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Ordinance - 1383ORDINANCE NO. 1383 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CHAPTER 3 OF ARTICLE VII.OF .THE WEST COVINA MUNICIPAL CODE PER- TAINING TO GRADING AND AMENDING ARTICLE VIII OF SAID CODE RELATING TO BUILDING WATER SUPPLY FOR FIRE PROTECTION, REQUIREMENTS FOR CONSTRUCTION OF IMPROVEMENTS WITHIN THE PUB- LIC RIGHT-OF-WAY, REGULATIONS FOR MOVING OF BUILDINGS AND TO A SYSTEM OF STREET NUMBERING SECTION 1. 3 of Article VII Covina Municipal SECTION 2. is hereby amended follows: Sections 7301 through 7320, inclusive, of Chapter and Chapters 2 and 3 of Article VIII of the West Code are hereby deleted. Article VIII of the West Covina Municipal Code by adoption of Chapters 2, 3, 4 and 6 to read as Chapter 2 - BUILDING WATER SUPPLY FOR FIRE PROTECTION 8200. WATER SYSTEM REQUIRED. No new building or structure shall hereafter be erected, • constructed, or relocated upon any property within the City of West Covina, unless there is, or.is made available, a water system for fire protection as required by the Fire Code. When such a system is not immediately available, no building permit;=:for construction shall be issued until arrangements have been made to.;secure installation of said required fire protection system. Surety.of the installation shall be in the form of an agreement and cash.or.-surety bond guaranteeing installation of necessary conduits; pipes, hydrants, and other appurtenances required. The amount of such bond shall be determined by the City Engineer. 8201..REIMBURSEMENT AGREEMENT.--, When a person is required to install facilities which will also benefit property other than hi,s own, the City or water purveyor may enter into a reimbursement agreement wherein the City orwwater purveyor may agree to reimburse such person as, if and when, and to the extent that it received payment -hereunder from other property so benefitted, and may, make such reimbursement in accordance with such agreement. h 8202. EXISTING FACILITIES. Where fire protection facilities exist, by reason of a reimbursement agreement or by reason of construction by the City, • and the benefitting lot or parcel has not been taxed or assessed for such facilities, or has not paid its just share of the costs of providing the facilities, the owner or applicant for a building permit for construction, addition or alteration work on said bene- fitting lot or parcel shall pay to the City the just share of the cost of facilities attributable to such lot or parcel under any such reimbursement agreement or contribution or payment by the City for such facilities. Exceptions: • 1. This section shall not apply to additions made to a single family residence where the square foot area of such additions does not exceed fifty percent of the area of the residential portion of the building existing prior to addition. 2. This section shall not apply to altera- tions made to a single family residence when the value of the proposed alterations does not exceed fifty percent of the value of the building being altered prior to its alteration. 3. This section shall not apply to construc- tion of or additi.on to garages, carports, storage buildings or similar non-residen- tial buildings accessory to a single family residence, when the construction or addition does not exceed 500 square feet in area. 8203. PREPARATION OF MAP. In order to determine the application of this Chapter, the Fire Chief shall prepare a map or maps showing specifically any • single family residential properties lacking necessary fire protec- tion system. The map shall be delivered to the Building and Safety Department for use in enforcement of this Chapter. Any building permit issued contrary to the provisions of this Chapter is hereby declared invalid and is automatically revoked. L-1 - 2 - Chapter 3 - CONSTRUCTION OF PUBLIC RIGHT OF WAY IMPROVEMENTS IN CONJUNCTION WITH BUILDING CONSTRUCTION 8300. STREETS AND HIGHWAYS - DEDICATION REQUIRED No.building or structure shall be erected, enlarged • or altered and no property shall hereafter be improved for parking purposes, and no building permit shall be issued therefor, unless the one-half of the street, which is located on the same side of the center line of the street as such lot, has dedicated right- of-way for full width of the lot so as to meet the Master Plan and/or Standards for such street. In addition to required dedi- cation for street purposes, additional dedication for storm drain, sewer, water or other utility purposes may also be required in connection with building permits where such dedication is necessary to prevent the flooding of adjacent or nearby properties or to permit connection to required utilities. No building or structure shall hereafter be erected on any lot within a public easement unless an encroachment permit has been issued by the City Engineer. Any person required to dedicate land by this section shall make an offer to dedicate property, executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by a current preliminary title report prepared by a title company approved by the City Engineer. Such report shall be on a form approved by the City Attorney and the City Engineer; be in such terms as to be binding on the owner, his heirs, assigns or .successors in interest; and shall continue in effect until the City Council accepts or rejects such offer. • 8301. CONSTRUCTION OF STREET IMPROVEMENTS - REQUIRED GENERALLY Any person, owner, lessee, or agent constructing or arranging for the construction of any parking lot or commerical, residential or industrial building, or buildings, or building addition or alteration, shall also provide for the construction or installation to City standards, of sidewalks; curbs, gutters, street trees, adequate street lighting, street paving to the center line of the street, and necessary drainage structures unless such improvements already exist along all street front- ages adjoining the lot on which the building or parking lot is to be constructed, enlarged or altered. EXCEPTIONS 1. This section shall not apply to additions made to a single family residence where the square foot area of such additions does not exceed fifty percent of the area of the residential portion of the building existing prior to addition. 