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Ordinance - 340ORDINANCE NQ.340 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A,PRECISE..PLAN FOR THE DEVELOPMENT OF CERTAIN PROPERTIES IN.SAID CITY, PURSUANT TO.SECTION.14.0F ORDINANCE NO.147 OF THE.CITY.OF WEST COVINA, AND AMENDING.SAID ORDINANCE NO.147 (Batchelder,Jobe,Schofield and..Gauldin). THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: SECTION 1, WHEREAS, Ordinance No.147 of the City of West Covina,.known-as-the Zoning Ordinance, classifies certain properties in the City of West Covina and the property annexed to the City of West Covina by the passage of Ordinance No.291 of the City of West Covina described as 'RWest Covina Annexation -District No.11,5111described as the area.located in the vicinity of Workman Avenue and Citrus..Street, as Zone R-1; and WHEREAS, the City Planning Commission of the City of West Covina has caused to be prepared a precise plan for the development of the above described area to encourage the proper utilization of such properties; and WHEREAS, the said Planning Commission did on July 19,1954, and August 2, 1954, conduct.duly advertised public hearings as pres- cribed by law and duly considered said precise plan; and WHEREAS, by Resolution No.182 the said Planning Commission on August 2, 19549 approved said plan as amended and recommended to the City Council the adoption thereof, subject to the conditions here- inafter'enumerated; and WHEREAS, the City Council of the City of West Covina did on August 23, 19549 hold and conduct a duly advertised public hearing as prescribed by law and considered said precise plan thereat and duly adopted said plan, subject to the stipulations hereinafter enumerated; -1- NOW,THEREFGRE, the City Council of the City of West Covina does ordain as follows: That that certain Precise Plan No.17 for the development of the real property hereinafter more particularly defined and described, in the City of West Covina, heretofore approved and adopted by the City Planning Commission and by the City Council as afore- said, or a similar plan for a mall -type regional shopping center, be and the same is hereby adopted as an Official Precise Flan, under and pursuant to the provisions of Ordinance No.147 of the City of West • Covina, for the areas hereinafter specifically described, subject to the following conditions: (1) That there shall be established and incorporated in said plan as a part thereof a minimum setback line from the westerly property line of fifty (50) feet; (2) That public parking facilities be provided and maintained in conformity with the plan hereby approved and having a minimum parking ratio of two and one-half square feet of parking area to one square foot of floor space; (3) That the area required for the widening of Citrus Street adja- cent to the within described property to a 100 foot right-of-way be deeded to the City of Vest Covina,in accordance with the Master Plan of Streets and Highways heretofore adopted and approved by the City; is (4) That all street improvements outlined in Section 49 of Ordi- nance No.225 of the City of West Covina, including utilities, be installed accordingly and meet the approval of the City Engineer; this to include sidewalks, sanitary sewers and street lights,and all improvements along the -service road on Garvey Boulevard that are not proposed for install- ation by the State Division of Highways, the improvements to be installed as the frontage is developed. :±z (5) That the area under consideration for this plan and variance conform to the proposed State Division of Highways right-of-way; (6) That all improvements permitted or required by this ordinance shall be constructed substantially in accordance with the general plan now on file in the office of the Planning Commission of the City of West Covina, and provided further that the construction of one or more of the group of buildings comprising the mall section of the development in said plan contained shall be commenced within two and one-half years • from the effective date of this ordinance, delays caused by acts of God and circumstances or conditions not under the control of the owners, grantees, lessees or assignees excepted; (7) That a solid wall six (6) feet in height shall be constructed along the line of the described properties wherever such properties abut other real properties developed for residential uses, to serve as an effective barrier between such respective properties; (8) That adequate water supply and fire protection be provided as required by Ordinance No.237; (9) That no building permit be granted for the erection or const- ruction of any building upon said property unless the plans and specifi- cations be first submitted to the Building Inspector of the City of West • Covina, and that said plans and specifications shall in all particulars comply with the building codes or ordinances and sanitary regulations of the City of "West Covina; 'and 'pr'ovided, further, that all required bonds, fees and deposits for improvements be deposited*with the City before building permits be issued; (10) That Charter Oak Creek within the boundaries of the properties herein described be maintained by the owners and developers with the understanding that the City of West Covina will not be required to parti- cipate in any future improvements within the said creek area; -3- (11) That the owners submit this plan to the County Flood Control and conform to their requirements regarding the development or improve - went of Charter Oak Creek; (12) That approval herein referred to is subject to the completion of the annexation proceedings of the area not within the City of West Covina; (13) That the major unit delineated in said plan be developed on that portion of the properties described which are located east of • Citrus Street; (14) That the major store in said plan contemplated and delineated have a minimum,floor area of,100,000 square feet; (15) That in the event any of the provisions of this ordinance are violated any undeveloped portion