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:
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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,
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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
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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
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