2. This section shall not apply to alterations • made to a single family residence when the value of the proposed alterations does not exceed fifty percent of the value of the building being altered prior to its alteration. - 3 - • • 0 3. This section shall not apply to construction of or additions to garages, carports, storage buildings and similar nonresidential buildings, accessory to single family residences where such construction or addition does not exceed 500 sq. ft. in area. 8302. CONSTRUCTION OF STREET IMPROVEMENTS - PREREQUISITE TO APPROVAL OF THE BUILDING OFFICIAL The Building and Safety Director shall deny final approval and acceptance for public utility connections to any building or parking lot until required street improvement exist or are constructed or their construction is guaranteed with an executed agreement and cash moneydeposited with the City in a sum approved by the City Engineer based upon one and one-half times the estimated cost of construction. 8303. CONSTRUCTION AGREEMENT The construction guarantee agreement shall be effective on the date of the deposit of cash and shall end upon the date of completion to the satisfaction of the City Engineer of all improve— ments required to be made. Upon completion of the improvements and their acceptance by the City, the cash deposit shall be returned to the owner. The City is authorized, in the event of any default on the owner's part, to use any or all of the deposit money to cause all of the .required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. 8304. ADEQUATE STREET LIGHTING - DEFINITION Adequate street lighting required by the Chapter is hereby defined as a systemof street lights providing an average illumination level and lighting uniformity ratio in accordance with the minimum standard's of the Illuminating Engineering Society forthe particular classification of street considered. 8305. OWNERS RESPONSIBILITY Where adequate street lighting facilities already exist but the lot or parcel upon which the building or structure is to be constructed or erected has not paid its fair share of the said facilities., the owner or applicant for a building permit shall pay to the City the.fair share cost of such facilities attributable to such'lot or parcel under any reimbursement agreement or contribution or payment by the City for such facilities. 8306. REIMBURSEMENT AGREEMENT Where a person is required to install street lights which will also benefit property other than his own, the City may agree to reimburse such persons as, if and when, and to the extent that it receives payment, pursuant to Section 8305, from an owner or applicant for a building permit on the other so benefitted property, and may make such reimbursement in accordance with such agreement. 8307. SIDEWALKS - GENERAL REQUIREMENTS Sidewalks required by this Chapter shall be installed as set forth below. - 4 - 8308. DEFINITIONS a. Full parkway width sidewalk, as used in this section shall mean a sidewalk whose width measures from the back of the curb to within 6 inches of the adjacent property line. Such width shall be completely paved except for required tree wells. • b. Double Frontage Lot - a parcel of land where both the front and rear yards are contiguous to a dedicated public street. 8309. LOCATION Except for full parkway width sidewalks, the location of sidewalks shall be determined by the City Engineer, unless modified by the Planning Commission or City Council. 8310. SIDEWALK WIDTHS Sidewalk shall be installed in a width to serve the intended use and as follows: a. Single Family Uses 1. Sidewalks along frontages of streets shown on the "Master Plan of Streets," unobstructed five feet (5') in width. 2. Sidewalks along the rear frontage of a double frontage lot where access rights have been relinquished, full parkway width sidewalks. • 3. Other single family residential sidewalks, unobstructed four feet W) in width. b. All Other Uses 1. Sidewalks adjoining all frontages, full parkway width sidewalks unless otherwise modified by the Planning Commission or City Council. - 5 - Chapter 4 - RELOCATED BUILDINGS 8400. PERMIT REQUIRED. Any person desiring to move, or to cause to be moved, • any building or structure, or any section or portion of any build- ing or structure, over, upon, along or across any public street, alley or other public place shall first file a written application for a relocation permit with the Building Inspector specifying the kind of building to be moved, the location of the same, the loca- tion to which, and the -route and length of the route over or along which such building or section or portion of such building is to be moved, the number of sections in which the building will be moved, and the time within which such removal will be completed. If the building to be moved is to be moved onto a lot zoned for single family residential use within the city of West Covina, the application shall be accompanied by a plot plan showing elevations and the proposed location of the building on the lot, at least two photographs of the building and the written consent of the owner of.the building for the Building Inspector to enter the building at reasonable time for the purpose of making all inspections re- quired by this Chapter. 8401. PERMIT FEES. The fee for a relocation permit is $10.00 which shall be paid at the time the application for the permit is filed. If the application is for a permit to move a building onto a lot zoned.for single family residential use in the city of West Covina, an inspection fee of $25.00, which is in addition to the $10.00 relocation,permit fee, shall also be paid at the time . the application for the permit is,filed.' 