Ordinance - 1239ORDINANCE NO. 1239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, ADDING PART 7 TO CHAPTER 2 OF
ARTICLE IX OF, AND AMENDING SECTION 9216.2 OF,
THE WEST COVINA MUNICIPAL CODE, RELATING TO
. CONDOMINIUMS, INCLUDING THE CONVERSION OF
EXISTING APARTMENTS TO CONDOMINIUMS.
The City Council of the City of West Covina does
ordain as follows:
SECTION 1. Part 7 is added to Chapter 2 of Article
TX of the GTest rnvi nn Muni ni nnl Por3e to ream
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"Part 7 - MF-8 Condominium Zone
9207 CONDOMINIUM ZONE PURPOSE:
• The purpose of the MF-8 Condominium Zone is to classify and
set standards for the orderly development of Condominiums on residen-
tial properties in a manner that will be compatible with surrounding
properties and for the protection of property values. It is intended
that this zone be used to add to the variety of housing types and
densities in the City of West Covina.
9207.1 CRITERIA
(a) Compliance with the General Plan shall be established.
(b) Adequate utility systems (water, sewer, drainage, electrical,
gas, and communications facilities) shall exist or be constructed to
adequately.., -provide -servic.e_,�to the condominium ;projec-t.
(c) Condominium projects shall be located with primary access to
a major or secondary street as shown on the master plan of streets.
(d) A demonstrated public need shall be established, and it shall
be the responsibility of theapplicant to prove that a public need exists
"for the project.
(e) A condominium.may be established on land zoned for multiple
family residential use.
9207.3 DEFINITION
(a) Condominium. A condominium is an estate in real property
consisting of an undivided interest in common in a portion of a parcel
of real property, together with a separate,interest in a space in a
residential building on such property.
Such.estate may, with'respect to the duration of its enjoyment,
be either (1) an estate of inheritance or perpetual estate, (2) an estate
for life or (3) an estate for years, such as a leasehold or a sublease -
hold.
(b) Condominium Project. The entire parcel of real property
divided, or to be divided, into condominiums including all'structures
thereon.
(c) Density (Residential). The number of residential dwelling
units per net acre (net acre equals gross parcel area including open
space and recreational facilities minus area for public or private
streets)
(d) Unit. The element of'a condominium project which is not
owned in common.with the owners of other condominiums in the project.
(e) Common Areas. The entire condominium project excepting all
units therein granted or reserved to individual ownerships.
(f) Open Space. Land areas which are not occupied by buildings,
structures,.streets or alleys excepting other special landscaped areas
or recreationally oriented uses.
1. Common Open Space (Useabl;e)- Open space which is
suitably located and improved for common recreational purposes,
active or passive, and accessible to each lot or dwelling with-
in a development through,a system of public or private walkways.
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2. Private Open Space (Useable) - Open space which is
designed and maintained for the sole and exclusive use of the
occupants of not more than one dwelling and may include covered
patio areas.
(g) C.C. &.,R.'s. Conditions, Covenants and Restrictions of any
. condominium project, community apartment house or any other planned de-
velopment.
9207.4 EFFECT AND INFLUENCE STUDY.
An application for Condominiums (MF-8) zone or an application for
approval of a Precise Plan of Design shall include an effect and influ-
ence study. This study or studies.shall.include, but not be limited to,
the following:
(a) Effect of the,proposed development upon the public school
system.
(b) Effect of the proposed development upon the surrounding
land use and circulated system.
(c) Environmental impact of the proposed development.
9207.5 PRECISE PLAN OF DESIGN.
The filing of a Precise Plan of Design shall be required as part
of an application for Condominium (MP-8) zoning and as specified in
Section 9218, or a Planned Residential Development Overlay zone and
Development Plan as specified in Section 9230. In addition, the follow-
ing shall apply:
(a) Under the provisions of Sections 11535, 11535.1 and 11535.2
of. the State Business and Professions Code (Subdivision Map Act), and to
the extent authorized in Section 11540.1 of the State Business and Pro-
fessions Code, any division of land, two (2) or more parcels, lots or
building sites, and any condominiums, whether the project is to be con-
structed or involving the conversion of an existing structure, shall be
processed in the same manner as a "subdivision The applicant for each
condominium project shall file for a Tentative Tract Map under Article
IX, Chapter I of the West"Covina Municipal Code.
