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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.