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02-04-2014 - Ordinance for Adoption - Repeal of Moratorium on Vacant Properties for Certain Properties in South Hills Area• • City of West Covina Memorandum TO: Mayor and City Council FROM:' Christopher J. Chung City Manager BY: Susan Rush Assistant City Clerk SUBJECT: ORDINANCE FOR ADOPTION AGENDA ITEM NO. 4 DATE: February 4, 2014 PRINTED ON RECYCLED PAPER REPEAL OF MORATORIUM ON VACANT PROPERTIES FOR CERTAIN PROPERTIES IN THE SOUTH HILLS AREA RECOMMENDATION: It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2 2- 5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING ORDINANCE NO. 2243 AND ORDINANCE NO. 2245 PROHIBITING GRADING OR CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED AREAS OF THE CITY DISCUSSION: This ordinance was introduced at the City Council meeting of January 21, 2014. The purpose of this ordinance is to repeal Ordinance No. 2243 and Ordinance No. 2245. The ordinance will become effective 30 days after its adoption on March 6, 2014. � a2� Prepared VMargaret Garcia Deputy City Clerk Z,4x,a� A4,eq� Approved by S san Rush Assistant City Clerk Attachment: No. 1 — Ordinance No. 2 — Staff Report dated January 21, 2014 • ATT 0HMENT NO. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA REPEALING ORDINANCE NO. 2243 AND ORDINANCE NO. 2245 PROHIBITING GRADING OR CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED AREAS OF THE CITY WHEREAS, on May 7, 2013, the City Council adopted urgency West Covina City Council Ordinance No. 2243 prohibiting the construction of residential structures on 79 undeveloped residential lots remaining on the Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Sunrise Road, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road located in the hills of the City of West Covina (the "Properties"), West Covina; and WHEREAS, on June 4, 2013, the City Council adopted West Covina City Council Ordinance No. 2245 extending the effective date of urgency Ordinance No. 2243; and WHEREAS, the City Council has determined that there is no longer a need for the zoning moratorium enacted by West Covina City Council Ordinances No. 2243 and No. 2245. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION NO. 1: West Covina City Council Ordinance Nos. 2243 and 2245 are repealed per the statutory requirements of State law. 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 the repeal of a zoning moratorium ordinance which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: 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. 4: The City Clerk shall certify to the passage of this Ordinance and it shall be published as required by law. APPROVED AND ADOPTED on this 21" day of January 2014. Mayor Steve Herfert ATTEST: City Clerk Nickolas S. Lewis Ordinance No. • • Page 2 I, NICHOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance had its first reading and was introduced during theregular meeting of the City Council on the 21 sc day of January, 2014 and had its second reading and was adopted and passed during the regular meeting of the City Council on the 4'" day of February, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Nickolas S. Lewis APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman 9 TO: Mayor and City Council FROM: Christopher J. Chung City Manager BY: Jeff Anderson, Planning Director • ATTACHMENT NO. 2 City of West Covina Memorandum AGENDA ITEM NO. 11 DATE: January 21, 2014 SUBJECT: ORDINANCES FOR ADOPTION CODE AMENDMENT NO.13-03 RESIDENTIAL AGRICULTURAL/SINGLE FAMILY ZONE DEVELOPMENT STANDARDS REPEAL OF MORATORIUM ON VACANT PROPERTIES FOR CERTAIN PROPERTIES IN THE SOUTH HILLS AREA RECOMMENDATION: It is recommended that the City Council adopt the following ordinances: ORDINANCE NO. COUNCIL OF THE CITY OF WEST AMENDING CHAPTER MUNICIPAL CODE AGRICULTURAL/SINGLE STANDARDS - AN ORDINANCE OF THE CITY COVINA, CALIFORNIA, 26 (ZONING) OF THE WEST COVINA RELATED TO RESIDENTIAL FAMILY ZONE DEVELOPMENT It is recommended that the City Council introduce the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA REPEALING ORDINANCE NO. 2243 AND ORDINANCE NO. 2245 PROHIBITING GRADING OR CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED AREAS OF THE CITY DISCUSSION: The ordinance for the Residential Agricultural/Single Family Zone code amendment was introduced at the City Council meeting of December 