Ordinance - 1397ORDINANCE NO. 1397
AN ORDINANCE OF THE CITY COUNCIL OF THE
OF CITY OF WEST COVINA AMENDING ARTICLE X,
CHAPTER 1 BY ADDING THERETO A NEW SECTION
10401.07 RELATING TO NONCONFORMING BUILDINGS
AND USES, DECLARING -THE URGENCY THEREOF AND PRDVIDING
THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY.
The City Council of the City of West Covina does
ordain as follows:
SECTION 1. Part IV of Chapter 1 of Article X of the
West Covina Municipal is hereby amended by the addition of a
new Section 10401.07 to read:
"10401.07. PUBLIC ACQUISITION
Whenever any lot, any building or any structure is
rendered nonconforming within the meaning hereof
solely by reason of:
(a) dedication to, or purchase by, the City for
any public purpose; or
(b) eminent domain proceedings,
which result in the acquisition by the City of a
portion of such property, the same shall not be
• deemed nonconforming within the meaning of this Part,
provided that if, subsequent to such acquisition, the
buildings and/or structures located upon such lot,
are wholly destroyed, no reconstruction shall take
place unless compliance is had with all applicable
provisions of this Chapter. In the event however,
subsequent to such acquisition, the buildings and/or
structures located upon such lot are destroyed to
the extent of not more than 50% of their reasonable
replacement value at the time of their destruction
the provisions of Section 10401.05 of this part shall
apply to any reconstruction of said buildings and/or
structures."
SECTION 2. That this ordinance is hereby declared
an urgency measure and shall take effect immediately upon its
adoption. A statement of facts constituting the basis for the
urgency of this Ordinance is as follows:
"That the City is presently engaged in the acquisition
for public purposes of various parcels of land in the
City which in some cases will result in a lot, building
and/or structure being rendered nonconforming solely
because of such acquisition. That without the
• immediate adoption of this Ordinance, certain
properties, buildings and/or structures will be deemed
to be in a nonconforming status solely as a result of
action by the City which status may result in the loss
of existing land use rights if the property was not
rendered nonconforming. That this Ordinance is therefore
necessary for the immediate preservation of the public
peace, health and safety.
•
•
SECTION 3. The City Clerk shall certify to the
adoption of this Ordinance by a Four -Fifths vote of the Council
and shall cause the same to be published in the manner prescribed
by law.
PASSED AND APPROVED this llth day of September , 1978.
G �r
MAYOR
ATTEST:
_/' z' �-
CITY CLERK -
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. 1397
was regularly introduced and placed upon its first reading at
an adjourned regular meeting of the City Council on the llth day
of September , 1978. That, thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on
the llth day of September, 1978, by the following vote of the
City Counci, to wit:
AYES: Councilmen: Miller, Shearer, Browne, Chappell, Tice.
NOES: Councilmen: None,
ABSENT: Councilmen: None
APPROVED AS TO FORM:
CITY ATTORNEY
CITY CL 11
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