Ordinance - 373ORDINANCE N0, 373
AN ORDINANCE OF THE CITY COUNCIL CF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING SECTION 1 OF ORDINANCE NO. 340 OF THE CITY
OF WEST COVINA ADOPTED SEPTEMSER 23 1954, BEING AN ORDINANCE
ADOPTING A PRUISE PLAN FOR THE DEVELOPMENT OF CERTAIN PROPERTIES
AND AMENDING TfE'; ZONING ORDINANCE, AS AMENDED, OF THE CITY OF
WEST COVIN'A:
WHEREAS, Ordinance No. 11+7 of the City of West Covina,
known as the Zoning Ordinance, and Ordinance No. 325 of the City
of West Covina, being an amendment thereto, classify certain real
property in the City of West Covina and properties to be annexed
to the City of West Covina, and
WHEREAS, said Zoning Ordinance as amended more particular-
ly provides that any property annexed to the City of West Covina
subsequent to the effective date thereof shall be deemed to be
classified as "R-1," as said classification is therein defined,
and
WHEREAS, the City Planning Commission of the City of
West Covina held a public hearing on July 19, 1954, at the hour
of 8:00 otclock P. M. in the West Covina City Hall on a change
_ in or addition to said Zoning Ordinance, as amended, and more
particularly for the purpose of considering an application to
permit the use of certain property, hereinafter more particularly
described, for C-2 purposes and the adoption of a certain precise
plan in connection therewith in order to encourage the proper
development and utilization thereof, and
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WHEREAS, said Planning Commission did, on or before
July 7, 1954, mail in the United States mail a written notice
of said hearing, designating therein the day, hour and place of
said meeting, to every person whose name and address appeared on
the latest available assessment roll as an owner of any property
within the territory covered by°said proposed change and within
not less than 300 feet of the outer boundaries thereof � and
further caused said written notice to be posted in the manner
and within the time required by applicable laws and ordinances,
and
WHEREAS, said Planning Commission after holding said
public hearing on July 19, i954, and a further public hearing on
August 2, 1954, by resolution recommended to the City Council of
the City of West Covina a change in or addition to the Zoning
Ordinance, as amended, of the City of West Covina, to provide
that the aforesaid property, consisting of certain territory
within the City of West Covina and certain territory then designated
by resolution of the City Council as "West Covina Annexation District
• No. 115," should be established as a part of Zone C-2 as defined
therein; approved said precise plan, designated Precise Plan No.
17$ and recommended the adoption thereof or of a similar plan for
a mall -type regional shopping center; and recommended that certain
conditions enumerated by resolution, as aforesaid, be imposed in
connection therewith, and
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WHEREAS, the City Council of the City of West Covina
held a public hearing on August 23, 1954, at the hour of 8:00
otclock P. M. in the West Covina City Hall on said changes or
additions to said Zoning Ordinance, as amended, and the aforesaid
precise plans and recommendations of said Planning Commission, and
0 WHEREAS, the City Clerk of the City of West Covina did,
at least ten (10) days prior to August 23, 1954, mail a written
notice of said hearing designating therein the day, hour and
place of said meeting, to every person whose name and address
appeared on the latest available assessment roll as an owner of
any property within the territory covered by said proposed change
and within not less than 300 feet of the outer boundaries thereof,
and further caused said written notice to be posted in the manner
and within the time required by applicable laws and ordinances,
and
WHEREAS, said City Council, after holding said public
hearing on August 23, 1954 at said hour and place, did, at a
regular meeting of said City Council on the 27th day of September,
1954 duly adopt said Ordinance No. 3401 and
WHEREAS, said Ordinance No. 340 provides for the amend -
went of said Zoning Ordinance, as amended, by adopting as an
Official Precise Plan the aforesaid Precise Plan No. 17 or a
similar plan for a mall -type regional shopping center, under and
pursuant to the provisions of said Zoning Ordinance, as amended,
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subject to certain conditions enumerated therein; and provides
for the amendment of said Zoning Ordinance, as amended, by adding
thereto and as a part of the Zoning Map of the City of West Covina,
certain real property within the City of West Covina, more parti-
cularly described as:
Lots 6 and 7 and that part of Lot 8 lying West of
the Road conveyed by W. G. Kerckhoff to theCountyy of
Los Angeles, by deed recorded in Book 766, 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 41 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, as per map recorded in Book 9 Pages 3 and 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 County distant thereon South
880 56t East 223.96 feet from the Northeast corner of
Lot.71.of said Tract No. 930, said point being in the
Southerly prolongation of the Westerly line of Charter
Oak Creek, 50 feet wide, as shown on the Los Angeles
County Flood Control District map of Walnut Wash, No.
