Ordinance - 19770
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URGENCY ORDINANCE NO. 1977
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA
ESTABLISHING A MORATORIUM ON THE
CONSTRUCTION OF CERTAIN RETAINING WALLS
AND ELEVATED STRUCTURES WITHIN SINGLE-
FAMILY RESIDENTIAL ZONES.
WHEREAS, Chapter 26 of the West Covina Municipal Code (Zoning)
currently does not contain standards to regulate the height or design of retaining
walls or other elevated structures within single-family residential zones; and
WHEREAS, the lack of such standards has resulted in the construction of
retaining walls, elevated decks, patios, view platforms, and tennis courts that
have created adverse aesthetic impacts on adjacent residents and the
community as a whole, and may be or may become unsafe; and
WHEREAS, local legislation based on aesthetic and safety concerns is a
legitimate exercise of a community's police powers to protect the public health,
safety, and welfare; and
WHEREAS, the establishment of reasonable controls to provide for the
aesthetic quality of retaining walls and other elevated structures will serve to
protect the positive image of the community and its property values; and
WHEREAS, one of the stated goals of the West Covina General Plan is to
"provide and maintain an aesthetically pleasant environment for those who live,
work, play and visit in West Covina," and the adoption of this ordinance will serve
to advance the achievement of this goal; and
WHEREAS, alternative design solutions for retaining walls and other
elevated structures are typically available that can allow property owners to
achieve their objectives for development of their property without creating
adverse aesthetic impacts; and
WHEREAS, it is the intent of the City Council to establish a moratorium on
the construction of certain retaining walls and other elevated structures at this
time as an urgency ordinance, with the further intent that at such time as this
ordinance may be extended, consideration will be given to imposing less
restrictive regulations that will allow retaining walls and other elevated structures
to be constructed subject to certain controls and/or discretionary review. These
Urgency measures shall remain in effect until such time as other permanent
zoning measures may be studied, considered, and adopted; and
WHEREAS, the City Council believes that, based on the statements cited
above, the current absence of controls on the design and construction of
retaining walls and other elevated structures poses an immediate threat to the
public heath, safety, and welfare, and that the construction of further retaining
walls and other elevated structures of excessive height would result in that threat
to the public health, safety, and welfare; and
WHEREAS, the City Council intends to adopt this ordinance as an interim
urgency ordinance pursuant to the provisions of Government Code Section
65858.
NOW, THEREFORE, the City Council of the City of West Covina hereby
ordains as follows:
J
ZACC\ORDI NSDWRETWALLS. DOC
Ordinance No.
Retaining Walls & Elevated Structures
September 17. 1996 - Page 2
SECTION 1: Notwithstanding any provisions of the West Covina
Municipal Code to the contrary:
A. Applicability. This ordinance shall apply to properties
located in the Residential Agricultural (R-A) Zone, One -Family (R-
1) Zone, Specific Plan 2 (SP-2) Zone, Specific Plan 5 (SP-5) Zone,
0' Specific Plan 6 (SP-6) Zone, and Specific Plan 7 (SP-7) Zone, and
properties developed with single-family residences located in the
Planned Community Development 1 (PCD-1) Zone.
B. Moratorium Established. During the term of this ordinance, none of
the following structures may be constructed, nor may any existing
structures be increased in height or area in excess of the limits
prescribed below:
1. Retaining walls in excess of four (4) feet in height above the
lowest adjacent grade (measured vertically at any point
along the length of the wall).
2. Decks, patios, view platforms, tennis courts, or other similar
structures that are constructed in excess of four (4) feet in
height above the lowest adjacent grade (measured vertically
at any point around the perimeter of such structure).
C. Exceptions.
1. -Retaining walls, decks, patios, view platforms, tennis courts,
or other similar structures in excess of the height limits
prescribed in Subsections B.1. and B.2. may be constructed
when it is determined in advance by the Planning Director
that such structures will not be readily visible from ground
level of surrounding property or public right-of-way.
2. Retaining walls in excess of the height limits prescribed in
Subsection B.1. may be constructed when it is determined in
advance by the City Engineer that such retaining walls are
necessary for reasons of emergency slope stabilization
and/or public safety and no other feasible means of
achieving the same is available.
3. This ordinance shall not apply to decks or balconies
constructed with access directly from the second story of a
residence and not extending horizontally over a sloped area
with a grade of 3:1 or steeper.
4. This ordinance shall not apply to the ordinary maintenance
and repair of existing retaining walls, decks, patios, view
platforms, tennis courts, or other similar structures.
SECTION 2: Severability. Should any section, subsection, clause, or
provision of this urgency ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity
or constitutionality of the remaining portions of this urgency ordinance; it being
hereby expressly declared that this urgency ordinance, and each section,
subsection, sentence, clause, and phrase hereof would have been prepared,
proposed, approved, and ratified irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
ZACC\ORDINSDM\RETWALLS.DOC
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Ordinance No. 1977 0 1*
Retaining Walls & Elevated Structures
September 17. 1996 - Page 3
SECTION 3: Effective Immediately. This ordinance is for the immediate
protection of public health, safety, and welfare ,by preventing the construction of
retaining walls and elevated decks that may create adverse aesthetic or safety
impacts until such time as other reasonable zoning controls may be established
and, a s such, shall be effective immediately and shall be effective for 45 days
from the date of its adoption pursuant to the provisions of Government Code
Section 65858.
PASSED, APPROVED, AND ADOPTED this 17thday of September , 1996.
i ! --
Ly NIP
ATTEST:
64t-'l e
City Clerk
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 held on the
17th day of September, 1996, by the following vote:
AYES: Herfert, Manners, McFadden, Touhey
NOES: Wong
ABSENT: None
APPROVED AS TO FORM:
City'Aliorney
U
City Clerk
ZAMORDI NSDM\RETWALLS. DOC