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Ordinance - 1959ORDINANCE N.O. 1959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE ALLOWABLE NUMBER OF HORSES THAT CAN BE MAINTAINED ON RESIDENTIAL AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1) ZONED PROPERTIES AND HORSE MAINTENANCE STANDARDS (AMENDMENT NO. 264). WHEREAS, on May 23, 1995, the Planning Commission initiated the code amendment as a result of five variance requests from Vanderhoof Drive homeowners to maintain an additional number of horses on their properties; and WHEREAS, the current horse regulations have not been amended. since 1976 and need to be updated to be more consistent with surrounding cities; and WHEREAS, the code amendment also includes allowing an increased number of horses for Vanderhoof Drive lots to reflect the area's topography and proximity to' a Special Facilities Park (Ridgerider's Equestrian Center); and WHEREAS, the City Council believes it is within the best interest of its residents to allow more horses to be maintained on R-A and R-1 residential properties while. also expanding the horse maintenance standards to minimize adverse impacts to surrounding property owners; and WHEREAS, the Planning Commission, upon giving the required notice, did. on the 25th day of July, 1995, conduct a duly advertised public hearing as prescribed by law, .and approved Planning Commission Resolution No. 7-95-4318, recommending that the City Council adopt Amendment No. 264; 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 15th day of August, 1995; and . WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. The General Plan of the ,City of West Covina maintains as one of its goals the preservation of the essential residential character of West Covina - a City of beautiful homes; the maintenance of existing residential development; and providing an aesthetically pleasant environment for those who live, work, play, and visit in West Covina; and 2. The keeping of selected farm animals such as horses, cows, and goats on large single-family residential lots is. a common practice and has been permitted within the West Covina Zoning Code since the 1960's. 3. Expanding the minimum development standards for keeping horses and other farm animals on residential property will protect surrounding homeowners from the adverse impacts of maintaining these animals. 4. Allowing an additional number of horses to be maintained on those lots which abut the Ridgerider's Equestrian Center will reflect the neighborhood's unique setting and its ability to support an additional number of horses. 5. Allowing an additional number of horses to be maintained on those lots which abut the Ridgerider's Equestrian Center will enhance the usefulness of a facility which is designated a Special Facilities Park within the Environmental Quality Element of the City's General -Plan. CA2640RD.DOMCAKMHORSES Ordinance No. 1959 Code Amendment No. 264 (Horse Regulations) September 5. 1995 - Page 2 6. The project is Categorically Exempt as a Minor Alterations in Land Use Limitations (Class 5) per Section 15305 of the California Environmental Quality Act (CEQA) of 1970, as amended. NOW,. THEREFORE, the City Council of the City of West Covina hereby ordains as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Amendment No. 264 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. SECTION NO. 2: Based on the evidence presented and the findings set forth, the City Council of the City of West Covina hereby amends Chapter 26 (Zoning) of the West Covina Municipal Code to read as follows: CHAPTER 26. ZONING ARTICLE VI11. RESIDENTIAL AGRICULTURAL/ONE-FAMILY ZONES Sec. 26-391. Permitted uses. (a) through (d) [no change] (e) The following poultry and animals of such type, size and number so as not to be capable of inflicting harm or discomfort or endangering the peace, health or safety of any person or property. (1) Household pets, Provided that not more than three (3) adult dogs or four (4) adult cats or one (1) miniature pot-bellied pig (subject to the approval of a miniature pot-bellied pig permit) or a combination of three (3) such animals may be kept on any lot unless a conditional use permit has been granted authorizing the development, maintenance and operation of a hobby kennel on the lot, or as otherwise permitted pursuant to an approved miniature pot-bellied pig permit. (2) Poultry (hens only in R-1 zone) and pigeons, provided not more than twenty-four (24) birds are maintained on any lot or parcel, except that a maximum of sixty (60) domestic homing pigeons as defined by the American Pigeon Racing Union may be kept on any lot or parcel. (3) Rabbits, chinchillas, hamsters and other small animals raised for: a. Food or scientific fur bearing purposes, in the R-A zone only. b. Domestic noncommercial use in the R-A and R-1 zones. provided not more than a total of twenty-four (24) of such animals and birds described in paragraphs (2) and (3) may be maintained on a site (in both R-A and R-1 zones). (4) In Area Districts III, IV and V, bovine animals, sheep and goats or any combination thereof in the R-A zone, may be maintained on sites having at least 20,000 square feet, provided that the following ratio of animals to CA264.ORD.DOC\C:\KA\HORSES Ordinance No. 1959 Code Amendment No.. 264 (Horse Regulations) September 5. 