20, R.W. 4, a copy of said map being filed in the office
of the County Surveyor of said County as C.S. Map No,
B-570 Sheet 3, thence along said prolongation and along
• said Westerly line North 3 081 30" West 489.27 feet
to the beginning 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 890 051 5011 West 57.43 feet, thence North
00 5 t lOt' East 116.60 feet, to the North line of said
Lot 5, thence along said North line South 890 051 50t1
East 197.73 feet to the Northeasterly corner of said
Lot, thence along the Easterly line of said Lot 5 and
its prolongation South 00 111 00" West 676.83 feet to
the Southerly line of Arroyo_Avenue, as shown on the
map of Tract No. 930, thence along said Southerly
line North 880 561 West 113.53 feet to the point of
beginning.
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EXCEPTING therefrom that portion of said land in-
cluded in the 57 foot 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 adjoining Garvey Avenue, 100 feet wide, as shown on
County Surveyor's Map No. B-596 on file in the office of
the County Surveyor of said County,
and by adding thereto and as a part of the Zoning Map of the City
of West Covina certain real property theretofore designated by
resolution of the City Council and' referred to in said Ordinance
No. 340 as "Annexation District 115," and more particularly
described in said Ordinance as:
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 and the West 270.6 feet of Lot 2
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
WHEREAS, the aforesaid "Annexation District No. 115"
is now known and designated by resolution of said City Council
as "Annexation District No. 127," and a more appropriate des-
cription thereof, heretofore submitted to and reported favorably
• upon by the Boundary Commission of Los Angeles County with
respect to the definiteness and certainty of the boundaries
thereof, is as follows:
Beginning at a point on the northerly boundary line
of the City of West Covina, as same existed on November 2,
1953, said point being also the southwesterly corner of
Lot 1, Block 27 of the Phillips Tract, as per map recorded
in Book 9 Pages 3 and 4 of Miscellaneous Records in the
office of the County Recorder of said County- thence
northerly along the westerly line of said Lot 1 and the
northerly prolongation of said westerly line to the south-
westerly corner of Lot 8, Block.22 of said Phillips Tract;
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thence northerly along the westerly line of said Lot 8 to
the northwesterly corner of said Lot 8; thence easterly along
the northerl line of said Lot 8 to the northeasterly corner
of said Lot and the westerly boundary line of the City of
Covina as same existed on said date; thence southerly along
the said westerly boundary line of the City of Covina to the
southerly boundary line of said City of Covina; thence easterly
along said southerly boundary line of the City of Covina and
the southerly line of Workman Avenue 66 feet wide to the
easterly line of the westerly 270.6 feet of Lot 2T Block 26
• of said Phillips Tract; thence southerly along said last
mentioned easterly line to the southerly line of said Lot 2
and the said northerly boundary line of the City of West
Covina; thence westerly along said northerly boundary line
of the City of West Covina to the point of beginning,
and
WHEREAS, said Ordinance No. 340 further provides for
the amendment of said Zoning Ordinance, as amended, by excepting
the aforesaid property, as hereinabove and in said Ordinance No.
