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Ordinance - 167ORDINANCE NO. 167 AN ORDINANCE ADOPTING AIJ OFFICIAL PRECISE PLAID FOR A PEECISED SECTION OF THE L-IhSTER PLAINT OF THE CITY OF NEST C OV INA , AM AIJEI`TD- ING ORDINAi,JCE #147 ENTITLED "AN ORDINANCE ESTABLISHING ZONES IN THE CITY OF WEST COVINA, AND THEREIN REGULATING THE USE OF LAND, HEIGI-IT OF BUILDINGS AND YARD SPACES: ADOPTILITG A 1 AP SHOWIIJG THE BOUIMARIES OF SAID Z OIJ.ES : DEFII,JIITG THE TER1,S5 USED IN THIS ORDIIIdjCE: PR0VIDI1,,G FOR ITS ADJUST- --' I:1NT , AI42,3ITD :,2]4 NT AND ENFORCE1,1ENT : PRESCRIB- ING PENALTIES FOP VIOLATIONS AN REPEALING T �,.,....-� � D RLP.�ALIrJG ORDTNAI'ICES OR PORTIONS OF ORDINANCES IN CONFLICT THEREtVTTH" , BY ADDING A NEN SECTION THERETO TO BE I rTO'VJJIJT AS SECT IOIJ 23. The City Council of the City of :,rest Covina do ordain as folio is : Section 1: Ordinance #147 of the City of West Covina entitled "An Ordinance Establishing Zones in the City of 'West Covina, and therein Regulating the Use of Land, Height of Buildings and Yard Spaces: Adopting a Map Shotiaing the Boundaries of said Zones: Defining the Terms used in this Ordinance: Providing for its Adjustment, Ai endmment and Enforcenent: Prescribing Penalties for Violations and Re- pealing Ordinances or Portions of Ordinances in Conflict Therewith", is hereby amended by adding thereto a new section to number Section 23. Section 23: ARTICLE I A. An Official Precise Plan is hereby adopted and established to preserve the public health, safety and gen- eral welfare, and to provide economic and social advantages -- resulting from an orderly planned use of land and resources. The Official Precise Plan hereby adopted shall be know, -Li as the "Central Business Plan", and is a detailed plan for the following described area of the City of West Covina: Portions of Lots 133, 142, 143, 144, 154, 155, 156, 167, 165, and 169, T.S. J. Baldwin's Fourth Subdivi- sion of a portion of Rancho-- La Puente, as per map recorded in Boole 8, Page 186 of Daps in the office of the County Recorder, Los Angeles County, California, described as follows.: DIE Beginning at the south-easterly corner of the intersection of Sunset Ave. and Garvey Ave. (formerly known as Arroyo Ave.), said point lying in the northerly line of Lot 133; thence south and south-westerly.'along the easterly line of said Sunset Ave. approx- imately 2000 feet to the center -line of Walnut Creek Wash as shown on Los Angeles; County -Flood Control District -Right -of -Way maps 20 R.W:7 and 20 R.W-.8; thence easterly along said center=line of Walnut Creek Wash approximately 4000 feet to the Westerly line - of Glendora Ave.:; thence north -easterly -along said westerly line of Glendora Ave. approxi- mately 2500 feet to the southerly line of the above -mentioned Garvey Ave.; thence westerly along the said southerly line of Garvey Ave. approximately 4500 feet to the point of be- ginning. B. This Ordinance, which defines and makes:' effect- ive the Central Business Plan of the City of West Covina, shall be known as "Central Commercial Development Ordinance". ARTICLE II A. -In order to classify, regulate, -restrict and segregate the uses of land and buildings., to regulate and restrict the height and bulk of buildings, and to regulate the density of population, four classes of zones are established -in the Central Business Plan, to be known as follows: R-A: Residential Agricultural Zone C-2: General Commercial Zone • C-3: Heavy Commercial Zone P-C: Automobile Parking Zone, Commercial which said several zones are hereby established and which said classifications -and zones. are shown and delineated on the -Central Business: plan Map of the City of West, Covina, which is attached hereto and adopted hereby and made a part hereof. Changes in the boundaries of any such zones, may and shall be made by Ordinance. Where uncertainty exists as to the boundaries,of any zone shown upon said Central Business Plan Map, the following rules shall apply: 1. Where such boundaries are indicated as approx— imately following street and alley lines or lot lines,; IRM such lines shall be construed to be such boundaries_; 2. In the case of unsubdivided property and where a zone boundary divides a lot, the location of such boundaries, unless the.same are indicated by dimen- sions, shall be determined by us.e of the scale appear- ing on said zoning map; 3. Where a public street or alley is officially vacated'or abandoned", the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley. The boundaries of such zones as are shown upon the Central Business Plan Map adopted by this Ordinance are hereby adopted and approved and the Provisions and regu= lations of the Zoning Ordinance of the City of West Covina ( Ordinance #147) governing the use of land and buildings, the height -of buildings, and size of yards about buildings and other matters as therein set forth, are hereby esta- blished and declared to be in effect upon all land included within the boundaries of each and every zone shown upon the said Central Business: Plan Miap. 1. "R-A" - Residential Agricultural Zone. - Those regulations set forth in the Zoning Ordinance of the City of West Covina (Ordinance #147) and amendments thereto shall apply unless otherwise provided in this. Ordinance. 