8402. APPROVAL OF APPLICATION. Upon approval of such application by the Building Inspector he shall issue a relocation permit for the moving of the building or the sections or portions thereof referred to in such application. If the application.is for a permit to move a building onto a lot zoned for single family residential use, and is accom- panied by the consent in writing of all of the owners -.of property within one hundred fifty -.feet of the relocation site, he shall approve the application and issue a relocation permit, subject to such conditions as he determines are necessary for the public safety, authorizing the moving of the building referred to in the application. If the application for a permit to move a building onto a lot zoned -for single family residential use is not accom- panied by the consent in writing of all of the owners of property within 150 feet of the relocation site, he shall refer the appli- cation to the Administrative Review -Board for hearing as provided for in Section 84-03. 8403. RELOCATION OF BUILDINGS INTO RESIDENTIAL ZONES. • Upon the receipt of an application for a permit to move a building onto a lot zoned for single family residential use the Review Board shall set the matter for hearing. The date of the .hearing shall be within fourteen days of the date the application mom is received by the Board. The Board shall cause notice of the time and place of the hearing to be mailed to all owners of property within one hundred fifty feet of the lot to which.the building is to be moved at least seven days before the date of the hearing.. Upon the basis of the hearing, the Board shall deter-. • mine whether or not the building when moved will be compatible with the other buildings within the neighborhood as to appearance, size and location upon the lot. On the basis.of its determination, the Board may either approve, conditionally approve,,or disapprove the issuance of the relocation permit. Any person desiring to do so may appeal from any determination of the Board to the City Council within the time and in the manner provided for in Section 10504.07 (d) of this Code. The appeal shall suspend and set aside the determination of the Board until the City Council has acted upon.the appeal. The deter- mination of the.City Council shall be final. If -the Board approves of the issuance of the relocation permit., the Building Inspector shall issue the permit when the owner of the lot files with the Building Inspector an agreement to alter or repair the relocated building to conform to the building regulations of the City, completely repaint the exterior of the building and to comply with any other conditions of the Review Board. The agreement shall'specify that the work required to be done shall be completed within sixty days after the building has been relocated. Performance of the agreement shall be secured by a cash deposit or surety bond ,in an amount fixed by the Building and Safety Director and 'conditioned upon the. fact that if the work agreed to be done is not completed within the time specified, the work shall be immediately performed by the surety or the principal amount of the'deposit-or bond shall be'forfeited to the City. The City Council may; with.the consent -of the owner of the lot, order • the -proceeds resulting from the.bond forfeiture applied toward the cost of the.required alterations or repairs. 8404. MOVING A BUILDING ON THE SAME LOT. Where a residential'building is to be moved from one part of a lot to another part.of the same lot or from one lot to another lot owned by the same person, and without traversing any street, alley, or.property of any other person, the owner must first request in writing and receive written consent of the Build- ing and Safety Director to change the location of such building, and such consent shall not be granted where there is reasonable objection on the part of adjoining property owners. 8405. ABROGATION OF OTHER REQUIREMENTS. Nothing in this Chapter shall be construed as abrogat- ing.or waiving any other permits, approvals or regulations of other provisions of this code, nor requirements of other departments, agencies or jurisdiction'..having authority regarding moving of buildings. - 7 - • Chapter 6 - BUILDING NUMBERING SYSTEM 8600. ESTABLISHING STREET NUMBERING SYSTEM. It is hereby made 'the duty of the City Engineer to es- tablish the numbers*to be allotted to all property along any street or highway.in any part.of the city. 8601. NOTIFYING OWNERS OF OFFICIAL NUMBERS. It shall be . the' duty .of the City Engineer to give written notice to all owners of property and all persons in posses- sion of property.along said street or highway upon which official numbers have been established as provided in this Chapter,.and the said owners and persons in -possession of'said property shall, within ten days after said notice has.been served upon them, place the num- ber or numbers allotted to the said property upon said premises in such a position as "to'be plainly visible from the street, said num- bers to be not less than three inches in height; and all numbers other than the numbers so assigned under the provisions of this Chapter shall be removed from said property by the owners or persons in possession of said property within ten days from the service of said notice designating the appropriate numbers to be placed 'there- on. The notice herein provided shall be considered sufficient if the same shall be deposited in the United States mail, properly addressed, with sufficient postage affixed thereto, or the same may be posted in a conspicuous place upon the property. SECTION 3. 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 this 26th day of June 1978. Mayor ATTE T City erk 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.1383 was regularly intoduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of June , 1978. That, •8 • thereafter, said ordinance was duly adopted and passed at a regu- lar meeting of the City Council on the 26th day of June 1978, by the following vote of Council, to wit: AYES: Councilmen: Miller, Shearer, Browne, Chappell, Tice. NOES:, Councilmen: None ABSENT: Councilmen: None City ':C .erk APPROVE_ AS TO FORM: -City Attorney