(b) Copies of conditions, covenants -and restrictions that will
apply to the proposed condominium project shall be submitted after the
approval of the project and be approved by the Planning Director and City
Attorney and recorded by the applicant. These C.C. & R.'s shall:
(1) Provide a statement that insures.that each residential
unit shall be used as a residence for a single family only.
(2) Provide for perpetual maintenance of grounds and
buildings.
(3) Include a full statement of the age of the building
and any modification and refurbishing started or completed
within one (1) year of offering the project for sale as a
condominium.
• (4) Provide an explanation to.the buyer of his respon-
sibility for sharing the maintenance and.upkeep of buildings
and structures within the project other than his own unit.
(5) Provide that the names of the officers and members
of the Board of Governors or Homeowners Association shall be
filed.annually with the City Clerk of the City of West Covina.
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(6) Include the following certificate on the Title Sheet
Dedication Clause of the Subdivision map:
"WE HEREBY DEDICATE TO THE CITY OF WEST COVINA THE
RIGHT TO PROHIBIT THE CONSTRUCTION OF ADDITIONAL RESIDEN-
TIAL BUILDINGS THEREON, EXCEPT FOR ADDITIONAL PARKING,
• RECREATIONAL FACILITIES, AND ACCESSORY BUILDINGS, OVER THE
AREA DESIGNATED AS THE COMMON AREA".
9207.6 DEVELOPMENT STANDARDS.
The following development standards shall apply to all new con-
dominium projects except in any approved Planned Community Development
(PCD). The Planning Commission or City Council may grant a waiver of
one or more of the development standards contained in this Part at the
time of application approval. A request for the waiver and the justi-
fication thereof shall be filed at the time that the application is
filed.
(a) Site Size - Each development or project site shall have
a minimum of 2 acres of useable land and a minimum width of 150 feet.
(b) Density The maximum number of dwelling units per net
acre shall be as follows:
Area District I' 8
Area District II & IIA 7
Area, District III 6
Area District IV 5
Area District V 4
(c) Off -Street Parking -
• (1) There shall be two (2) parking spaces provided for.
each dwelling unit at a minimum size of eleven (11) x twenty
(20) feet per space. The required parking shall be enclosed
on four (4) sides with a garage door and roofed. Location of
parking spaces shall be within 60 feet of the dwelling unit.
(2) Guest parking shall be provided one (1) space for
every four (4) dwelling units at a minimum size of nine (9)
x twenty (20) feet per space. The spaces need not be enclosed.
The guest parking shall be located within 150 feet of the units
and dispersed throughout the development.
(3) Carports shall not be permitted.
(4) No off-street parking shall be permitted w.:`thin any
front or side yard setback area when adjacent to a street.
(5) Garages may be located within the side or rear yard
setbacks except when side or rear yards abut a public street.
In no case, however, may a garage be constructed within twenty
(20) feet of any side or rear street or twenty-five (25) feet
of any front street.
(6) No garage shall open directly upon a public street.
(7) Required parking and guest parking shall be main-
tained permanently.
(8) Uncovered spaces, when adjacent to wall shall be
at least eleven (11) feet wide.
(9) Bumper guards or wheel stops shall be provided for
each parking space.
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(d) Building Setbacks from Property Lines
(1) Front - There shall be a front yard setback having
an average depth of twenty (20) feet with a minimum
depth of fifteen (15) feet extending across the full
width of the lot.
(2) Side - Interior - There shall be an interior side
yard setback of not less than ten (10) feet, except
as provided in subparagraph (V) of this section.
Side - Interior Abutting Single Family - When an
interior side yard is abutting Single Family Resi-
dential zoning (R-A or R-1) or development, the
following side yard setbacks shall apply:
One Story - 10 Feet
Two Story - 20 Feet
Side - Adjacent to Side Street - There shall be a
side yard setback when adjacent to a side street
having an average depth of twenty (20) feet with
a minimum depth of fifteen (15) feet extending
across the full depth of the lot.
