Ordinance - 1988N
ORDINANCE NO. 198$
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS
OF CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE
(ZONING) RELATED TO THE CONSTRUCTION OF CERTAIN
RETAINING WALLS AND ELEVATED STRUCTURES WITHIN
0 SINGLE-FAMILY RESIDENTIAL ZONES (CODE AMENDMENT
NO.274).
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 directed staff
to begin preparation of a permanent ordinance; and
WHEREAS, on October 15, 1996 and February 4, 1997, respectively, the
City Council extended the Urgency Ordinance; and
WHEREAS, on December 3, 1996, the Planning Commission conducted a
study session regarding standards for retaining walls and elevated structures;
and
WHEREAS; the Planning Commission did, on the 14th day of January,
1997, conduct a duly advertised public hearing as prescribed by law; and said
public hearing was continued to the 28th day of January, 1997, at which time the
Planning Commission adopted Resolution No. 01-97-4399 recommending to the
City Council approval of Code Amendment No. 274 related to retaining walls and
elevated structures; and
WHEREAS, the City Council considered evidence presented by the
Planning Commission, Planning Department, and other interested parties at a
duly advertised public hearing on the 4th day of February, 1997; and
WHEREAS, studies and investigations made by the City Council and in its
behalf reveal the following facts:
1. 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
2. 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
3. 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
4. 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
5. 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
ZAMORDINSAMORDRET.DOC
Code Amendment No. 274
Retaining Walls and Elevated Structures
February 4. 1997 - Page 2
6. 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
7. It has been determined that the project will not have a significant effect on
the environment and is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA);
NOW, THEREFORE, the City Council of the City of West Covina does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence presented and the findings set
forth, Code Amendment No. 274 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, the City Council of the City of West Covina hereby amends Chapter 26
(Zoning) of the City of West Covina Municipal Code by adding Section 26-412.5
to read as shown on Exhibit "A."
SECTION NO. 3: 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 on this 18 day of February, 1997.
' Mayor
ATTEST:
City rk
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. 1988 was regularly introduced and placed upon
its. first reading at a regular meeting of the City Council on the 4th day of
February, 1997. That, thereafter, said Ordinance was duly adopted and passed
at a regular meeting of the City Council on the 18th day of Feb- , 1997.
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
ABSENT: None
city C
APPROVED AS TO FORM:
0- � M4�
City Atto ney
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