Ordinance - 2077A r
ORDINANCE NO. 2077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO THE REGULATION
OF "CANOPY STRUCTURES" (FORMERLY KNOWN AS MEMBRANE
STRUCTURES) (CODE AMENDMENT NO. 300)
WHEREAS, Code Amendment 300 is a City -initiated code amendment related to
"canopy structures" (formerly known as membrane structures); and
WHEREAS, on March 16, 1999, the City Council adopted Ordinance No. 2029 approving
Code Amendment No. 287 establishing regulations on canopy structures in the "Single -Family
Residential" (R-1) and "Residential Agricultural" (R-A) Zones within the City of West Covina; and
WHEREAS, On October 10, 2000, and July 24, 2001, the Planning Commission held study
sessions to re-evaluate the regulations related to canopy structures; and
WHEREAS, based on the information provided at the study sessions, staff was directed by
the Planning Commission to draft a code amendment to amend the existing regulations on canopy
structures within the City of West Covina;,and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 25°i
day of September, 2001, conduct a duly advertised public hearing as prescribed by law, at which
time the Planning Commission adopted Resolution No. 01-4699 recommending to the City
Council approval of Code Amendment No. 300; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 16t1' day of October, the 20t" day of November, and the 4" day of December,
2001; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to change the
existing regulations on canopy structures by providing a process to allow canopy structures
for the benefit of. persons with medical conditions and to allow canopy structures
constructed prior to the adoption of the original membrane structure ordinance.
2. The City also currently permits canopy structures with a projected canopy area of no
greater than 200 square feet, a height of no greater than (12) feet, and a length of no
greater than 20 feet, with the exception that membrane structures encroaching into the
interior side yard and/or the rear live (5) feet of the rear yard shall only be permitted
width a projected canopy area of less than 120 square feet and a height of less than seven
(7) feet.
3. 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 presented and the findings set forth, Code
Amendment No. 300 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
A'liJGl
APPROVED AS TO FORM:
Aw�_" -
r�—
City Attorney ArnoldAlvarez-Glasman
C11)
/ J11 '
City Clerk Janet Berry �.
SECTION NO. 2: The City Council of the City of West Covina hereby approves Code
Amendment No. 300 as shown on Exhibit "A."
SECTION NO. 3: 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.
SECTION NO. 4: 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 8°i day of January, 2002.
-7ATTEST:
Ciiy, Clerk Janet Berry
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST COVINA
Mayor Ben min Wong
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
Ordinance No. 2077 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 4°i day of December, 2001. That, thereafter, said Ordinance
was duly adopted and passed at a special meeting of the City Council on the 8th day of January
2002.
AYES: Herfert,, Miller, Sanderson, Touheyy
NOES: Wong �-
ABSENT: None
City Clerk Janet Berry
APPROVED AS TO FORM:
llw-" -
ru---
City Attorney ArnA Alvarez-Glasman
0
EXHIBIT A
Section 26-206(d) of the West Covina Municipal Code shall be amended to read as
follows:
Section 26-206. Notices.
0 (d) For administrative use permits:
(1) A notice that describes the proposed project and indicates the length of the
public review period (including the last date that a request for a public
hearing may be given to the planning divisien department) shall be
mailed to owners and occupants of surrounding property as indicated
below. The public review period shall extend for ten (10) days from the
date that the initial notice was mailed, except in the case of large family
day care homes which shall have a public review period of fourteen (14)
days. If a request for a hearing is received during the specified time, a
notice shall be mailed a minimum of seven (7) days prior to the date of the
hearing, indicating the date, time, and location of the scheduled public
hearing.
a. 100 foot noticing radius: Notices shall be mailed to the property
owners and occupants of the subject site and all properties within a
radius of one hundred (100) feet of the exterior boundaries of the
subject site in the case of applications for the following purposes:
large family day care homes, miniature potbellied pigs, sign
exception review, outdoor uses within the outdoor uses overlay
zone, -and wall and fence height increases, and canopv structures.
b. 300 foot noticing radius: Notices shall be mailed to the property
owners and occupants of the subject site and all properties within a
radius of three hundred (300) feet of the exterior boundaries of the
subject site in the case of applications for the following purposes:
large expansion and maximum unit size exception, retaining walls,
and building and roof -mounted wireless telecommunication
antennae facilities.
Section 26-411 of the West Covina Municipal Code shall be amended to read as follows:
Section 26-411. Membrar►e Canopy structures.
(a) Location and size. Canopv structures shall be prohibited in the front
yard and street side yard (as defined under section 26-402.5(c)), with the following
exceptions:
(1) MembrR4ie Canopy structures with a projected canopy area of less than one
hundred twenty (120) square feet and a height of less than seven (7) feet shall
be permitted within a street side yard area that is fully screened by fencing or
shrubs at least five (5) feet in height.