(3) Rear- There shall be a rear yard setback of a
minimum twenty (20) feet extending across the full
width of the lot, except as provided in subpara-
graph (V) of this section.
(4) General Provisions -
Balconies and exterior stairways shall not project
into any required setback.
(e) Yards Around Buildings
(1) There shall be a minimum yard requirement around
all main building structural faces (exterior
building walls) of ten (10) feet plus two (2) feet
per additional story in height above the first floor
plus one (1) foot per each 20 feet of linear exterior
wall or fraction thereof.
(2) The. sum of the minimum yard requirements around all
main buildings as set forth in (1) above, shall con-
stitute the minimum distance between all main buildings.
(3) Yards as per this section shall be open from the
ground to the sky and shall be landscaped. Exterior
stairways, balconies, and patios may extend into said
yards not more than twenty-five percent (25%).
(4) If parking is provided under the first story of a
building the landscaping requirements are waived for
the distance of the parking spaces.
• (5) Accessory buildings shall not encroach into any yard
requirement of a main building, except as set forth
in Section 9207.6(d) (Building Setbacks from Property
Lines) .
(6) The yard requirement of an obliquely -aligned building
may overlap if approved by the Planning Commission.
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(7) Yards around buildings, as set forth in this section,
may coincide with setbacks from property as required
in Section.9207.6(d); The one having the greater dis-
tance shall prevail.
(f) Maximum Ground Coverage-- Ground coverage shall not exceed
an aggregate area of forty-five percent (45%) of the total lot or parcel
• area. Aggregate area shall be the total amount of land covered by resi-
dential structures, garages, and all paved areas used for parking and
accessways. Decks, patios, recreation rooms, pedestrian. walkways, and
terraces shall be excluded.
(g) Maximum Building Height,- No building or structure shall
exceed twenty-five (25) feet in height, or two stories.
(h) Minimum Floor Area per Dwelling = The minimum floor area
per dwelling unit shall be as follows:
NUMBER OF BEDROOMS
1 2 3 4 More
Area District I 800 Sq. ft. 1000 1200 1350 + 150
II 950 1150 1350 1500 + 150
IIA 1050 1250 1450 1600 + 150
III 1350 1550 1750 1900 + 200
IV & V 1450 1650 1850 2000 + 200
(i) A minimum of 200 square feet of usable common recreational/
leisure space for each dwelling unit shall be provided. Such space shall
have a minimum horizontal dimension of fifty (50) feet to qualify as
usable recreational/leisure space. Recreational/leisure space shall be
distributed throughout the development and readily accessible from all
dwelling units. Such space may extend into the required side or rear
• yards, and only that portion which is utilized for recreational/leisure
space shall be included in calculating the total area. Swimming pools,
putting greens, court game facilities, recreational buildings, and other
similar facilities may be included in this area.
(k) Landscaping
(1) All open areas with the exception of vehicular access -
ways and parking areas, pedestrian walkways, and paved
or covered recreational facilities, shall be landscaped
and irrigated with a fully -automatic system. Such
landscaping and irrigation shall be permanently main-
tained.
(2) All planted areas shall be surrounded by a curb of
concrete or comparable material six (6) inches minimum
above final grade or above asphalt level of the parking
lot. However, when such planted area is adjacent to a
concrete sidewalk, masonry wall, or a building, a
raised concrete curb need not be provided in the adjacent
area.
(3) A minimum twenty-four (24) square feet of planting area
containing at least one (1) tree (minimum 15-gallon con-
tainer size) shall be provided for every ten (10) open
• single row or twenty (20) open double row parking stalls,
and at an average of every two hundred (200) feet along
a row of garage structures.
(4) No planting area shall.,be less than twenty-four (24)
feet or less than three (3) feet in width, with the
exception of raised planter boxes around or in close
proximity to buildings.
(5) Landscaping shall consist of combinations of trees,
shrubs, and ground covers with careful consideration
given to eventual size and spread, susceptibility to
disease and pests, durability, and adaptability to
existing soil and climatic conditions. Fountains,
ponds, sculpture, and decorative screen type walls
• as an integral part of a landscaping scheme are per-
mitted. A majority of plant material used through a
development must be specimen -size material (a combin-
ation of 30" boxed and 15-gallon trees and minimum
5-gallon for shrubs). The yards adjacent to streets
shall be extensively landscaped with specimen land-
scaping.
