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Ordinance - 1358ORDINANCE NO. 1358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 11202 - HILLSIDE (H).OVERLAY ZONE - OF THE WEST COVINA MUNICIPAL CODE (AMEND- MENT NO. 138) The City Council of the City of West Covina does ordain as follows: SECTION 1. Section 11202 of the West Covina Municipal Code is hereby amended in its entirety to read as follows: '11202 HILLSIDE (H) OVERLAY ZONE 11202.01 PURPOSE It is the intent of the City that undeveloped land desig- nated as being within the Hillside Overlay Zone, be developed according to the guiding principles and standards of this section in order to accomplish the following: a) To assure the orderly development of hillside areas. b) To achieve land use densities that are in conform- ance with the General.Plan; however, the uniformity of these densities will be modified by, (1) pro- hibiting development on excessively steep slopes and (2) permitting "density transfers" in order to • achieve specific economic, energy, environmental and aesthetic objectives. c) To promote a development pattern that balances economics with environmental concerns, and private property rights with the public interest. d) To assure land planning and development patterns that take into account the cost -benefits of alterna- tive designs upon city services and fiscal resources. e) To assure development patterns that will minimize the utilization of the critically scarce resources, water and energy. f) To encourage hillside development that will leave a residual amount and pattern of undeveloped land, so as to form the nucleus of a viable open space system in the San Jose Hills. g) To assure the placement of hillside development so that the open space, will coincide with areas of critical environmental concern and/or recreational opportunity. h) `To assure that well -designed residential development occurs, that is compatible with the site and the adjacent hillsides. To assure that hillside development demonstrates a concern for the view of the hills as well as the view from the hills so as to retain the sense of identity and image that these hill areas impart to the City of West Covina and its environs. j) To assure that streets, public utilities and faci- lities are designed and constructed in an orderly, • well -managed, planned manner; with each development taking into consideration its impact on existing and future development in the area. CJ • 11202.01a DEFINITION OF HILLSIDE AREAS The term "hillside areas" as used in this section means those areas which form the complex of'hilly topography commonly known as the San Jose Hills, and are so designated on the City's Zoning Map. 11202.02 APPLICATION Hillside areas shall be designated on the Zoning Map by an "H" Overlay Zone. The provisions of the base zone shall apply except that the provisions of this part shall supersede conflicting provisions of the base zone. Before the "H" Overlay Zone is applied to, or removed from, the Zoning Map, the Planning Commission shall hold a hearing and on the basis of the evidence presented, the Commission shall determine whether the area should be so designated/undesignated. Notice of such hearing shall be in the manner prescribed in this chapter. 11202.02a PROCEDURE The developer of any proposed development.in the Hillside (H) Overlay Zone that involves a division of land, shall submit (1) a site plan, (2) exterior elevations of the residences, and (3) a scale model for any subdivision in conjunction with the Tentative Map. The site plan will be reviewed for compliance with this Ordi- nance, the Subdivision Map Act, the General Plan, applicable Specific Plans, the Zoning Code, grading ordinances, etc. Site plans shall include: a) the location of the dwelling units on the building pads b) delineation of the planted and unplanted portions of the site c) fire trails/ roads d) structures in the open space areas e) any other information the Planning Department deems is necessary for review. -2- f) No division of land or site which does not accommodate disposal and water capacity extension of the facilities • areas which are affected by site plan. plan shall be approved or provide for sewage sufficient to permit an to serve other adjacent the division of land or In addition to the above, the following reports shall be submitted for staff and Planning Commission review when a development site falls within a hazardous geologic area as defined by the Adopted Seismis Safety Element of the General Plan: a) An Engineering geologic investigation based on the most recent grading plan and including adequate description of the geology of the site and conclusions and recommendations re- garding the affect of geologic conditions on the development. b) A Soils Engineering investigation based on the most recent grading plan and including data regarding the nature, distribution, and strength of soils, conclusions, and recom- mendations for grading procedures, and design criteria for corrective measures. 