1995 - Page 3 lot area is maintained and that they are owned only by persons residing on the parcel: No. of Animals Lot Area 1 20,000 sq. ft. 2 35,000 sq. ft. 3 43,560 sq. ft. (one acre) (5) In Area Districts III, IV and V, horses may be maintained on lots of 20,000 square feet or greater. (a) The number of horses over nine months of age permitted to be maintained shall be as follows: No. of Horses 2 3 4 5 Minimum Lot Area 20,000 sq. ft. 27,500 sq. ft. 35,000 sq. ft. 42, 500+ sq. ft. (b) For lots that abut a "Special Facilities Park," the number of horses permitted to be maintained shall be increased as follows: No. of Horses 2 3 4 5 Minimum Lot Area 20,000 sq. ft. 25,000 sq. ft. 30,000 sq. ft. 35,000+ sq. ft. (c) The keeping of horses under ten (10) months of age are not subject to the limitations stated above. (6) An additional number of horses, bovine animals, sheep or goats in excess of those permitted under subparagraphs (4) and (5) may be maintained up to a maximum of ten (10), subject to the granting of a conditional use permit pursuant to Section 26-246. (7) Commercial boarding or breeding of horses may be permitted subject to the granting of a conditional use permit pursuant to Section 26-246. (8) Animals listed in subparagraphs (4) and (5) must be kept within a corral, pen, or other suitable enclosure maintained so as to confine such animals. In addition, horses must be provided with a corral or stable area of the following minimum sizes: 1) Corral - 240 square feet per horse; minimum dimensions of 12 feet by 20 feet 2) Stable -12 feet by 12 feet per horse Corrals shall be a minimum of five (5) feet in height and shall be constructed of material to adequately confine the horses. CA264.ORD. DOC\C:\KA\HORSES 0 Ordinance No. 1959 Code Amendment No. 264 (Horse Regulations) September 5. 1995 - Page 4 (9) Barns, corrals, or stables constructed to maintain a horse or any animal mentioned in subparagraphs (4) and (5) shall be located not less than 35 feet from any residence or other structure used for habitable purposes on the same lot, and not less than 50 feet from any residence or other structure used for habitable purposes on adjacent lots. (10) The location of barns, corrals, or stables shall comply with Section 26-391. A barn, corral, or stable may be located within 50 feet of a front property line at the discretion of the Planning Director or his designee where the design and appearance of such structures is determined to be harmonious with and complementary to that of surrounding properties. (11) Refuse from animals mentioned in subparagraphs (4), (5), and (6) shall be stored in water -tight receptacles with close fitting lids or stockpiled for composting. The outer layer of manure shall be covered with polyethylene tarp and sealed by covering the edges with soil for animal composting. Stored animal refuse shall be disposed of not less than once per week. (12) Barns, corrals, or stables shall be cleaned and maintained on a weekly basis such that dust, flies, and odors shall not be detectable from adjacent properties. ARTICLE XII. SPECIAL REGULATIONS FOR UNIQUE USES DIVISION 5. HOME OCCUPATIONS Sec. 26-671. through Sec. 26-672. Sec. 26-673. Permitted uses. (a). through (c) [no change] (d) Services and uses allowed with a conditional use permit as set forth in section 26-246: (1) Foster home (more than six (6) children). (2) Hobby kennel. (3) Second -family units on single-family lots, as provided in division 11 of this article. (4) Horse boarding or breeding. CA264.ORD. DOC\C:\KA\HORSES I 0 Ordinance No. 1959 Code Amendment No. 264 (Horse Regulations) September 5. 1995 - Page 5 Sec. 26-674. through Sec. 678 [no change] SECTION NO. 3: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND'APPROVED this 5th day of September, 1995. 1yor ATTEST: L�2 "- J6 City Clerk STATE OF 'CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF WEST COVINA ) I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. I q 59 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 15th day of August 1995. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th day of September, 1995. AYES: Manners, McFadden, Touhey, Wong, Herfert NOES: None ABSENT: None City Clerk APPROVED AS TO FORM: City Attorney CA264.ORD.DOC\C:\KA\HORSES