Ordinance - 2159ORDINANCE NO.2159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATING TO STORAGE
• CONTAINERS IN SINGLE-FAMILY RESIDENTIAL ZONES (CODE
AMENDMENT NO. 07-01)
WHEREAS, Code Amendment No. 07-01 is a City -initiated code amendment regarding
storage containers in single-family residential zones; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 131h day
of February, 2007, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission adopted Resolution No. 07-5210 recommending to the City Council
approval of Code Amendment No. 07-01; 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 61h day of March, 2007 and on the 20`h day of March, 2007; 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 establish
standards for storage containers on single-family residential lots.
2. 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 THEREFORE, the City Council of the City of West Covina does resolve as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 07-01 is hereby found to be consistent with the West Covina General Plan and
implementation thereof.
SECTION NO. 2: 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. 3: 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. 4: The City Clerk shall certify to the passage of this Ordinance and shall
be published as required by law.
PASSED AND ADOPTED on this 3`d day of April, 2007.
Ma ArMi,'hael Touhey
ATTEST:4 .
XLCity Clerk aerie Carrico
Ordinance No.2159
Code Amendment No. 07-01
April 3, 2007 — Page 2
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, do hereby certify that the
• foregoing Ordinance No. 2159 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 6`h day of March 2007. That, thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3`d day of
April 2007.
AYES:
Herfert, Hernandez, Lane, Sanderson
NOES:
None
ABSENT:
Touhey
ABSTAIN: None
APPROVED AS TO FORM:
'�4//*4""4a'
Ciiy Attorney Arj6ld Alvarez-Glasman
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EXHIBIT A
Section 26-63. Definitions.
Storage container. Anv portable or movable structure or container. constructed of
. varied materials including metal, wood, plastic or synthetic substances, or any combination
thereof, which is designed and intended for the storage or transport of items, goods,
clothing, furniture, equipment or materials, etc. Storage containers that have been
permanently fixed to a location on the ground shall still be deemed to meet this definition.
Storage containers do not include nonhabitable structures of less than 120 square feet as
described in section 26-405.5(a).
Sec. 26-411.5. Storage containers.
(a) Temporary placement. Storage containers, as defined in section 26-63, may be
located on a lot developed with a single-family residence on a temporary basis, subject to
the following standards:
(1) Short-term location. One (1) storage container may be located on a lot up to a
total of fourteen (14) days in any calendar year without the approval of any
permit. In addition, one (1) storage container may be located on a lot up to a
total of two (2) months in any calendar year without the approval of anv
permit when used in conjunction with any construction or home
improvement activity on the site which does not require the issuance of a city
building permit.
(2) Administrative review. One (1) storage container may be located on a lot for
up to six (6) months in coniunction with permitted construction activity on
the same lot, subject to the approval of an administrative review as set forth
in article VI, division 11 of this chapter. Approval of an administrative
review for this purpose may only be undertaken in coniunction with
construction activity for which a valid city building and/or grading permit
has been issued and continues to remain active and valid. Regardless of the
time period for which the administrative review is approved, said
administrative review shall automatically expire upon the expiration or
termination of all grading and building permits, or upon the final inspection
and completion of associated construction activity. In cases where a storage
container has been located on a lot in an unauthorized manner prior to the
approval of an administrative review, any approved time duration shall
commence and run from the date during which the location of the storage
container on the lot was first documented.
Extension of an administrative review for up to six (6) months may be
granted by the planning director for good cause. One additional extension
for up to one (1) year may be granted by the Planning Commission for good
cause. In no case shall the total time period (including anv extensions) exceed
a total of two (2) years.
(3) Location. The location of a temporary storage container shall be subject to
approval of an administrative review and shall take into consideration such
factors as visibility from the street and surrounding properties, and visual
and privacy impacts to surrounding properties. The storage container may
• only be located in the front yard when location in other areas is not feasible
or would create other impacts. Location of a storage container on a
driveway may only be approved where access to the garage or carport can .
continue to be provided for at least one (1) vehicle.
(4) Size. Storage containers shall be no greater than twenty (20) feet in length,
ten (10) feet in height, and ten (10) feet in width.
(b) Permanent placement. Permanent placement of storage containers are prohibited on
vacant lots and lots developed with a single-family residence.
(c) Exemptions. Storage containers that are located in the rear yard of a property
prior to May 3, 2007 may be allowed to remain under the following conditions:
1) Application. An apnlication to maintain a storage container must be
• submitted to the planning department no later than November 5, 2007, Said
application shall include the following:
a. Sufficient information to verify to the satisfaction of the planning
director that the storage container was in place prior to May 3, 2007
and has been continuously maintained on the property since. Such
information may include receipts or affidavits from surrounding
property owners.
b. Signed statements (in a form provided by the planning department)
providing information whether each property owner within a one
hundred (100)-foot radius of the property support or object to the
maintenance of the storage container.
C. A certified copy of a covenant (in a form provided by the planning
department) recorded against the property stating that the storage
container shall be permanently removed under any of the following
conditions:
1. Upon temporary removal of the storage container for a
continuous period of six (6) months or longer.
2. Upon sale or transfer of the title for the property.
3. Use of the property for rental purposes for more than three (3)
months.
4. At such time as the storage container becomes a nuisance or
danger due to its condition.
(2) Review. 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 storage container
on surrounding private and public property.
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