11202.03 SLOPE COMPUTATION • The average slope of a lot or parcel shall be calculated for the purposes of this Section according to the formula S = .0023 I L where: S is the average slope in percent I is the contour interval in feet L is the combined length of contour lines in scale feet A is the gross area in acres of the parcel or as applicable In measuring the slope, a topographic base map shall be used which meets the requirements for tentative maps as specified in the West Covina Subdivision Ordinance. Measurement along contours shall be made at contour intervals not to exceed ten (10) feet. 11202.03a PROHIBITIONS ON DEVELOPMENT OF EXCESSIVE SLOPES Any substantial portion of Hillside area over 45% slope must be left in an essentially natural, ungraded state. Furthermore, it is intended that minimal grading be performed on slopes in excess of 35%, wherever possible. 11202.04 PERMITTED DENSITY IN THE HILLSIDE (H) OVERLAY ZONE The maximum density of any one property within the Hillside • (H) Overlay Zone shall be one dwelling unit per gross acre. This =I= maximum density may not be obtained on sites containing extensive areas of steeply sloped terrain. • 11202.04a DENSITY TRANSFER The number of residential units permitted a property (based on 1 DU/Gr. Ac.) may be transferred and concentrated to a portion of the site when the criteria outlined below occur. The minimum lot size, in such case, shall be 20,000 square feet. The residual open space areas, which are to remain free of residences, shall con- form to the standards outlined in sub -section 11202.06a. The density transfer shall be applied to all Hillside (H) properties where: a) A density transfer will substantially lessen the per unit utility and improvement costs to the developer and to the prospective homebuyer. b) A density transfer will substantially lessen the service costs. c) A density transfer will preserve substantial por- tions' of the hillside critical for natural processes, scenic beauty, wildlife habitat etc., in an essen- tially natural state. d) A density transfer will leave substantial portions • of the site ungraded. It is the intent of this section, that Hillside (H)� properties utilize the a Density Transfer" w erever it is feasible to do so. • 11202.05 DESIGN STANDARDS FOR LOTS UTILIZING THE "DENSITY TRANSFER" The following standards will be adhered to for proposed divisions of land in the Hillside (H) Overlay Zone, that are trans- ferring density. Modifications of these standards will only be per- mitted where it can be demonstrated to the Planning commission that strict interpretation of such standards will prove to be impractical due to the variable nature of hillsides and shall not be detrimental to the environment. a) The minimum lot size shall be 20,000 square feet. b) The minimum lot width shall be 80 feet and the minimum lot depth shall be 125 feet. c) The setback standards shall conform to those of the underlying zone. Variable front yard setbacks may be required where pad size and other environ- mental considerations permit. -4- d) building design shall be compatible to the specific site, the hillside, and neighboring developments. e) Structures, eaves or any building appurtenance over- hanging slopes shall be prohibited and shall have a clear 25 foot setback from location of slope unless waived by the City Building and Fire Departments. 11202.05a DESIGN STANDARDS FOR LOTS NOT UTILIZING THE "DENSITY TRANSFER" The following standards will be adhered to for all proposed divisions of land in the Hillside (H) Overlay Zone, that are not trans- ferring density in accordance with Subsection 11202.04a. a) Minimum lot size shall be one (1) acre (43,560 square feet). Lot dimensions, setback standards, maximum building coverage and other zoning requirements shall conform to Area District V standards. b) Structures, eaves or any building appurtenance over- hanging slopes shall be prohibited and shall have a clear 25 foot setback from location of slope unless waived by the City Building and Fire Departments. 11202.06 CRITERIA FOR SELECTING THE OPEN SPACE AREAS IN A "DENSITY TRANSFER" DESIGN • The developer in formulating, and the Planning Department/ Planning Commission in reviewing, a Site Plan for a density transfer design, shall abide by the following criteria in selecting the open space areas. • a) Lands with steep slopes. b) Lands that have outstanding scenic or ecological value. c) Lands that would assist in the creation of an open space system. 11202.06a REGULATIONS FOR OPEN SPACE AREAS The following regulations shall apply to all common open space areas: a) Such lands shall be preserved in essentially their natural state as a collective private open space owned, maintained and enjoyed by'the tract's resi- dents. -5- b) Development in the common prohibited in a recorded • ority vested in the City the restriction. open space areas will be deed restriction, with auth- of West Covina to enforce c) The City may require easements for public access through portions of these open space areas. Such easements will be conditions of Tentative Map approval, and shall be delineated on the Final Map. 11202.07 LANDSCAPING PLANS As a condition to the approval of (and prior to the re- cordation of) a final map or issuance of building permit (which- ever is first) landscaping plans including planting design and an irrigation system (all of which are