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Ordinance - 2029ORDINANCE NO. 2029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE TO ESTABLISH REGULATIONS ON MEMBRANE STRUCTURES IN THE RESIDENTIAL AGRICULTURAL "R-A" AND SINGLE FAMILY RESIDENTIAL "R-1" ZONES (CODE AMENDMENT NO. 287). WHEREAS, Code Amendment No. 287 is a City -initiated code amendment to establish regulations on membrane structures in the Residential Agricultural` "R-A" and Single -Family Residential "R-1" Zones within the City of West Covina; and WHEREAS, within recent years there has been a growing proliferation of membrane structures being erected on single-family residential properties within the City of West Covina; and WHEREAS, membrane structures can detract from the overall quality and appearance of the City's single-family neighborhoods and the City is desirous to establish regulations to control these impacts; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 12"' day of January, 1999, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 01-99-4534, recommending to the City Council approval of Code Amendment No. 287; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Division, and other interested parties at a duly advertised public hearing on the 16th day of February, 1999; and NOW, THERFORE, the City Council of the City of West Covina, California, does hereby ordain as follows: SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 287 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 of the West Covina Municipal Code as follows: Add a new Section 26-86 to read as follows: Sec. 26-86. Membrane structure. Membrane structure means or is a sheet of flexible material, fabric or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood or plastic or any other similar material. Membrane structures may be used as tents or to provide shelter or covering for storage of automobiles, boats, recreational vehicles, or other similar uses. Membrane structures include but are not limited to, prefabricated canopies ready-made for simple assembly, and canopies which are built, constructed or composed of parts joined together in some definite manner, but excludes awnings attached to buildings and temporary coverings used to protect property during government -ordered aerial sprayings. [Recodify existing Sections 26-86 and 26-87 as Sections 26-87 and 26-88, respectively. ] Add a new Section 26-411 to read as follows: Ordinance No. 2029 Membrane Structures Page 2 [Recodify existing Sections 26-86 and 26-87 as Sections 26-87 and 26-88, respectively.] Add a new Section 26-411 to read as follows: isSec. 26-411. Membrane structures. (a) Location and size. Membrane structures shall be prohibited in the front yard and street side yard (as defined .under section 26-402.5(c)), with the following exceptions: (1) Membrane structures with a projected canopy area of less than 120 square feet and a height of less than seven (7) feet shall be permitted within a street side yard area that is fully screened by fencing or shrubs at least five (5) feet in height. (2) Membrane structures with a projected canopy area of no greater than 200 square feet, a height of no greater than twelve (12) feet, and a length of no greater than 20 feet shall be permitted in front yard and street side yard areas where located at a distance of 50 feet or greater from the front or street side property line and/or which are not readily visible from the street (as determined by the Planning Director) due to topographical conditions. Membrane structures shall be permitted in other areas of a lot with a projected canopy area of no greater than 200 square feet, a height of no greater than twelve (12) feet, and a length of no greater than 20 feet, with the exception that membrane structures encroaching into the interior side yard and/or the rear five (5) feet of the rear yard shall only be permitted with a projected canopy area of less than 120 square feet and a height of less than seven (7) feet. (b) Repair and maintenance. Membrane structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any membrane structure considered to be in disrepair, as determined by the Planning Director, shall be repaired, replaced or removed from the site. Reflective, mirrored type, covering material shall be prohibited. (c) Lot coverage. Membrane structures requiring the issuance of a building permit (i.e. those that are considered structures as defined by the Uniform Building Code) with a projected roof area or 120 square feet or greater shall be considered building coverage and shall be included in calculations of maximum building coverage as set forth in Section 26-411. (d) Exemptions. This section shall not apply to membrane structures that are erected or displayed for no more than three (3) days per month. 0 [Recodify existing Sections 26-411 and 26-412 as Sections 26-412 and 26-413, respectively.] A • Ordinance No. 2029 Membrane Structures Page 3 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 ATTEST: V ea46 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. 2029 was regularly introduced and placed upon its first reading at a regular meeting of the City,Council on the 16"' day of February, 1999. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16"' day of March, 1999. AYES: . Herfert, Howard, Touhey, Wong, Melendez NOES: None ABSENT: None City Cler APPROVED AS TO FORM: � City Attorney —