of the property herein described which is directly involved in such violation shall revert to Zone R-1, as defined in Ordinance No.147, and the rights and privileges herein granted shall terminate and cease in the event any such violation is not ter- minated within thirty (30) days or such further time as the City Council may decide that the owner or owners of said property, in the exercise of due diligence, requires to correct such violation, after the owner or owners of said property have been given written notice by the City • Council of such violation. Provided, however, that the rezoning herein involved shall be fixed and determined as to any portion of the within described,property for which a building permit has been duly issued by the City of West Covina. -4- That Section 3 of Ordinance No,147 of the City of West Covina, known as the Zoning ordinance$ adopted January 21, 1948 as amended, be and the same is hereby amended by adding thereto and as a part of the Zoning Map of the City of West Covina, the following: The hereinafter described real property, to wit: Lot 8, Block 22; Lot 1, Block 27, of the Phillips Tract, as per'map recorded in Book 9 pages 3 and 4 of Maps in the office of the County Recorder of Los Angeles County; and Lots 3, 4, 6 and 7, the West 270.6 feet of Lot 2 and all that part of Lot 8 lying,West of the Road conveyed by W.G.Kerckhoff to the County of Los Angeles, by deed recorded in Book 7669-page 243 of Deeds, all in Block 26 of the Phillips Tract$ in the County of Los Angeles, State of California, as per map recorded in Book 9, pages 3 and 4, Miscellaneous Records of said County; and that portion of Lot 5 in Block 26 of the Phillips Tract in the Rancho La Puente, in the City of West Covina, in the County of Los Angeles, State of California, iao as per map recorded in.Book 9 Pages 3and 4 of,Miscellaneous Records in the office of the County Recorder of said County, included within the boundaries described.as follows; Beginning at a point in the South line.of ' Arroyo Avenue, as shown on the map of Tract No,930 recorded in Book 17 Pages 38 and 39 of Maps in the office of the County Recorder of said Countyv distant thereon South 880 56''East 223.96 feet from the Northeast corner of Lot 71 of said Tract NO,930, said point being in the Southe . rly prolongation of the We . sterly line of Charter Oak Creek, 50 feet widep as shown on the Los Angeles County Flood Control District map of Walnut Wash, No,201 R.W. 49 a copy of said map .being filed in the office • of the County Surveyor of said County as C.S.Map No.B-576 Sheet 31 thence along said prolongation and along said Westerly line North 30 081 30" West 489,27 feet tothebeginning.of a tangent curve concave Easterly having a radius of 598.69 feet, thence Northerly along said curve 71.34 feet, thence leaving said Westerly line North 890 05, 50"*West 57.43 feet, thence North 00 541 100 East 116.60--feet, to the North line of said Lot 5t_thence along said North line S'O'uth.,.890 05, 501t East 197,73 feet to the Northeasterly corner of said Lot, - thence along the Easterly line of said Lot 5"and its prolong- ation South 00 11, 0011 West 67603 feet.to the Southerly line of Arroyo Avenue, -as shown on the map of said Tract No.930, thence along said Southerly line North 880 561.West 113.53 feet to the point of beginning. -5- EXCEPTING therefrom --that portion of said land included in -the 57.feet-strip of land described in the -deed -to the State of California recorded -in Book 18099 Page 243, Official Records of said County, being- -the "Southerly 57 feet of.the-portion of -said -Lot 5 lying Northerly of and adjoin- ing Garvey Avenue, 100 feet wide, as shown on County Surveyorts Nap No.B-596-on file in the office of the County Surveyor -of said Countyt be and the same is hereby excepted -from -the particular -zone in which such real property has otherwise been placed and designated by the provisions of this section, and all such real property and territory is hereby granted -a variance.so as to -establish said property and territory as'a part of Zone C-2t under the provisions of said ordinance No,147, subject, however, to all of the conditions hereinbefore enumerated* SECTION 2, The City Clerk shall certify to the adoption of this Ordinance, and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same to be posted with the names of the members voting for and against the same, in three I places within the Coty, in the manner required by the laws and ordinances in the City of West Covina, and thirty (30) days from and after the passage thereof said Ordinance shall take effect and 0 be in force, City er ED I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the e City Council of the City of West Covina, -6- held on the 27th day of Sept,ember,1954, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen JAMES W. KAy JVER.T C. VAN HOR-NjAy D. BROWM J. CAL SPERLINE7 NOES : d iv, (f, ABSENT: JOE 11URST, MAYOP, Uity Ulerrc of The City oF West Covina • STATE OF CALIFORNIA COUNTY OF LOS-ANGELES ss. CITY,OF,WEST,COVI.NA.­ ROBERT FLOTTENy being by me -first duly sworn, deposes and says:' That.be,is,.the.City Clerk -of the City of West Covina, Calif- ornia; a citizen of the'United States and -over the age of 21 years; that on the _4r10- day of _54*496341 1954, he posted three copies of Ordinance 17o.340 of the City_ofWest Covina-9 entitled ff AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINAtCALIFORNIA9 ADOPTING A PRECISE -PLAN FOR - THE ...,DEV`tLOPXENT_,OF CERTAIN PROPERTIES. IN SAID CITY, PURSUANT td'SECTION 14 OF ORDINANCE NO.147 OF THE CITY OF WEST COVINA, AND AMENDING . SAID.,,ORDINANCE NO.147 (Batchelder, Jobe2 Schofield and-Gauldin)wg,in three public places in said City, to wit: One at the Police Office'q 1444 West Garvey Boulevard, one in front of the West Covina School House, and one at the north- west corner of Puente Street and Lark El Boulevard, City Clerrc �j Subscribed sworn and � LAL� , AoAffme t,,V-2 his . day of LZTAJI*o Angeles, State of California. My Commission Expires August 12, W -7-