340 more particularly described, from the particular zone in
which said real property was otherwise placed and designated by
the provisions of said Zoning Ordinance, as amended, and more
particularly by the provisions of Section 3 of Ordinance No. 147,
as amended, and establishing said property as a part of Zone
C-2 under the provisions of said Zoning Ordinance,as amended,
• subject to the conditions particularly enumerated in said
Ordinance No. 340, including the condition that said zoning
change was and is subject to the annexation of that portion
of said real property not within the City of West Covina,
NOW, . THEREFORE, the City Council of the City of
West Covina does ordain as follows:
am
SECTION 1. That pursuant to Section 65807 of the
Government Code of the State of California, Section 1 of Ordinance
No. 340 of the City of West Covina, adopted and approved on the
23rd day of September t 1954, entitled "An Ordinance of the City
Council of the City of West Covinat Californiat Adopting a
• Precise Plan for the Development of Certain Properties in Said
City, Pursuant to Section 14 of Ordinance No. 147 of the City of
West Covina, and Amending Said Ordinance No. 147," be and the
same is hereby amended to read as follows:
''SECTION 1. WHEREAS, Ordinance No. 147 of the
City of West Covina, known as the Zoning Ordinance, and
Ordinance No. 325 of the City of West Covina, being an
amendment thereto, classify certain real property in the
City of West Covina and properties to be annexed to the
City of West Covina, and more particularly provide that
that certain property within the City of West Covina more
particularly described hereinafter is designated as Zone
R-1, and that any property annexed to the City of West
•
Covina subsequent to
the effective date thereof
shall be
classified as 'R-lit
as said classification is
therein
defined; and
"WHEREAS, said Planning Commission did, on or
before July 72 1954, mail in the United States mail a
written notice of said hearing, designating therein the
day, hour and place of said meeting2 to every person
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whose name and address appeared on the latest available
assessment roll as an owner of any property within the terri-
tory covered by said proposed change and within not less than
300 feet of the outer boundaries thereof, and further caused
said written notice to be posted in the manner and within
the time required by applicable laws and ordinances, and
• "WHEREAS, said Planning Commission after holding
said public hearing on July 19, 1954, and a further public
hearing on August 2, 1954, by resolution recommended to the
City Council of the City of West Covina a change in or addi-
tion to the Zoning Ordinance, as amended, of the City of
West Covina, to provide that the aforesaid property, con-
sisting of certain territory within the City of West Covina
and certain territory then designated by resolution of the
City Council as tWest Covina Annexation District No. 115,t
should be established as a part of Zone C-2 as defined
therein; approved said precise plan, designated Precise Plan
No. 17, and recommended the adoption thereof or of a similar
plan for a mall -type regional shopping center; and recommended
• that certain conditions enumerated by resolution, as aforesaid,
be imposed in connection therewith, and
"WHEREAS, the City Council of the City of West
Covina held a public hearing on August 23, 1954, at the hour
of 8:00 otclock P. M. in the West Covina City Hall on said
changes or additions to said Zoning Ordinance, as amended, and
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the aforesaid precise plans and recommendations of said Plan-
ning Commission, and
"WHEREAS, the City Clerk of the City of West Covina
did, at least ten (10) days prior to August 23, 1954, mail a
written notice of said hearing designating therein the day,
•
hour and place of said
meeting, to
every person whose name
and address appeared on the latest
available assessment roll
as an owner of any property within the territory covered by
said proposed change and within not less than 300 feet of the
outer boundaries thereof, and further caused said written
notice to be posted in the manner and within the time required
by applicable laws and ordinances, and
"WHEREAS, said City Council, after holding said
public hearing on August 23, 1954 at said hour and place,
did, at a regular -meeting of said City Council adopt and
approve the aforesaid recommendations of said Planning
Commission,
"NOW, THEREFORE, the City Council of the City of
•
blest
Covina
does
ordain as follows:
That that certain Precise
Plan
No. 17
for
the development of
the real property herein-
after more particularly defined and described, heretofore
approved and adopted by the City Planning Commission and
by the City Council as aforesaid, or a similar plan for a
mall -type regional shopping center, be and the same is hereby
wz
adopted as an Official Precise Plan, under and pursuant to
the provisions of said Ordinance No. 147, as amended, of the
City of West Covina, for the areas hereinafter specifically
described, subject to the following conditions:
"(1) That there shall be established and incor-
Porated 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 donformity 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 adjacent to the within described property to
a 100 foot right-of-way be deeded to the City of West Covina,
in accordance with the Master Plan of Streets and Highways
heretofore adopted and approved by the City;
"(4) That all street improvements outlined in
Section 49 of'Ordinance 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 installation by the State Division of Highways,
the improvements to be installed as the frontage is developed;
"(5) That the area under consideration for this
plan and variande conform to the proposed State Division
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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 ordin-
ance, delays caused by acts of God and circumstances or con-
ditions not under the control of the owners, grantees,
lessees or assignees excepted;
" M 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 construction of any building upon said property
unless the plans and specifications 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
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the City of West Covina; and provided 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 theunderstanding that the City of West
Covina will not be required to participate in any future
improvements within the said creek area;
"(11) That the owners submit this plan to the County
Flood Control and conform to their requirements regarding the
development or improvement 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 contem-
plated and delineated have a minimum total 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 described7 which is directly involved in
such violations shall revert to Zone R-1, as defined in
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Ordinance No. 147,--and the rights and privileges herein granted
shall terminate and cease in the event any such violation is
not terminated 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 diligence2 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, however2 that the rezoning herein involved shall be
fixed and determined as to any portion of the within described
property on which a building permit has been duly issued by the
City of West Covina.
