Ordinance - 2243ORDINANCE NO.2243
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA PROHIBITING GRADING OR
CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED
AREAS OF THE CITY PENDING COMPLETION OF STUDY AND
REPORT BY THE PLANNING COMMISSION PERTAINING TO THE
PROPER CONDITIONS AND REGULATIONS FOR SUCH USES,
DECLARING THIS AN INTERIM ZONING ORDINANCE, AND
SETTING FORTH FACTS CONSTITUTING THE SAME AS AN
URGENCY ORDINANCE
WHEREAS, there are 79 undeveloped residential lots remaining on the Skyview Lane,
Rolling Hills Road, Countrywood Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane,
Sunrise Road, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road located in the
hills of the City of West Covina (the "Properties");
WHEREAS, the Properties were subdivided and created approximately thirty (30) years
ago and are subject to various conditions of approval contained in the original tract maps
approved at that time;
WHEREAS, the existing tract map conditions of approval and the current West Covina
Municipal Code do not effectively regulate the development of residential hillside properties in
light of modern housing trends;
WHEREAS, the Properties are situated among existing residential properties in an area
consisting of varied topography, which will impact residential privacy, views, drainage, and
hillside stability;
WHEREAS, City staff desires to study the adequacy of existing residential hillside
development standards and regulations in connection with, but not limited to, enclosed parking
requirements for large residential properties, common area drainage maintenance and/or
landscape improvements along hillside slopes, the appropriate ratio between pad size and
residential floor area, the ratio between pad size and open space, appropriate regulations
regarding building height and number of stories for hillside lots, and the appropriateness of
existing zoning standards for elevated structures for hillside lot;
WHEREAS, City staff further desires to seek input from existing hillside property
owners, the Planning Commission, the City Council, and other stakeholders on the appropriate
development standards and regulations that are necessary to preserve the public health, safety, .
and welfare;
WHEREAS, in April of 2013 a developer submitted an initial application for the
development of a portion of the Properties;
WHEREAS, the development of the Properties under existing development standards and
regulations will negatively impact the public health, safety, and welfare; and
WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit the
approval or issuance of any licenses, permits, grading permits, building permits, tentative parcel
or tract maps, or other entitlements for the construction of residential structures.
THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: The above recitals are true and correct and are incorporated herein
as if set forth in full.
SECTION NO. 2: Pending the completion of a study by the Planning Commission
and/or the adoption of new requirements and zoning regulations, the approval or issuance of any
Ordinance No. 2243
Page 2
licenses, permits, grading permits, building permits, tentative parcel or tract maps or other
entitlements for the construction of residential structures is prohibited on the following
properties.
Tract No. 21425, Lot 79; Tract No. 32324, Lots 18, 25-29, 76-112, 1327145 and 193-201;
Tract No. 42169, Lot 39; Tract No. 47809, Lots 27-38; and Assessor Parcel Number 8493-
053-001 (1140 Outlook Lane)
Situated on Skyview Lane, Rolling Hills Road, Countrywood Lane, Hidden Valley Drive,
Inspiration Point, Outlook Lane, Horizon Hills Drive, Majestic Street, and Mountain Ridge
Road, West Covina, California ("Properties").
SECTION NO. 3: The City Council directs the Planning Commission to immediately
commence studies and hearings pertaining to the proper conditions of approval, and regulations
for the construction of residential structures in hillside areas. Consideration should be given to
appropriate changes to current zoning standards for enclosed parking, the ratio between the pad
size on a hillside lot and the floor area of the house, the standard for the measurement of building
height and number of floors, decks, and issues surrounding common area maintenance
(landscaping and drainage) and appropriate pad size.
SECTION NO. 4: This Ordinance is an Interim Urgency Ordinance enacted pursuant
to Sections 36934 and 65858 of the Government Code of the State of California, and in
accordance therewith, shall be of no further force and effect forty-five (45) days after the
adoption of this Ordinance unless after notice pursuant to Section 65090, and public hearing, the
City Council shall extend this Ordinance in accordance with the terms and provisions of Section
65858 of the Government Code.