(6) The landscaping plan shall be drawn to a minimum scale
of one (1) inch for each fifty (50) feet; shall indi-
cate the square footage of each planting area; shall
tabulate the total square footage of all landscaped
areas and percentage of the total site devoted to
landscaping; shall identify at the planting area the
type of plant; shall list the botanical and common
names of all plants with the number of each and their
container size; and shall clearly portray the permanent
irrigation system.
(7) There shall be a minimum three (3) foot wide landscape
planter separating a building or wall from a driveway
or parking area.
.(8) The landscaping and irrigation plan shall be approved
by the Planning Director. He has the right to dis-
approve a landscaping plan if the quantity, size, type,
placement, and use of plant material do not meet the
minimum requirements of this section.
Wa11s
(1) 'A 36-inch high concrete, masonry, or decorative block
wall'shall be provided and maintained on the outside
perimeter of all off-street parking areas abutting or
visible'tfrom a public street, except at points of
ingress and egress for vehicular or pedestrian traffic.
In lieu of the 36-inch high screen wall, land contouring
and.landscaping equivalent to 36 inches in height, or a
combination of wall and land contouring, may be provided
if approved by the Architectural Review Committee.
(2) A 6-foot high solid concrete masonry wall shall be pro-
vided and maintained on the boundary of any MF-8
Condominium zone which abuts or lies across a public
alley from a Residential -Agricultural (R-A) or Single
Family (R-1) zone, except in the front setback area
where such wall shall not be higher than thirty-six (36)
inches where a grade differential greater than one (1)
foot is created on such boundary line. The applicant
shall provide a grading plan and cross sections for
review and approval by the Architectural Review Committee
• which is designed to minimize the grade differential as
much as possible.
(3) All walls shall be architecturally compatible to main
buildings. Type, texture, and color shall be approved
by the Architectural Review Committee.
:WAC
(m)
Refuse Storage - All outdoor trash, garbage, and refuse
storage shall be screened on all sides from public view
by a minimum 52 foot high decorative concrete block or
masonry wall and the opening provided with a gate of
durable wood or comparable material. Such area shall be
so located as to be easily accessible for trash pick up.
Type, texture and color shall be approved by the Archi-
tectural Review Committee.
(n)
Storage - Each unit shall have an enclosed storage cabinet
having a minimum size of one hundred sixty (160) cubic feet.
No inside dimension of such cabinet shall be less than four
W feet. The storage cabinet shall be placed within a
garage or in a cabinet accessible from the exterior and in
close proximity to the unit. The storage of furniture,
appliances, and other similar equipment shall be within
permanent buildings and completely screened from public
view. No required garage shall be used for such storage.
(o)
Building Length - No building shall exceed a length of two
hundred (200) feet. Buildings may be connected with walk-
ways or at the roof, provided minimum distances between
buildings as per Section 9207.5 (e) is met and approved by
the Architectural Review Committee and Planning Commission.
(p)
Lightina - All lighting of the building, landscaping, parking
area, or similar facilities shall be hooded and directed to
reflect away from adjoining.properties.
(q)
Mechanical Equipment - All ground mechanical equipment shall
be completely screened behind a permanent structure, and
all roof top mechanical equipment shall be placed behind
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a permanent parapet wall and shall be completely restricted
from all view. Such screening shall be as high as the
highest portion of the equipment or ducting and shall be
permanently maintained. All wall air -conditioner units
shall be screened from view with material that is compatible
and in harmony with the architectural styling and detailing
of the building.
(r)
Clothes Drying Areas - All clothes drying areas shall be
screened on all sides by a fence or wall not less than
six (6) feet high.
(s)
Development on Lots or Parcels with Existing Single
Family Structures - No MF-8 Condominium development
shall take place on a lot or parcel on which a Single Family
structure is located until such structure is removed.
