant landscaping systems are generally
characterized by alluvial rock garden formations
and/or native California flora or other plants
selected for drought tolerance, adaptability and
relationship to West Covina environment; color,
form and pattern; ability to provide shade; soil
retention and fire resistance.
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0
(2)_ Maintenance, as used in this section shall, by example
and not by limitation, mean watering, weeding, pruning,
trimming, mowing, insect control, the replacement of
irrigation equipment as needed to preserve the health and
appearance of landscaping when visible from streets,
rights -of -way, and adjacent properties at or above grade
level.
Violations of this section shall be subject to enforcement
procedures found in section 1-37.2 of the West Covina Municipal
Code. Prier to any —e€€ieia1—teetiee a€—vialatieat, the
resident-fprp-r-ty--ewner will be eent-aeted—requesting veluntary
abatement—ef the --neted—v-ielatien. This section shall not
supersede any provisions or regulations required by public and
governmental agencies that may conflict with the intent and
Provisions contained in this section.
Section No. 3: It has been determined that this project, which
assures the maintenance and protection of the environment, is
categorically exempt pursuant to Section 15308 (Class 8) of the
State CEQA Guidelines and no Environmental Impact Report or
Negative Declaration of Environmental Impact is required.
Section No. 4: The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be published as required by
law.
PASSED AND APPROVED this 24.t1
ATTEST:
c 16� -
City Clem -
I, hereby certify that the foregoing Ordinance was duly
adopted by the City Council of the City of West Covina, California,
at a regular meeting thereof held on 24th day of June 1991, by
the following vote:
AYES Herfert, Manners, McFadden, Tarozzi, Jennings
NOES None
ABSENT None
APPROVED AS TO FORM:
, 1
f . NINE Me,
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City Clerk
•
s
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
ordinance No. /60s 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.
DATED: �/d l
Janet Berry, City Clerk
City of West Covina, California