SECTION NO. 5. The City Council hereby finds, determines and declares that the
immediate preservation of the public peace, health, safety and welfare necessitates the enactment
of this Interim Ordinance as an Urgency Ordinance and that the approval of additional
subdivisions, use permits, variances, building permits, or any other applicable entitlement or
permit for use which is required in order to comply with City of West Covina Municipal Code
would result in that threat to public health, safety, or welfare. The City Council further finds
there is a current and immediate threat to the public health, safety and welfare necessitating the
adoption of this Ordinance as an Interim Zoning Ordinance under Section 65858. Said above
findings are based on the following:
1. The recitals; staff report, presentation, oral testimony and evidence presented are
hereby incorporated herein by this reference and made part of record in support of the findings.
2. The existing conditions of approval contained in the original tract maps approved
approximately thirty (30) years ago and the current development standards do not adequately
address important development concerns relating to, ' but are not limited- to: enclosed parking
requirements for large residential properties; common area drainage maintenance and/or
landscape improvements along hillside slopes; the appropriate ratio between pad size and
residential floor area; the ratio between pad size and open space; appropriate regulations
regarding building height and number of stories for hillside lots; and the appropriateness of
existing zoning standards for elevated structures for hillside lots.
3. A developer has already submitted its initial application for an Administrative Use
Permit for the development of some of the lots within the Properties.
4. If an Urgency Interim Zoning Ordinance is not adopted immediately, and the
development of the residential hillside Properties without appropriate development standards and
regulations could result in the development of residential properties and structures based on non-
existent, out dated, or ineffective development standards that do not safeguard the public health,
safety, and welfare. The conflicts between existing houses and the proposed houses could lead
to negative impacts and circumstances relating to street parking, mansionization, and the
maintenance of slope landscaping and drainage, and render ineffective any new laws, permits, or
regulations. The adoption of this Urgency Ordinance allows City staff to study the existing
Ordinance No. 2243
Page 3
development standards and regulations and determine their adequacy and, if necessary, amend or
draft new development standards and regulations that protects and preserve the public health,
safety, and welfare.
5. Hillside development requires special consideration due to the complexity of
balancing the size of the footprint of the house and the level pad area, determination on
maximum allowed height, and ensuring long term maintenance of the hillside landscaping and
drainage structures without which could lead to hillside drainage and stability issues.
SECTION NO. 7: The provisions of this Ordinance shall not apply to the following:
1. The issuance of demolition permits issued by order of the Building Official for
purposes of protecting the public health, safety, and welfare due to damage to a structure caused
by fire, earthquake, or other natural calamity.
SECTION NO. 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 the adoption of a zoning moratorium
ordinance which does not have the potential for causing a significant effect on the environment.
SECTION NO. 9: The City Council hereby declares it would have passed this
Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does
hereby declare that the provisions of this Ordinance are severable and, if for any reason any
sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not
affect the validity of the remaining parts of this Ordinance.
SECTION NO. 10: At least ten days before the expiration or extension of . this
Ordinance, the City Council shall issue a written report describing the measures taken to address
the issues of concern.
SECTION NO. 11: The definitions and penalties for land use violations that are
prescribed in the West Covina Municipal Code shall apply to violations of the provisions of this
Interim Urgency Ordinance.
SECTION NO. 12: The City Clerk shall certify to the adoption of this Ordinance, and
the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. This
Ordinance shall take effect immediately upon adoption.
APPROVED AND ADOPTED on this 71' day of May 2013.
Ordinance No. 2243
Page 4
I, LAURIE CARRICO,
that the foregoing Urgf
meeting of the City C(
Council:
CITY CLERK of the City of West Covina, California, do hereby certify
acy Ordinance was introduced, approved and duly adopted at a regular
uncil on the 7`" day of May, 2013, by the following vote of the City
AYES:
Herfert, McIntyre, Sotelo, Sanderson
NOES:
Sykes
ABSENT:
None
ABSTAIN:
None
City Clerk Laurie Carrico
APPROVED AS TO FORM:
ity Attomt4 Arnold Alvarez-Glasman
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2243 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3rd floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, ssistant City Clerk
M /
4.
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Posted: ly '20/3