Ordinance - 1956ORDINANCE NO. 1956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER
1 (GENERAL PROVISIONS) AND CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATING TO LIGHT AND GLARE IN
SINGLE-FAMILY RESIDENTIAL ZONES. (AMENDMENT NO. 262)
WHEREAS, Staff has received numerous complaints about individuals regarding
the spill over of light and glare produced onto single-family residential properties from
another one single-family residential property; and
WHEREAS, the Zoning Code requires that light produced by non-residential
properties and multiple -family residential properties be directed away from adjoining
property, but it does not address the issue of light produced on single-family residential
properties; and
WHEREAS, it has been requested that the Zoning Code be amended to facilitate
enforcement in response to these complaints; and
WHEREAS, at the September 7, 1993 meeting of the City Council, staff was
directed to present the issue to the Planning Commission, so- that they may evaluate
amending the code; and
WHEREAS, at the October 25, 1994 meeting of the Planning Commission, a
resolution initiating the amendment procedure was adopted; and
WHEREAS, at the November 22, 1994 meeting of the Planning Commission, a
study session was held to discuss the matter and staff received direction to draft code
language to incorporate into a final resolution for recommendation to the City Council; and
WHEREAS, the purpose of this code amendment is to protect the appearance,
character, and integrity of residential neighborhoods by establishing certain restrictions on
light and glare in single-family residential zones; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
13th day of December, 1994, conduct a duly advertised public hearing as prescribed by
law and approved Planning Commission Resolution No. 12-94-4267 recommending that
the City Council adopt Amendment No. 262; and
WHEREAS, the City Council, after considering evidence presented by the
Planning Commission, Planning Department, and other interested parties at a duly
advertised public hearing on January 3, 1995, continued the item several times to the
meeting of February 21, 1995 in order to allow staff sufficient time to do additional
research; 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
95-0437/C: C C/1 j ay/a262c2or. doc/jay 18/s rg
Ordinance No. 1956
Amendment 262: Residential Light & Glare
March 7. 1995 -Page 2
providing an aesthetically pleasant environment for those who live, work, play and
visit in West Covina; and
2. Spill over of light and glare onto single-family residential properties create negative
impacts that extend beyond the subject property and thereby substantially
impairing the use; enjoyment, and property value of a residential neighborhood;
and
3. Adopting and implementing restrictions on light and glare in single-family
residential property will mitigate potential negative impacts of excessive light onto
other properties, but will not unduly restrict the ability to provide lighting for a
particular residential property; and
4. Lighting for sports courts on single-family residential property is distinct from other
lighting, and therefore, should be reviewed on a case -by -case basis.
NOW, THEREFORE, the City Council of the City of West Covina hereby ordains
as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth,
Amendment No. 262 is hereby found to be consistent with the West Covina General Plan
and the implementation thereof.
SECTION NO. 2: Based on the evidence presented and the findings set forth,
Chapter 1 (General Provisions) and Chapter 26 (Zoning) of the West Covina Municipal
Code is hereby amended to read as follows:
CHAPTER 1. GENERAL PROVISIONS
Sec. 1-37.2. Authority of authorized city employees to issue citations.
The code enforcement officer, assistant code enforcement officer and business license
inspector shall have the authority to issue citations for misdemeanors and infractions as
enumerated herein.
Chapter 3 through 24.
[no change]
Chapter 26 - Zoning.
Sections 26-28, 26-300, 26-301(a),(b),(c), 26-303 (a), (b), 26-304, 26-322, 26-339
(a),(b),(c),(d), 26-340(a), 26-342(a),(b),(c), 26-344(a), 26-391(c),(e)(1),(2),(4),(5),(h),
(j)(1),(2), (k),(I), 26-409, 26-412(a),(b),(c), 26-438, 26-568(b), 26-581(g)(j), 26-597, 26-
604(a),(c), 26-609(b),(c),(d),(e), 26-611(a),(d), 26-672(a),(b),(c),(d),(e),(f),(g),(h),(i),(j),(k).
CHAPTER 26. ZONING
ARTICLE Vill. RESIDENTIAL AGRICULTURAL/ONE-FAMILY ZONES
Sec. 26-391. through Sec. 26-402.
Sec. 26-402.5. Maximum front yard pavement coverage.
95-0437/c: cc/1 jay/a262c2or.doc/jay18/srg
Ordinance No. 1956
Amendment 262: Residential Light & Glare
March 7. 1995 - Page 3
(a) through (h) [no change]
(i) This section shall not apply to private recreation areas as permitted by Section 26-
405.5(d).
Sec. 26-405.5. Exemption from yard and setback requirements.
(a) and (b) [no change]
(c) Flagpoles, and other similar structures, not to exceed twenty-five (25) feet in
height, shall not encroach into any required yard, except in the front yard, rear
yard, or street side yards provided there is a minimum five-foot setback to
adjoining properties.
(d) Swimming pools, spas, sports courts, and other similar private recreation areas
shall not encroach into any required yard, except in the rear yard, and in the front
yard or street side yard when the lot configuration, building placement, and/or
street location justify its location due to the uniqueness of the property as
determined by the planning director, provided there is a minimum five-foot setback
to adjoining properties.
(e) through (h) [no change]
Sec. 26-405.7. through Sec. 26-408.
[no change]
Sec. 26-409. Mechanical equipment and lighting.
(a) through (c)
(d) Lighting shall be designed, installed, and maintained in such a manner that
illumination spillover from such lighting does not exceed 2.0 foot candles above
ambient illumination levels onto another residential property and glare spillover
from such lighting will not negatively impact another residential property.
(1) Illumination and/or glare spillover onto other property shall be measured
from any point five (5) feet above natural grade on a vertical plane on the
other property. Ambient illumination shall include only non-artifical light and
street lights present exclusive of the offending light source.
(2) If, upon inspection by authorized City staff, it is determined that a violation
of this section is occurring, the Planning Director may require mitigation
measures in order to minimize impacts, including, but not limited to:
relocation (setback, height restrictions) of the fixture, reduction of lamp
wattage, the installation of hoods, shields, louvers, or other fixture
accessories to direct light away, the installation of coated or frosted lamp
covers to soften glare, the re -aiming of the fixture, or the placement of
landscaping or fencing as barriers.
(3) Sports court lighting shall be subject to the same standards and require the
review and approval of the Planning Director prior to installation. During this
review, photometric data and other information needed to determine
compliance with these standards may be required by the Planning Director.
95-0437/c:cc/1 jay/a262c2or. doc/jay18/srg
r
•
Ordinance No. 1956
Amendment 262: Residential Light & Glare
March 7. 1995 - Page 4
(4) The restrictions of this subsection shall not apply to decorative, temporary,
seasonal incandescent lights in place and in use during the period from
November 1 and January 31.
Sec. 26-410 through 26-415.
[No change]
SECTION NO. 3: The project is Categorically Exempt as a Minor Alterations in
Land Use Limitations (Class 5) per Section 15305 of the California. Environmental Quality
Act (CEQA) of 1970, as amended.
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 7th day of March, 1995.
ATTEST:
City Clerk
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES)
CITY OF WEST COVINA)
I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 1956 was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 21st day of February,1995. That,
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 7th day of March, 1995.
AYES: Manners, Touhey, Wong, Herfert, McFadden
NOES: None
ABSENT: None
APPROVED AS TO FORM:
&6 eS 91.. 10 xov)
City -Attorney
95-0437/c:cc/1 jay/a262c2or.doc/jay18/srg
City Clerk