2. "C-2" - General Commercial Zone. _Those regulations set forth in the Zoning Ordinance of the City of West Covina • (Ordinance #147) and amendments thereto shall apply unless otherwise provided in this. Ordinance. 3. "C-3" - Heavy Commercial Zone. Those regulations set forth in the Zoning Ordinance of the City of West Covina ( Ordinance #147) and amendments thereto shall apply unless otherwise provided in this Ordinance. 4. UP-C" - Automobile Parking Zone, Commercial. -The following regulations shall apply in the "P-C": -3- (a) USE: Open air, temporary parking of transient automobiles. All such areas shall be paved or otherwise surfaced so as to eliminate dust. ARTICIE III A. Streets;,, Alleys, Set -back. 1. The street, alley, and building line arrange- ment as set forth on Central -Business P1an'Map, designates the location of streets, alleys., and/or building lines.. ARTICIE IV General Provisions and Exceptions. A. USE. 1. General. Except as hereinafter provided,, no building shall be erected,.reconstructed, or structur- ally altered nor shall any building or land be used for any purpose other than is permitted in the zone in which such building or land is located. If any "use" is for any reason omitted from the lists of those specified,aa permissible in each of the various zones here- in designated, or, if ambiguity arises. con- cerning the approximate classification of a particular use within the meaning and intent of this Ordinance, it shall be the duty of the pity Planning Commission to ascertain all pertinent facts concerning said use and by resolution of record set forth its findings S' and the reasons for designating a specific classification for each use and such findings and resolutions shall be referred to the City Council, and, if approved by the City Council, thereafter such designated classification shall govern. (a) Any use in whatever zone, if not wholly enclosed in a building, shall be subject to approval by the City Council after a report thereon by the Planning Commission. Said re- port shall stipulate desirable conditions and shall be based upon facts contained in a written application to the City Planning Commission, -4- provided that no advertised public hearing need be held for the consideration of matters provided for in this paragraph. (b) Where an area or areas, are shown upon the Central Business Plan Map enclosed within a heavy dotted line, the areas thus indicated show the approximate location of an area of proposed future zone, all or any part of which may be changed to the proposed future zone as indicated by the symbol en- closed within a circle in such area or areas. Such areas are presently zoned as "R-A", the authorized use for all or any part of such a proposed future zone may be changed to the designated propos.ed future use as indicated by the symbol enclosed within a circle, pro- vided that first, the rights of way and/or easements as required by the Central Business Plan shall have been granted to the City of West Covina, and, second, provided that the said area shall have been subdivided accord- ing to law in conformity to the said plan, or, provided that a variance shall conform to the said Central Business Plan, and the improvements, rights of way, and/or easements as set -forth in such plan shall have been provided for the areas. for which such vari ances. may be granted, and provided, further, such variance or variances shall conform in their purpose and effect to carry out the provisions of such formally adopted official Central Business Plan of record. (c) In:the event that the classification of property uses in the Central Business Plan is reclassified and/or a variance from the • provisions of the Central Business Plan is granted, the owner or lessee of the property for' which such reclassification and/or ,variance shall be made or granted shall improve, or agree to improve all streets, highways., alleys or ways contiguous to the property for which such reclassification and/or variance shall be made or granted. Such improvements shall be installed in a manner satisfactory to the City Engineer of West Covina in accordance with standard specifications