Ordinance - 2245ORDINANCE NO.2245
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA EXTENDING A MORATORIUM
FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND -FIFTEEN
DAYS, PROHIBITING CONSTRUCTION OF RESIDENTIAL
STRUCTURES ON VACANT PROPERTIES 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 ih 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;
WHEREAS, on May 7, 2013, the City Council adopted Urgency Ordinance No. 2243
enacting an initial, temporary forty-five (45) day moratorium prohibiting the approval or
issuance of any licenses, permits, grading permits, building permits, tentative parcel or tract
maps, or other entitlements in connection with the Properties pursuant to the Government Code
section 65858;
WHEREAS, pursuant to Government Code section 65858, the City may, after notice and
a public hearing, extend the moratorium imposed under the Ordinance No. 2243 for an additional
ten (10) months and fifteen (15) days;
Ordinance No. 2245
Page 2
WHEREAS, on June 4, 2013 the City Council issues its report pursuant to Government
Code section 65858(d) describing the,measures taken to alleviate the conditions which led to the
adoption of the moratorium;
WHEREAS, a public hearing to extend the moratorium was duly noticed by City staff
pursuant to Section 65090 of the Government Code;
WHEREAS, on June 4, 2013, the City Council approved and issued its report pursuant
to Government Code section 65858(d) describing the measures taken to alleviate the conditions
which led to the adoption of Ordinance No. 2243; and
WHEREAS, the City Council now desires to extend interim urgency Ordinance No.
2243, enacting a moratorium 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 for a period of 10 months and 15 days (unless
otherwise earlier superseded or rescinded by the City Council) pursuant to Government Code
Section 65858.
THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: After hearing all applicable evidence, the City Council finds that
the conditions and findings recited in Ordinance No. 2243 continue to exist (and are incorporated
herein by this reference) and that further studies by the Planning Commission are necessary in
order to develop the proper criteria, conditions of approval and regulations for the orderly.
planned and coordinated development and future use of residential structures on the 79 lots
identified. As such, the City Council approves and hereby issues its report as set forth in the
staff report accompanying this Ordinance which describes the measures taken to alleviate the
conditions which led to the adoption of this Ordinance and Ordinance No. 2243 pursuant to
Government Code section 65858(d).
SECTION NO.2: FINDINGS. The City Council hereby finds, determines and
declares that there is a current and immediate threat to the public health, safety and welfare
necessitating the adoption of this Ordinance as an interim urgency ordinance pursuant to
Government Code section 65858. The City Council further finds that the immediate
preservation of the public peace, health, safety and welfare necessitates the enactment of this
Interim Urgency Ordinance extending the moratorium enacted by Ordinance No. 2243 because
the approval of additional subdivisions, use permits, variances, building permits, or any other
applicable entitlement or permit for use as required under the City of West Covina Municipal
Code would result in threat to public health, safety, or welfare. The above findings are based on
the following facts:
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 residential property developer has already submitted its initial application for
Administrative Use Permits and related entitlements for the development of twenty-two (22) lots
of the Properties that would be subject to the existing zoning code and development standards
that, absent this moratorium, could lead to a conflict between the potential code amendments to
be studied and the proposed development.
Ordinance No. 2245
Page 3
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, 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 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.
6. City staff requires additional time to study potential municipal code amendments,
receive and consider public input, receive and consider input with .the residential property
developer that own or have an interest in the Properties.
SECTION NO.3: EXTENSION OF MORATORIUM. The City Council hereby
orders that Ordinance No. 2243 be extended for an additional term of ten (10) months and fifteen
(15) days subject to all of the terms and provisions contained in Ordinance No. 2243, unless
otherwise superseded or rescinded by the City Council or extended pursuant to Government
Code section 65858. During the extension period, . 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 is prohibited on the following properties.
Tract No. 32324, Lots 18, 25-29, 76-111, and 193-201; and Tract No. 47809, Lots 30-31 and
38
SECTION NO. 4: ENVIRONMENTAL REVIEW. 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.5: SEVERABILITY. 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.6: EFFECTIVE DATE AND DURATION. This ordinance is an
urgency ordinance enacted under Government Code section 65858. This urgency ordinance is
effective upon adoption by a four -fifths vote of the City Council and extends the moratorium
enacted under Ordinance No. 2243 for a period of ten (10) months and fifteen (15) days from the
date of the expiration of the initial forty-five (45) moratorium enacted by Ordinance No. 2243 at
which time it will automatically expire, unless sooner superseded, rescinded, or extended by the
City Council in accordance with Government Code section 65858.
SECTION NO. 7: PENALTIES. 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 Ordinance.
SECTION NO. 8: PUBLICATION. 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.
Ordinance No. 2245
Page 4
INTRODUCED, APPROVED AND ADOPTED on this 4th day of June 201.3.
ATTEST:
City Clerk Laurie -Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Urgency Ordinance was introduced, approved and duly adopted at a regular
meeting of the City Council on the 4th day of June, 2013, by the following vote of the City
Council:
AYES: Herfert, McIntyre, Sotelo, Sanderson
NOES: Sykes
ABSENT: None
ABSTAIN: None
City Clerk Laurie
APPROVED AS TO FORM:
Ci Attorney 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. 2-�14$ 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, Assistant City Clerk
Posted: 9,c( It4 2.013
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