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Ordinance 23-19ORDINANCE NO. 23-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 120.05.010 (DIMENSIONAL REQUIREMENTS) OF THE EASTVALE MUNICIPAL CODE WHEREAS, Section 120.05.010 of Eastvale Municipal Code contains standards that establish height limits on adjacent non-residential zoning districts. WHEREAS, the City desires to amend this section to address incorrect references. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS: SECTION 1. Section 120.05.010(d) of the Eastvale Municipal Code is amended in its entirety to read as follows (with crossed out words indicating deletions and underlined words indicating additions): Sec. 120.05.010. - Height requirements. (d) Height exceptions. Public or semipublic buildings in the R-1 and R-2 zones may be erected to a height not exceeding four stories or 60 feet when the required yards are increased by an additional two feet for each foot by which the height exceeds 35 feet. Structures necessary for the maintenance and operation of a building and flagpoles, wireless masts, chimneys or similar structures may exceed the prescribed height limits where such structures do not provide additional floor space. Exceptions to the height regulations are as follows: (1) General height exceptions. Towers, penthouses, and iother roof structures for the purpose of shelter for mechanical equipment, cupolas, water tanks, church steeples, carillon towers, radio television antennas, and similar structures and necessary mechanical appurtenances may be erected on a building, or on the ground, to a height greater than the limit otherwise established within the underlying zone, or for that use, provided that no such exception shall cover at any level more than' 15 percent of the area of the lot nor have an area at the base greater than 1,600 square feet (see section 120.04.140, wireless communication facilities). All construction is subject to approval of building inspection. Signs may not be placed on such structures at any height exceeding the height of an otherwise permitted building. Fences or walls may be required and conditioned to exceed six feet in height for a project, as determined by the approving authority hearing related planning matters on the same parcel of land. (2) Height exceptions for residential zones. As part of minor and major development review, the designated approving authority may allow apartment houses, schools, churches, public buildings, and other similar buildings to be erected to a height not to exceed 75 feet, provided that the required yards are increased one foot for each one foot of height increase of said building. Please refer to sections 120.02.030 (Adjustments) and 120.02.040 Variances) for additional information. (3) Commercial and industrial zones. As part of development review, the designated approving authority may permit the maximum height for buildings in the commercial and industrial zones to be increased to a maximum of 150 feet, provided that all portions of the building exceeding the underlying height maximum are set back from the ultimate right-of-way line of all abutting streets and freeways a distance of at least equal to the height of that portion of the building. (4) Hazards to air navigation. Notwithstanding the regulations set forth in this section, no building or structure may be permitted at a height or elevation determined to be a hazard to air navigation. SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law. SECTION 4. This ordinance shall take effect thirty (30) days after its passage by the City Council. PASSED, APPROVED AND ORDAINED this 8th day of February, 2023. APPROVED AS TO FORM: U6'C-U Erica Vega City Attorney / Todd Rigby Mayor ATTEST: I M Marc A. Donohue, MMC City Clerk/Communications Director STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) § CITY OF EASTVALE ) I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-19, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 25th day of January, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 8th day of February, 2023, by the following vote: AYES: Councilmembers Lorimore, McMinn, Yow, Mayor Pro Tern Dinco, and Mayor Rigby NOES: ABSENT: w:>;11r_IiiI Marc A. Donohue, MMC City Clerk/Communications Director