(t)
Signs - Only the following signs, subject to the following
conditions, are authorized:
(1)_ One name plate per unit, not exceeding one (1)
square foot in area, containing the name and
address of the occupant of the premises.
(2) One interior lighted or unlighted indentifying
sign attached to a main building of no more
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than five (5) square feet.per dwelling unit, up
to a maximum of 40 square feet, at a major
entrance which faces a street.
(3) One interior lighted or unlighted sign attached
to a main building, not to exceed 15 square
feet of surface area, pertaining only to the
sale, Lease, or rental of the particular
building, prop.erty,;, or premises upon which
displayed.
• (4) All attached signs shall be flat -.against the
building or structure and shall not extend above
the top of the wall; must be constructed of
metal,, or comparable weatherproof material; and
shall be enclosed and bird and vermin proof.
(5) Unimproved property shall be permitted one (1)
free -.standing "For,Sale", "Lease", or "Rent"
sign not to exceed six (6) feet in height and
15 square feet per face.
(u) Underground Utilities - All utilities shall be underground
in accordance with Section .7500 of the Municipal Code.
All utility hardward shall be placed underground or shall
be screened from view with a decorative block or masonry
wall or landscaping. Such screening shall'be as high as
the highest portion of the equipment and shall be perma-
nently maintained.
(v) Waiver of ;Setback Requirements - Where MF-8 land is covered
by a Precise Plan of Design and is to be subdivided into
lots, the development standards of Sections 9207.6 (a)
through 9207.6(x) shall apply to each lot, except that rear
acid side yard setbacks may be waived. In such case, no
• fence or wall in excess of 'forty-two (42) inches shall be
constructed within such setback area.
(w) maintenance of Standards - All improvements in the
Condominium (MF-8) zone shall be continuously maintained
in a neat, orderly, and healthy condition. Said improve-
ments shall include (but not be limited to) signs, land-
scaping, off-street parking, storage areas, and walls.
(x) Building Code Conformance - All common walls and ceiling/
floor systems shall be fire proof and sound proof and must
conform to current building standards adopted by the City
of West Covina.
9'207.7. PERMITTED USES.
No building or improvement or portion thereof shall be erected,
constructed, converted, established, altered, or enlarged, nor shall
any lot or premises be used except for one or more of the following
purposes:
(a) Single family condominium dwellings.
(b) Accessory buildings.
• (c) Other uses as specified in Part 16 of this Oridnance after
the granting of an Unclassified Use Permit.
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9207.8 PROHIBITIONS.
(a) Condominium (MF-8) zoned property shall not be used
for any use authorized in Section 9203(a) and 9204(a).
9207.9 CONVERSIONS OF APARTMENTS TO CONDOMINIUMS.
• Any proposal to convert existing apartments (including
those in an approved PCD) to condominiums shall be subject to the
approval of an Unclassified Use Permit, and the filing and approval
of a subdivision map pursuant to the requirements of Section 9207.5.
(Refer to Part 16, Article IX)."
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SECTION 2. Section 9216.2 of the West Covina Municipal
Code is amended by adding subparagraph (f) thereto, to read:
(f) Conversion of apartments to condominiums, including
those in an approved Planned Community Development,
subject to all of the regulations contained in the
MF-8 Zone, except Sections 9207.6(b) - Density; and
9207.6(h) - Minimum Floor Area per Dwelling and
subject to the following minimum floor area per
dwelling unit:
One Bedroom
500
square
feet
Two Bedrooms
650
square
feet
Three Bedrooms
800
square
feet
Four Bedrooms
1000
square
feet plus
150
square
feet per
bedroom over 4
SECTION 3. The City Clerk shall certify to the passage
of this ordinance and shall cause the same to be published as -re-
quired by law.
Passed and approved this
ATTEST:
lit ....
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF WEST COVINA
1974.
I, LELA W. PRESTON, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1239 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the llth day of _ February , 1974. That, there-
after, said ordinance was duly adopted and passed at a regular meeting
of the City Council on the 25th day of February , 1974, by the
following vote, to wit:
AYES: Councilmen: Young, Nichols, Shearer, Chappell, Lloyd.
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED AS TO FORM:
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CIT-y—AX-Cornwy
City Clerk