(2) Membrane Canopv structures with a projected canopy area of no greater than
two hundred (200) square feet, a height of no greater than twelve (12) feet,
and a length of no greater than twenty (20) feet shall be permitted in front
yard and street side yard areas where located at a distance of fifty (50) feet or
greater from the front or street side property line and/or which are not readily
visible from the street (as determined by the planning director) due to
topographical conditions.
Membrane Canopv structures shall be permitted in other areas of a lot with a
projected canopy area of no greater than two hundred (200) square feet, a
height of no greater than twelve (12) feet, and a length of no greater than
twenty (20) feet, with the exception that Hiembr-ane canopy structures
encroaching into the interior side yard and/or the rear five (5) feet of the rear
yard shall only be permitted with a projected canopy area of less than one
hundred twenty (120) square feet and a height of less than seven (7) feet.
Property Owners with Medical Condition. Canopy structures may be
• permitted in the front yard or street side yard of lots when one or more of
the permanent adult residents of the property possesses •a medical
condition that impairs the ability of such person(s) to provide other
means of providing protective covering to a motor vehicle or accessory
recreational vehicle and the purpose of the canopy structure is to provide
such covering. Approval of canopy structures under such circumstances
shall be subject to the granting of an administrative use permit as set
forth in Article VI, Division 5 of this chapter, and further subject to the
following conditions:
a. A signed statement from a licensed Physician shall be reauired to be
submitted stating that the person in permanent residency at the
property possesses a permanent, long-term or chronic medical
condition that limits or debilitates the physical condition of Said
person (e.g. arthritis, heart condition).
b. Said person(s) owns or leases one or more properly licensed and
registered motor vehicles and/or accessory recreational vehicles that
cannot otherwise be parked or stored in a garage or carport on the
property.
C. The Purpose of the proposed canopy structure is to provide
protective covering for such vehicle(s) and is of no greater height
and size than necessary for such purpose.
d. Said vehicle(s) may only be parked and the canopy structure
proposed for the covering of such vehicle(s) may only be located in
areas permitted for the parking of such vehicle(s) pursuant to
Section 26-392 of this chapter.
e. Any administrative use permit granted for this purpose shall be
terminated and the canopy structure permitted pursuant to such
administrative use permit shall be fully removed within 90 days of
any of the following occurrences:
1. The sale or transfer or other Permanent removal from the
property of the vehicle(s) for which the canopy structure
was intended to provide covering.
2. Termination of the residency of the person(s) with the
medical condition for whose benefit the administrative use
permit was granted.
(b) Repair and maintenance. Membrane Canopy structures shall be maintained in
good condition. Torn fabric, bent or broken support members shall be replaced or
repaired as needed. Any . Fane canopy structure considered to be in disrepair, as
determined by the planning director, shall be repaired, replaced or removed from the site.
• Reflective, mirrored type, covering material shall be prohibited
(c) Lot coverage. ;tee Canopy structures requiring the issuance of a
building permit (i.e., those that are considered structures as defined by the Uniform
Building Code) with a projected roof area of one hundred twenty (120) square feet or
greater shall be considered building coverage and shall be included in calculations of
maximum building coverage as set forth in section 26-412.
(d) Exemptions. The following exemptions shall apply:
(1) This section shall not apply to move canopy structures that are erected or
displayed for no more than three (3) days per month.
Canopy structures located within the front vard and street side vard that
were constructed prior to March 16 1999 may be allowed to remain
under the following conditions:
b. Application. An application to maintain a canopv structure must be
submitted to the Planning Department by August 7 2002. Said
application shall include the following:
Sufficient information to verify to the satisfaction of the
Planning Director that the canopv structure was in place prior to
and has been continuously maintained on the property since
March 16 1999. Such information may include receipts,
contractor bills, or affidavits from surrounding property owners
2. Signed statements (in a form provided by the Plannin
Department) providing information whether each property
owner within a 100-foot radius of the property and on the same
street frontage support or object to the maintenance of the
canopv structure.
3. A certified copy of a covenant (in a form provided by the
Planning Department) recorded against the propertv stating that
the canopv structure shall be permanently removed (1) upon
temporary removal of the canopv structure for a continuous
period of six (6) months or longer, (2) upon sale or transfer of
the title of the property, or (3) use of property for rental
purposes for a period longer than three months.
b. Revierp. The Planning Director shall review the submitted
application and render a decision within ten (10) days. In making
his decision, the Planning Director shall consider the size location
and impact of the canopv structure on surrounding private and
ublic prope
C. The canopv structure shall be maintained in good condition as set
forth in Section 26-411(b) of this chapter.