prepared by a licensed land- scape architect) shall be submitted by the applicant for review and approval by the Planning Director or his representative. In acting upon landscaping plans, the Planning Director shall con- sider the screening of trash enclosures, parking areas in multiple residential developments, the planting of slopes for both stabili- zation and appearance, and the fire resistance, durability, size, and quality of the proposed plant material. If required, the developer shall provide proof at his own expense, that the above requirements are met. • Applicant shall prepare a statement of the quality of existing vegetation in regard to its ability to prevent soil erosion, pro- vide scenic beauty, protect water resources, and provide fire re- sistence. If existing vegetation is unacceptable to the appro- priate departments in terms of these qualities, it shall be replaced by acceptable material. a) Planting and Irrigation System Plans I. All cut and fill slopes shall be planted with deep-rooted plants that are able to acclimate to the proposed environment. A permanent Ir- rigation system (as approved by'the Planning Director) shall be installed to uniformly cover all planted areas. ii. Slope planting and irrigation systems shall be provided by the developer on all slopes greater than four (4) feet vertical height. Slopes shall be adequately planted with land- scaping consisting of a minimum of 1/3 shrubs and trees. The remainder may be grass or ground cover and trees and shrubs. The final plans showing the landscaping and irrigation shall be subject to the approval of the Flan- • ning Director. All planting and irrigation systems shall be complete and operative before final approval of the grading. iii. Plants consisting of grass, ground cover, shrubs, and trees as recommended in the planting schedule shall be used. • In addition to ground cover plants, approved shrubs having a minimum one (1) gallon size at ten (10) feet on center in both directions on the slope, or trees having a minimum five (5) gallon size at twenty (20) feet on center both ways may be used. A combination.of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of landscape architect and approval of the Planning Director. iv. Irrigation Details Fully automated irrigation systems are required unless waived by the Planning Commission; how- ever, the owner shall be responsible for watering the slopes which have been planted at sufficient time intervals to promote growth. aa. Minimum requirements for low slopes to 15 feet in vertical height: A sprinkler system shall be installed to irrigate such slopes at the time the house plumbing is installed. • If the Planning Director finds the slope is located in an area which makes hand - watering possible, conveniently located hose bibs will be accepted in lieu of the required sprinkler system when a hose no longer than 50 feet can be utilized. bb. Minimum requirements for medium slopes 15 feet or higher in vertical height: An adequate sprinkler system shall be in- stalled during grading prior to planting of shrubs and trees and before final grad- ing is approved by the Building official. cc. Special requirements for sprinkler systems: ..Plans, specifications, and calculations for the sprinkler system shall be sub- mitted to and approved by the Planning Director prior to installation. 40 -7- Sprinkler systems shall be designed to provide a uniform water coverage at a • rate of precipitation of not less than 1/10-inch per hour nor more'than 3/10- inch per hour on the planted slope. In no event shall the rate of precipitation or duration of sprinkling be permitted to create a saturated condition and cause an erosion problem or allow the discharge of excess water into any public or pri- vate street. P_ check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. A functional test of the sprinkler sys- tem shall be performed by the installer prior to approval. Sprinkler systems shall be fully auto- matic unless waived by the Planning Commission. v. Approved Plant List: • All plants required by this part shall be selec- ted from the following list unless approved by the Planning Director (Section 11202.08). 11202.08 APPROVED LANDSCAPE LIST a) Turf: Lawn grasses may be used on any areas that can be mowed (generally 3:1 or flatter). b) Ground cover plantings on steeper slopes: i. Grasses (seed to be planted at 5 to 10 lbs. per 1,000 sq. ft.) aa. Agrostis alba - Red Top bb. Cistus villosus - Rock Rose CC. Dimorphotheca aurantiaca - African Daisy dd. Escholzia california - California Poppy ee. Festuca elatior arundinacea - Meadow Fescue ff. -Festuca rubra - Red Fescue gg. Mimulus longiflorus - Monkey Flower hh. Pennisetum villosus - Fountain Grass ii. Tropaeolum majus - Nasturtium jj. Other grasses and percentages may be recom- mended by a Landscape Architect subject to • approval by the Planning Director. WE • • ii. Ground Cover Plants (May be used in lieu of grasses - to be planted maximum 18" on,center) aa. Arctotheca calendula - Cape Weed bb.. Baccharis pilularis - Dwarf Coyote Bush cc. Carpodrotus edulis - Hot-tentot Fig (May be allowed on banks having less than 3:1 slope) dd. Malephora crocea - Ice Plant (May be