Ordinance - 1235ti
ORDINANCE NO. 1235
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA PROHIBITING THE ISSUANCE OF
GRADING PERMITS FOR THE GRADING OF HILLSIDE
AREAS, EXCEPT UPON AUTHORIZATION OF THE
• PLANNING COMMISSION DURING A PERIOD OF STUDY
NOT TO EXCEED 90 DAYS AND DECLARING THE
URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY.
WHEREAS, Section 65858 of the Government Code of
the State of California authorizes the adoption of an interim
ordinance as an emergency measure prohibiting any usage of
land which may be in conflict with a contemplated zoning
proposal which the legislative body, or Planning Commission,
or the Planning Department is considering, or studying, or
intends to study within a reasonable period of time; and
WHEREAS, the City Council has requested that the
Planning Commission study the existing grading ordinances
of the City and recommend any changes that are necessary
or desireable to control the indiscriminate grading of hillside
areas within the City of West Covina;
NOW, THEREFORE, the City Council of the City of West
Covina does ordain as follows:
SECTION 1. Notwithstanding any other provisions of
the West Covina Municipal Code, no grading permit shall be
isissued for any hillside grading project within the City of
West Covina unless:
1. The applicant has met all of the requirements
that are applicable to property in the Hillside
Overlay Zone (West Covina Municipal Code Sections
9229 to 9229.10 inclusive), and would be entitled
to the issuance of a grading permit if the
property covered by the application was in the
Hillside Overlay Zone, or
2. The application for the grading permit is accom-
panied by a site plan prepared in accordance
with the requirements of the Hillside Overlay
Zone (West Covina Municipal Code Sections
9229 to 9229.10, inclusive), and the site plan
has been approved by the Planning Commission.
SECTION 2. This ordinance shall apply to all areas
of the City not included in the Hillside Overlay Zone and shall
be specifically applicable to those areas of the City located
south of the San Bernardino Freeway, and easterly of a westerly
line formed by Citrus Street, south to Vine, vilest on Vine to
Azusa and south on Azusa to the City limits.
0
J
•
11
SECTION 3. Nothing in this ordinance shall prohibit
the issuance of grading permits for the construction of
swimming pools or additions to a single family residence.
SECTION 4. This ordinance is declared to be an
ordinance for the immediate protection of the public health,
safety and general welfare. The facts constituting the
urgency are as follows:
The grading of hillside areas may have a substantial
and adverse effect upon the environment of the area and
additional controls may be necessary to mitigate any adverse
effect. The protection of the public peace, health and safety
require temporary regulations for the control of such projects.
SECTION 5. This ordinance shall take effect upon its
adoption and shall continue in effect for a period of no longer
than four (4) months, provided, however, that after notice pursuant
to Section 65856 of the Government Code and a public hearing, the
City Council may extend the effectiveness of this ordinance for
eight months.
SECTION 6. The City Clerk shall certify to the passage
of this ordinance and cause the same to be published in the manner
required by law.
Passed and approved this
ATTES
- uity yierx
STATE OY CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF WEST COVINA,
10t 'U of December, 1973.
Ma o
I, LELA W. PRESTON, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1235 was
regularly introduced and passed at a regular meeting of the City
Council on the loth day bf December, 1973, by the following
vote, to wit:
AYES: Councilmen: Young, Nichols, Shearer, Chappell, Lloyd.
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED AS TO FORM:
/*--y 4
7CAy Attorney t4'
7-City Cler-k-A"
-2-