17, 2013. The ordinance for the code amendment will amend Chapter 26 (zoning) to require a 10-foot level area in hillside areas between the rear of the house and the slope, to require greater setbacks for decks and balconies, and to require three -car garages for houses greater than 4,500 square feet or 5 bedrooms. At the City Council hearing, an amendment was requested to modify the proposed standards for deck and balcony setbacks to exempt lots from the additional setback requirements if they are adjacent to permanent open space. The following is the proposed standard for deck and balcony setbacks. Required Setbacks for Elevated Structures. All elevated structures shall provide side setbacks of 1.5 times the required side setbacks and shall comply with the required rear yard setback specified in section 26-406. In cases where a side or rear property line is adjacent to a .landscape maintenance district, golf course, country club, park, public school or similar type of permanent open space the setback adjacent to such use shall comply to the standard setback required. This ordinance will take effect on February 20, 2014. In addition, the City Council directed staff at the public hearing to prepare an ordinance for introduction to remove the moratorium on the 79 lots in the South Hills areas. The City Council initially adopted the moratorium on May 7, 2013. The Council extended the moratorium on June 4, 2013. The moratorium is currently in effect until May 7, 2014. A second reading for this ordinance will occur on February 4, 2014. The repeal of moratorium ordinance will take effect 30 days after the second reading. ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHi11s\CC Hearing 2nd Reading.1.21.14\Staff Report.doc R-1 Development Standards & Repeal of Moratorium January 21, 2014 FISCAL IMPACT: There is no fiscal impact with the adoption of an ordinance except for minor costs associated with updating the Municipal Code books. Prep e!d 6yJeff Anderson Planning Director Attachments: 1. Code Amendment Ordinance 2. Repeal of Moratorium Ordinance 3. City Council Staff Report, December 17, 2013 2 • ........_9 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA REPEALING. ORDINANCE NO. 2243 AND ORDINANCE NO. 2245 PROHIBITING GRADING OR CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED AREAS OF THE CITY WHEREAS, on May 7, 2013, the City Council adopted urgency West' Covina City Council Ordinance No. 2243 prohibiting the construction of residential structures on 79 undeveloped residential lots remaining on the Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Sunrise Road, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road located in the hills of the City of West Covina (the "Properties'), West Covina; and WHEREAS, on June 4, 2013, the City Council adopted West Covina City Council Ordinance No. 2245 extending the effective date of urgency Ordinance No. 2243; and WHEREAS, the City Council has determined that there is no longer a need for the zoning moratorium enacted by West Covina City Council Ordinances No. 2243 and No. 2245. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION NO. 1: West Covina City Council Ordinance Nos. 2243 and 2245 are repealed per the statutory requirements of State law. 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 the repeal of a zoning moratorium ordinance which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: 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. 4: The City Clerk shall certify to the passage of this Ordinance and it shall be published as required by law. ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriurnSouthHi11s\CC Hearing 2nd Reading. 1.21.14\Moratorium Termination Ordinance.doc Ordinance No. Page 2 APPROVED AND ADOPTED on this 21" day of January 2014. Mayor Steve Herfert ATTEST: City Clerk Nickolas S. Lewis I, NICHOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the -regular meeting of the City Council on the 21St day of January, 2014 and had its second reading and was adopted and passed during the regular meeting of the City Council on the 4th day of February, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Nickolas S. Lewis APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman ZACase Files\CODE AMEND\2013\13-03 R-1 Stds.MoratoriumSouthHills\CC Hearing 2nd Reading. 1.21.14\Moratoriu:r. Termination Ordinance.doc