allowed on banks having less than 3:1 slope) ee. Rosemarinus officinalis prostratus - Dwarf Rosemary ff. Other deep-rooted ground cover plants recom- mended by a Landscape Architect subject to approval by the Planning Director iii. Evergreen Shrubs aa. Acacia longifolia - Sydney Acacia bb. Acacia cyclops - Cyclops Acacia CC. Baccharis viminea - Mule Fat dd. Callistemon — Bottle Brush ee. Ceanothus grisesus horizontalis - Carmel Creeper ff. Ceanothus obliganthus - Hairy Ceanothus gg. Custus purpurea - Rock Rose hh. Cotoneaster dammeri, C. horizontalis, C. microphilla ii. Eriodictyon trichocalyx - Yerba Santa jj. Escallonia organensis - Organ.Mountain Escallonia kk. Fremontia california - California Fremontia or Flannel Bush 11. Garrya elliptica - Silktassel Bush mm. Genista sagittalis nn. Grevillea lanigers - Wooly Grevilea oo. Heteromeles arbutifolia - California Holly pp. Hypericum calycinum - Aaronsbeard St. Johns - wart qq. Jasminum humile revolutum - Italian Jasmine rr. Jasminum mesnyli - Primrose Jasmine ss. Juniper variety tt. Melaleuca wilsonii - Wilson Melaleuca uu. Nerium oleander - Common Oleander VV. Photinia fraseri - Photinia ww. Prunus ilicifolia - Holly -leaved Cherry xx. Pyracantha fortuneana Graberi - Graber Firethorn yy. Pyracantha Santa Cruz - Prostrate Firethorn zz. Quercus turbinella - Scrub Oak aaa. Rhamus californica - California Buckthorn bbb. Rhus intergrifolia - Lemonade Sumac ccc. Rhus laruina - Laurel Sumac ddd. Rhus ovata - Sugar Sumac eee. Rhus trilobata - Squaw Bush fff. Rosmarinus officnalis - Prostrate Rosemary • ggg. Spartium junceum - Spanish Broom hhh. Other deep-rooted plants as recommended by a Landscape Architect subject to approval by the Planning Director • iv. Trees aa. Eucalyptus citriodora - Lemon Gum bb. Eucalyptus cornuta - Yate Tree cc. Eucalyptus erythornema - Red Flowered Mallee dd. Eucalyptus lehmannii - Bushy Yate ee. Eucalyptus nicholii - Nichol's Willow -leafed Peppermint ff. Eucalyptus preissiana - Preiss Eucalyptus gg. Eucalyptus sideroxylon rosea - Pink'Iron Bark hh. Eucalyptus torquata - Coral Gum ii. Eucalyptus viridis - Green Mallee Eucalyptus jj. Juglans hindsii - California Black Walnut kk. Juniperus chinensis and other varieties (Juniper) 11. Pinus canariensis - Canary Island pine mm. Pinus halepensis - Alleppo Pine nn. Pinus pinea - Italian Stone Pine oo. Pinus torreyana - Torry Pine pp. Prunus caroliniana - Carolina Laurel Cherry qq. Prunus lyonii - Catalina Cherry rr. Schinus molle - California Peppertree ss. Umbellularia californica - California Laurel tt. Other trees recommended by a Landscape Architect subject to approval by the Planning Director 11202.09 LANDSCAPE MAINTENANCE The developer shall plant, water, and maintain each graded slope on unsold property developed with structures until all prop- erties within the development have been occupied. Plants shall be maintained, and replaced if necessary, until the property is sold. Grading bonds shall not be released until the Building and Planning officials certify that the planting meets the requirements of this part. 11202.10 INCENTIVES In'order to encourage developers to build in a manner more suitable to the hillsides, the following incentive is availables -10- Building heights, as permitted in the Zoning Ordi- nance, may be increased by variance approval above • that which is normally allowed when compatible to the surrounding areas. The views from adjacent or neighboring parcels shall not be adversely affected by any such height increase. 11202.11 FIRE PROTECTION a) In fire hazardous areas, unobstructed fire protection equipment access easements shall be required to all parts of the development and to adjacent areas which are potential fire hazards. The Fire Chief shall recommend where such easements are required. b) No ridge which is presently usable for fire fighting shall be graded in relation to hillside development unless an access way is provided around the cut to the top of the ridge for fire fighting equipment (track laying equipment). 11202.12 UTILITIES All utilities shall be placed underground in accordance with the West Covina Municipal Code and approved by the City engin- eer. Transmission lines need not be placed underground if the Pity • Engineer has determined that this is not economically feasible, 11202.13 STREET DESIGN STANDARDS Street design shall conform to the standards and specifi- cations of the Engineering Department." SECTION 2. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law.. Passed and approved this24th day of October' , 1977. Mayor Attest: Cit:Y Clerk s STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. • CITY OF WEST COVINA ) I, LELA W. PRESTON, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. ;1358 was regu- larly introduced and placed upon -its first reading at an.a.djbur.ned regular meeting of the City Council on the 3rd day of October, 1977. That thereafter said ordinance was'duly adopted and passed at a regular meeting of the City Council on the 24th day of October , 1977, by the following vote, to wit::. • AYES: Councilmen: Miller, Chappell, Tice, Shearer. NOES: Councilmen`: Browne. ABSENT: Councilmen: None APPROVED AS TO FORM: City Attorney City lerk -12-