of the City of West Covina. If such improvement work is not com- pleted to the satisfaction of the City Engineer before final action upon said reclassification, -5- I, and/or variance, then the owner or lessee shall enter into an .agreement with the. City Council of West Covina, agreeing to have the work~completed within the time - specified in said agreement and for that purpose the City Council of West Covina may require a bon_ d,_ equal to the cost as. estimated by the City Engineer; to ._as_sure completion of said improvements. -Iri lieu of_ suchbond,,_a deposit, equal to the reas- onable_ cos__ t of said improvement s , may be madewith th eas.urer `of the' City of West China,___ (d) When an area/or areas: is dedicated to the City of West Covina, pursuant to Article IV A 1 (b), and such area/or areas shall be designated as "P-C" Automobile Parking Zone, Commercial, whether or not the same be a portion of a right -of way and/or an easement, and, further, when such "P-C" Zone shall be contiguous to the street frontage of the property, the area/or areas so dedicated may be considered as, and may constitute part or all of the parking space as required by the Zoning Ordinance of the' City of West Covina and amendments thereto. B. AREA DESIGN. Lot lines.: The side lines of all lots, parcels, and/or Building plots, so far as possible, shall be at right angles to the street which the lot, parcel, and/or building -plot faces.,; or radial or approximately radial, if the street is • curved, the street frontage of such lot, parcel, and/or building plot shall not exceed the depth. LOCATION OF UTILITIES. Services from public utilities where provided and from sanitary sewers shall be made available for each lot, parcel, and/or building plot in such manner as will reasonably obviate the'nec- essity for disturbing the street, pavement, gutter, culvert, and curb when service connections are made. M ARTICLE V Reclassification, Amendments, and Variances. A. Power to Reclassify, Amend,; and grant Variances. 1. The classification of property uses in the Central Business Plan and the boundaries•of the Zones, established by this Ordinance, may be amended, reclassified arld altered v°,henever public necessity grad convenience and general welfare require. 2. Variances (a) Men practical difficulties, unnec- essary hardships, or results inconsistent with the general purpose of the Central Business Plan result through the strict and literal interpretation and enforcement of the provisions thereof, variances from the Provisions of the Central Business Plan may be considered which are in -harmony with its general purpose and intent,; so that the spirit of the Central Business Plan shall be observed, public safety and welfare sec- ured, and substantial justice done. B. Procedure-. All proposals for amending zone boundaries, reclassification of property uses, or granting of variances, shall be subject to the procedure in the manner and as provided in the Zoning Ordinance of the City of Vilest Covina and amend - gents thereto, provided however,; that notice of the time and place of public hearings as set forth in Section 17 thereof shall be mailed to all owners of property in the'Central Business Area. PENALTY. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punish- able by a fine of not more than Three Hundred ($300.00) Dollars or by imprisonment in the -County Jail for a period of not more than Ninety (90) days, or both such fine and imprisonment. Each such person; firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance, and any use, occupation or building or structure maintained contrary to the pro- visions hereof shall constitute a public nuisance. -7- If any section, sub -section, clause or phrase of this ordinance is, for any reason, held to be unconsti- tutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance, and each section, sub -section, sentence, clause, and phrase thereof, irrespective of the fact that ' any one or more of the sections, sub -sections, sentences, clauses or phrases might be declared unconstitutional. EFFECTIVE DATE. This Ordinance shall take effect thirty days After the date of its adoption, and prior to the expiration of fifteen days from the passage hereof shall be published once in the West Covina Tribune, a newspaper printed and -published in the City of West Covina, County of Los Angeles, State of California. First read at a regular meeting of the City Council - of said City, held on the 20th day of April , 19491 and finally adopted and or—d—published at a regular meeting of said Council held on the day of , 1949. AYES: NOES: ABSENT Ylayor of the City of West Covina ATTEST: -1 r"Zq- to.. V±&�4 - • City Clerk of the City o Vest Covina