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Ordinance - 1978URGENCY ORDINANCE NO. 1978 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA EXTENDING URGENCY ORDINANCE NO. 1977 RELATED TO 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 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, 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, on September 17, 1996, the City Council adopted Urgency Ordinance No. 1977 pursuant to Government Code Section 65858, establishing a moratorium on the construction of retaining walls and other elevated structures in excess of four feet in height in single-family residential zones; and WHEREAS, the City Council wishes to continue in effect the urgency ordinance, allowing retaining walls and elevated structures less than eight feet in 4Pheight subject to review procedures and design standards; and WHEREAS, the City Council intends to adopt an extension of this 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: ZACC\ORDI NSDM\RETWALL2. DOC Ordinance No. 1978 Retaining Walls & Elevated Structures October 15. 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, 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. Exemptions. The following structures shall not be subject to the regulations of this ordinance: 1. Retaining walls, decks, patios, view platforms, tennis courts, or other similar structures not more than four (4) feet in height above the lowest adjacent grade, measured vertically at any point along the length or perimeter of such structure; with the exception that retaining walls with a screen wall or fence constructed above such that the combined height of the walls exceeds eight and one-half (8.5) feet above the lowest adjacent grade shall not be exempted. 2. Retaining walls, decks, patios, view platforms, tennis courts, or other similar structures when it has been 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. 3. Retaining walls 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. 4. 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. C. Multiple Retaining Walls. For the purposes of determining height pursuant to this ordinance, multiple retaining walls on the same property separated at any point by less than five (5) feet in horizontal distance shall be treated as a single retaining wall and the total height shall be measured from lowest adjacent grade of the lowest wall segment to the top of the highest wall segment. D. Maximum Height. No retaining wall, deck, patio, view platform, tennis court, or other similar structures may be constructed in excess of eight (8) feet in height above the lowest adjacent grade, measured vertically at any point along the length or perimeter of such structure. E. Approval Required. No retaining wall, deck, patio, view platform, tennis court, or other similar structure eight (8) feet or less in height above the lowest adjacent grade (measured vertically at any point along the length or perimeter of such structure) and not otherwise exempted pursuant to Subsection B. may be constructed without first obtaining approval by the Planning Director. The Planning Director shall be authorized to approve, approve with conditions, or disapprove proposed retaining walls, decks, patios, view platforms, ZACC\ORDINSDM\RETWALL2.DOC Ordinance No. 1978 Retaining Walls & Elevated Structures October 15, 1996 - Page 3 tennis courts, or other similar structures subject to the criteria listed below. F. Criteria. Retaining walls, decks, patios, view platforms, tennis courts, or other similar `structures may be approved when it is determined that the vertical facade of the retaining wall or structure has been designed so as to substantially minimize any adverse aesthetic and visual impact of the retaining wall or structure as visible from surrounding properties or public rights -of -way. Treatments used to achieve this may include, but shall not be limited to: a. Separation of the wall horizontally and/or vertically into smaller segments. b. Use of decorative materials and/or incorporation of decorative design elements on the vertical facade of the retaining wall or structure to enhance its aesthetic appearance or blend it into its surroundings. C. Incorporation of appropriate landscaping at the base of the retaining wall or structure to screen it from open view. G. Noticing and Hearing. For proposals requiring Planning Director approval, notices describing the proposed request shall be mailed to all property owners and tenants within a radius of 100 feet of the subject property. If, within 14 days of mailing said notices, the applicant or any other person or party affected by the proposal submits a request in writing that the matter be considered by the Planning Director in a public hearing, such hearing shall be scheduled pursuant to the same procedures as set forth in Sections 26-205 and 26-206 of the West Covina Municipal Code. Such hearing shall be conducted within 20 days of the date a request for hearing is received. H. Noticing Information. For requests for Planning Director approval, the applicant shall submit a list of the names and addresses of all persons owning property within a radius of 100 feet of the subject property as shown on the latest available assessment rolls of the county assessor, as well as the names and addresses of all tenants of property within a radius of 100 feet of the subject property. I. Appeals. Decisions of the Planning Director to approve, approve with conditions, or disapprove a proposed retaining wall, deck, patio, view platform, tennis court, or other similar structure pursuant to a public hearing as set forth in Subsection G. shall be final and effective five (5) days after the date the decision is rendered unless an appeal is filed in writing with the Planning Commission as set forth in Section 26-212 of the West Covina Municipal Code. J. Referral to Planning Commission. If the Planning Director determines that the public interest would be better served, he/she may elect to not rule on requests for a proposed retaining wall, deck, patio, view platform, tennis court, or other similar structure and instead transfer the matter to the Planning Commission, to be Z:\CC\ORDINSDM\RETWALL2. DOC Ordinance No. 1978 Retaining Walls & Elevated Structures October 15, 1996 - Page 4 heard within 30 days of the date that a determination to do so is provided to the applicant. 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. SECTION 3: Effective Immediately. This ordinance is for the immediate protection of public health, safety, and welfare by establishing regulations regarding 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 As such, this ordinance shall take effect and supersede Urgency Ordinance No. 1977 immediately upon its expiration on October 31, 1996, and shall be effective for 120 days thereafter. PASSED, APPROVED, AND ADOPTED this 15 day of October , 1996. ATTEST:, 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 15 day of October , 1996, by the following vote: AYES: Herfert, Manners, McFadden, Touhey NOES: Wong ABSENT: None City Clerk APPROVED AS TO FORM: Gt Y� eS i G)I J City Aftorney ZACC\ORDI NSDM\RETWALL2. DOC