"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 further amended by
adding thereto and" -as a part of the Zoning Map of the City of
West Covina, that certain real property within the City of West
Covina, more particularly described as:
"Lots 6 and 7 and 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 766, page X3 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, as per map recorded in Book 9 pages 3 and
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 County, distant thereon
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South 88° 561 East 223.96 feet from the Northeast
corner of.Lot 71 of Tract No. 930, said point
being in the Southerly prolongation of the Westerly
line of Charter Oak Creek, 50 feet wide, as shown on
the Los Angeles County Flood Control District map of
Walnut Wash, No. 20, R.W. 4, a copy of said map being
filed in ' the office of the County Surveyor of said
County as C.S. Map No. B-570 Sheet 31 thence along
said prolongation and along said Westerly line North
3° o8t 30" West 489.27 feet to the beginning 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 o5t
50" West 57.43 feet, thence North 0° 54t 1011 East
116.60 feet, to the North line of said Lot 51 thence
along said North line South 89° 051 50" East 197.73
feettA the Northeasterly corner, of.said Lot thence
along the Easterly line of said Lot 5 and its pro-
longation South 00 llt 00''' West 676.83 feet to the
Southerly line of Arroyo Avenue, as shown on the map
of Tract No. 930, thence along said Southerly line
North 880 56' West'113.53"feet to the point of
beginning.
"EXCEPTING therefrom that portion of said land
included in the 57 foot 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 adjoining Garvey Avenue,
100 feet wide, as shown on County Surveyor's Map
No. B-596 on file in the office of the' County
Surveyor of said County,
and in addition thereto, by adding thereto and as a part
of the Zoning Map of the City of West Covina, in the event
• of the annexation thereof, that certain real property known
and designated by resolution of the City Council as
'Annexation District No. 127' and more particularly des-
cribed as follows:
"Beginning at a point on the Northerly boundary
line of the City of West Covina as same existed on
November 2, 1953, said point being also the south-
westerly corner of Lot 1, Block 27 of the Phillips
Tract, as per map recorded in Book 9 Pages 3 and 4
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of Miscellaneous Records in the office of the County
Recorder of said County; thence northerly along the
westerly line of said Lot 1 and the northerly pro-
longation of said westerly line to the southwesterly
corner of Lot 8, Block 22 of said Phillips Tract;
thence northerly along the westerly line of said Lot
8 to the northwesterly corner of said Lot 8; thence
easterly along the northerly line of said Lot 8 to
the northeasterly corner of said Lot 8 and the
westerly boundary line of the City of Covina as same
• existed on said date; thence southerly along the said
westerly boundary line of the City of Covina to the
southerly boundary line of said City of Covina; thence
easterly along said southerly boundary line of the
City of Covina, and the southerly line of Workman
Avenue 66 feet wide to the easterly line of the
westerly 270.6 feet of Lot 2, Block 26 of said
Phillips Tract; thence southerly along said last men-
tioned easterly line to the southerly line of said
Lot 2 and the said northerly boundary line of the City
of West Covina; thence westerly along said Northerly
boundary line of the City of West Covina to the point
of beginning.
and all of the aforesaid real property is hereby excepted
from the particular zone in which the same has otherwise
been placed and designated by the provisions of said section
of said Zoning Ordinance, as amended, and all such real
property is hereby established and shall be deemed to be a
part of Zone C-2 under the provisions of said Zoning Ordin-
ance, as amended2 subjects however, to all of the conditions
hereinbefore enumerated."
SECTION 2. That the provisions of this Ordinance shall
not be construed to change and are.not in any way intended to
change any property from one zone to another or to impose any regu-
lation listed in Section 65800 of the Government Code of the State
of California not theretofore imposed thereon or to remove or modify
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any such regulation theretofore imposed, not to effect any change in
or addition to the Zoning Ordinance of the City of West Covina within
the meaning of Sections 65804 and 65805 of said Government Code.
SECTION 3. 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 published once
• in the West Covina Tribune, a newspaper of general circulation pub-
lished and circulated in the City of West Covina, and shall likewise
cause said Ordinance No.340, as hereby amended, to be published in
said West Covina Tribune at the same time, and thirty (30) days from
and after the final passage thereof said Ordinance shall take effect
and be in force.
�? ATTES :
City Clerk
I HEREBY CERTIFY that the foregoing Ordinance was adopted
at an adjourned regular meeting of the City Council of the City of
West Covina, held on the 31st day of January, 1955, by the affirmative
vote of at least three Councilmen, to wit:
.ANES : Councilmen JAMES W. KAY $ERT C. VAN HORN JAY D. BROWN I CAL SPEP.LINZ
NOES: /V6 tV , 10E HURST, MAYOR
ABSENT: ffc- At q
City Clerk of the -City o es ovina
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