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Ordinance - 2051ORDINANCE NO. 2051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE • PERTAINING TO MAXIMUM UNIT SIZE EXCEPTIONS AND LARGE EXPANSIONS TO SINGLE-FAMILY HOMES WITHIN THE CITY OF WEST COVINA (CODE AMENDMENT NO. 294). WHEREAS, Code Amendment No. 294 is a City -initiated project to within the City of West Covina; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 22"d day of February, 2000, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 02-00-4594, recommending to the City Council approval of Code Amendment No. 294; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Division, and other interested parties at a duly advertised public hearing on the 41' day of April, 2000; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended relating to maximum unit size exceptions and large expansions to single-family homes; and 2. Within recent years there has been a growing number of maximum unit size exceptions and large expansions to single family residential properties within the City of West Covina; and 3. Certain inconsistencies and inequities apply to maximum unit size exceptions and large expansions to single-family homes within the City of West Covina; and 4. The inconsistencies and inequities applied to maximum unit size exceptions and large expansions to single-family homes has the potential to deny property rights enjoyed by other property owners in the same vicinity; and 5. The regulation of maximum unit size exceptions and large expansions to single-family homes will serve to protect the positive image of the community and its property values; and 6. Local legislation based on aesthetic and safety concerns is a legitimate exercise of a community's police powers to protect the public health, safety, and welfare; and 7. One of the stated goals of the West Covina General Plan is to "arrange land uses with regard to the health, safety, convenience and welfare of the residents of the City," and the adoption of this Code Amendment will serve to advance the achievement of this goal; and 8. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, • in that the proposed action consists of a code amendment which does not have the potential for causing a significant effect on the environment. NOW, THERFORE, the City Council of the City of West Covina, California, does hereby ordain as follows: SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 294 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. Ordinance No. 2051 Code Amendment No. 294 MUSE — Large Expansions April 18, 2000 Page 2 of 3 SECTION NO. 2: Based on the evidence presented and the findings set forth above, the •City Council of the City of West Covina hereby amends Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 3: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED on this 18" day of April, 2000. ayor ATTEST: 1 - City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 2051 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 4" day of April, 2000. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18"' day of April, 2000. AYES: Herfert,'Melendez, Touhey, Wong, Howard NOES: None ABSENT: None APPROVED AS TO FORM: Interim City Attorney Colin Lennard CJ City Cl Ordinance No.2051 Code Amendment No. 294 MUSE — Large Expansions April 18, 2000 Page 3 of 3 • EXHIBIT A WEST COVINA MUNICIPAL CODE CHAPTER 26. ZONING ARTICLE X. NONRESIDENTIAL ZONES See. 26-296.1100. Definitions. (a) Large expansions shall mean the expansion of the existing total gross floor area of a single-family dwelling unit by the following minimum square footage when either the floor area ofthe existing dwelling unit is expanded or when the existing dwelling unit is demolished and a new dwelling unit is constructed within five 5 ears and results in a total gross floor area tar er than existed at the time of demolition but not resulting in a total gross floor area which exceeds the maximum permitted for a lot: Lot Size Large Expansion (sq,ft.) (sq.ft.) Under 20,000 1,250 20,000-24,999 1,500 25,000-29,999 2,000 30,000-34,999 2,500 35,000-39,999 3,000 40,000+ 3,500 Said large expansion includes habitable ble space the gross .square footage of the main building and/or accessory uses when attached to the main building, (including but not limited to a guest house, second unit, and garage). (b) Maximum unit size exception shall mean an increase of the total gross sc uare oota e fflwiimoi:a permitted or a unit :.,t as defined in section 26- 401.5 by up to twenty-five percent of 143441@ space the gross square footage of the main building, and/or attached accessory uses (including but not limited oaa guest house, second unit, or garage). .11 (c) Habitable spae@ s4all meat, spaee jFj a struetiire v liN414g, eatingeee1 Ong Cede. As used 4@r.@ ri "4abitabl® spa 'j jBe4ude teilet Yspace, similar Timing ofadditions or eypansions All additions or expansions occurring within one (1) year of the building permit final inspection ap roval of the previous addition or expansion shall be considered as a sin Iu expansion for the purpose of determining the large expansion calculation 0