Ordinance - 2096ORDINANCE NO. 2096
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.03-02
WHEREAS, there was filed with the City a verified application on the forms prescribed in
• Section 26-113 and 26-199 of the West Covina Municipal Code:
a proposal to amend the current Specific Plan to modify required setback requirements for
covered patios and balconies in Specific Plan No. 13:
on that certain property generally described as follows:
All properties located within Tract Map No. 52590 as recorded in the Office of the County
Recorder of Los Angeles County; and
WHEREAS, the proposed zone change is consistent with the proposed General Plan
Designation of "Planned Development"; and
WHEREAS, the proposed zone change maintains consistency between the General Plan
and Zoning Map; and
WHEREAS, said zone change application is requested to allow for a modification to
setback requirements for covered patios and balconies; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 10'
day of February, 2003, conduct a duly noticed public hearing to consider the subject application for
a Zone Change, at which time the Planning Commission adopted a resolution; and
WHEREAS, the City Council did, on the 18'h day of February, 2003, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the Planning
Commission, Planning Division, and other interested parties.
WHEREAS, studies and investigations made by the City Council and in its behalf reveal the
following facts:
1. The applicant is proposing to amend the current Specific Plan to modify required
setback requirements for patios and balconies in Specific Plan No. 13.
2. The proposed zone change is contingent upon the approval of the proposed General
Plan Amendment.
3. Approval of the zone change will allow residents to have patios and balconies
within the currently required yards.
4. Findings necessary for approval of zone change are as follows:
a. There are changed conditions since the existing zoning became effective to
warrant other or additional zoning.
b. The proposed change of zone will not adversely affect adjoining property as
to value or precedent and will not be detrimental to the area.
• C. A change of zone will be in the interest or furtherance of the public health,
safety, and general welfare.
d. The approval of such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
C. The approval of such a zone change is consistent with the General Plan or
applicable specific plans.
Ordinance 209S
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5. Pursuant to the California Environmental Quality Act (CEQA) of 1970, the project
is a General Exemption (Section 15061 (b) (3)) in that the proposed Specific Plan
will not have a significant effect on the environment and any future development of
the property would be in compliance with CEQA.
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as
follows:
a. The proposed zone change facilitates the modification to the required setback
requirements for patios and balconies in Specific Plan No.13. This modification is
necessary to bring existing balconies and patios into compliance with setback
requirements in the Specific Plan.
b. The proposed zone change will not adversely affect adjoining property value and
will not be detrimental to the area because the modification will allow for the
approval of patios and balconies.
a The proposed zone change is compatible with the surrounding area in that the
Specific Plan area is located in an area with multi -family housing and condominium
developments.
d. The proposed zone change will not adversely affect the General Plan as consistency
between the General Plan and the Zoning Map will be maintained, as the General
Plan is not proposing to be changed. Further the zone change will result in a
modification to the existing setback requirements so that the existing patios will
comply with the code.
e. The approval of such zone change is consistent with the Specific Plan No. 13 in that
the plan has existing requirements pertaining to setbacks. The addition of setback
requirements for patios and balconies will set a standard for the distance such
structures are allowed from property lines.
NOW, THEREFORE, 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, Zone
Change No. 03-02 is hereby found to be consistent with the City's General Plan and the land
uses permitted within said zone classification.
SECTION NO. 2• Pursuant to the California Environmental Quality Act (CEQA) of 1970,
the project is a General Exemption (Section 15061 (b) (3)) in that the proposed Specific
Plan will not have a significant effect on the environment and any future development of the
property would be in compliance with CEQA.
SECTION NO. 3: The Planning Commission does hereby recommend to the City Council
that it approve ZoneChange No. 03-02 (Exhibit "A") and thereby permit a revision to
Specific Plan No.13 to amend text and add requirements pertaining to setbacks for patios
and balconies.
SECTION NO. 4: The City Clerk shall certify as to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED on this 4`h day of March, 2003.
ATTEST
r�
'S a
City Clerk Janet Berry
'DIVA
Mayor Michael Touhey
Ordinance 2096
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I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the
foregoing Ordinance No.2096 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 18`h day of February, 2003. That, thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 4m day of March, 2003 by
the following vote:
AYES: Miller, Sanderson, Wong
NOES: None
ABSENT: Herfert, Touhey
ABSTAIN: None
DATE: March 4"', 2003
APPROVED AS TO FORM:
A 4 A A- A --
City Attorney AnAd Alvarez-Glasman
City Clerk Janet Berry'
1 -
AD
ZONE CHANGE NO.03-02
EXHIBIT A
D. Site Development Standards
1. Minimum Lot Size
a. Single Family, 3,000 square feet
2. Lot Dimensions
a. Minimum Lot Width:I
Forty -Five (45) feet
b. Minimum Lot Depth•?
Sixty -Six (66.7) feet
3. Maximum Building Height
a. Twenty -Five (25) feet Maximum
4. Minimum Building Setbacks (As measured from the property line)
a. Single Family Detached:
1. Front Yard: Five (8) feet to residence, Twenty (20) feet to
garage
2. . Side Yard: Five (5) feet
.3. Rear Yard: Minimum allowable ten (10) feet
4. From Perimeter Property Line: Fifteen (15) feet
S. Attached patios and balconies (open or enclosed) shall be
set back a minimum of five (51 feet omthe rear property
line. Any such patio shall be no wider than half the width
of the rear property line.
b. Eaves, cornices, chimneys and other architectural features such
as canopies, cantilevered roofs and wing walls may project into
required front and rear yard setback areas a maximum distance of
three (3) feet, and no more than two (2) .feet into the required
sideyard setback areas.
5. Maximum Building Coverage
a. Maximum building coverage shall not exceed sixty (60) percent of
the total lot area.
• DA.a.5 INDICATES THE AREA TO BE INSERTED INTO THE
EXISTING SPECIFIC PLAN