01-17-2012 - Urgency Ordinance Establishing a Moratorium to Pro - Item 15 Attach 1 (2).docO R D I N A N C E N O. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA PROHIBITING GRADING OR CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED AREAS OF THE CITY PENDING COMPLETION
OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS AND REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS
CONSTITUTING THE SAME AS AN URGENCY ORDINANCE
THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: Pending the completion of a study by the Planning Commission and/or the adoption of new requirements and zoning regulations, the approval or issuance of any licenses,
permits, grading permits, building permits, tentative parcel or tract maps or other entitlements for the construction of residential structures is prohibited on the following properties.
Tract No. 32324, Lots 18, 25-29, 76-111, 132-136, 139-145, & 193-200; and
Tract No. 47809, Lots 27-31, 33-38, & 137-138
Situated on Skyview Lane, Inspiration Point, Horizon Hills Drive, Majestic Street, And Mountain Ridge Road, West Covina, California ("Properties").
SECTION NO. 2: The City Council directs the Planning Commission to immediately commence studies and hearings pertaining to the proper conditions of approval, and regulations for the
construction of residential structures in hillside areas. cConsideration should be given toof appropriate changes to current zoning standards for enclosed parking, the ratio between
the pad size on a hillside lot and the floor area of the house, the standard for the measurement of building height and number of floors, and decks, and furthermore in consideration
of issues surrounding common area maintenance (landscaping and drainage) and appropriate pad size.
SECTION NO. 3: This Ordinance is an Interim Zoning Ordinance enacted pursuant to Sections 36934 and 65858 of the Government Code of the State of California, and in accordance therewith,
shall be of no further force and effect forty-five (45) days after the adoption of this Ordinance unless after notice pursuant to Section 65090, and public hearing, the City Council
shall extend this Ordinance in accordance with the terms and provisions of Section 65858 of the Government Code. The City Council hereby finds, determines and declares that the immediate
preservation of the public peace, health, safety and welfare necessitates the enactment of this Ordinance as an Urgency Ordinance. The City Council further finds there is a current
and immediate threat to the public health, safety and welfare necessitating the adoption of this Ordinance as an Interim Zoning Ordinance under Section 65858. Said findings are as
follows:
1. The City has been contacted by a perspective developer soliciting information on the possible development of some of the lots within the Properties.
2. If an Urgency Interim Zoning Ordinance is not adopted immediately, the submittal and processing of applications under the existing City of West Covina code provisions could result
in conflicts between existing houses and the proposed houses and could lead to negative circumstances regarding street parking, mansionization, and the maintenance of slope landscaping
and drainage, and render ineffective any new laws, permits, or regulations.
3. Hillside development requires special consideration due to the complexity of balancing the size of the footprint of the house and the level pad area, determination on maximum allowed
height, and ensuring long term maintenance of the hillside landscaping and drainage structures.
SECTION NO. 4: The provisions of this Ordinance shall not apply to the following:
1. The issuance of demolition permits issued by order of the Building Official for purposes of protecting the public health, safety, and welfare due to damage to a structure caused
by fire, earthquake, or other natural calamity.
SECTION NO. 5: 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 the adoption of a zoning moratorium ordinance which does not have the potential for causing a significant effect on the environment.
SECTION NO. 6: The City Council hereby declares it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that
the provisions of this Ordinance are severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
SECTION NO. 7: At least ten days before the expiration or extension of this Ordinance, the City Council shall issue a written report describing the measures taken to address the issues
of concern.
SECTION NO. 8: The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. This Ordinance
shall take effect immediately upon adoption.
PASSED AND APPROVED ON THIS ____ day of ______, 2012.
_____________________________
Mayor
ATTEST:
__________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. _____ was duly adopted and passed at a regular meeting of the City Council
on the _____ day of __________, 2012.
AYES:
NOES:
ABSENT:
____________________________
City Clerk
APPROVED AS TO FORM:
___________________________________
City Attorney