Ordinance - 1961URGENCY ORDINANCE NO. j2a
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, PERTAINING TO THE KEEPING OF
HORSES ON RESIDENTIAL -AGRICULTURE (R-A)
AND SINGLE-FAMILY RESIDENTIAL (R-1) ZONED
PROPERTIES
WHEREAS, the. City. Council of the City of West Covina has established
regulations allowing horses to be maintained on single-family residentially zoned
properties within Area Districts III, IV, and V; and
WHEREAS, the City Council is aware that certain properties within these
areas may not be appropriate for the keeping of horses due to the potential for
dust, fly and odor impacts on surrounding residences; and
WHEREAS, it is the intent of the City Council to provide reasonable
protection of property rights to all property owners as well as to provide a
healthy living environment for residents; and
WHEREAS, the City Council intends to examine the potential for
properties within Area Districts III, IV, and V that may be permitted to maintain
horses to adversely impact surrounding properties and residents; and
WHEREAS, the City Council is considering the adoption of revisions to
the Zoning Code which may impact on the ability to maintain horses on these
properties; and
WHEREAS, during the period that the review of potential properties is
being conducted, the City Council believes that a threat to health, safety, and
welfare of the citizens of West Covina exists prior to adoption of revisions to the
Zoning Ordinance in that horses could be placed in inappropriate locations
and/or purchasers could be confused as to allowable property uses and,
therefore, intends to adopt this urgency measure under Government Code
Section 65858.
NOW, THEREFORE, the City Council of the City of West Covina,
California hereby ordains as follows:
Section 1: Notwithstanding any provisions of the West Covina Municipal Code
to the contrary,
A. Properties in the Residential -Agriculture (R-A) and Single -Family
Residential (R-1) zones which do not have horses on them as of
the date of this ordinance may not establish the keeping of horses
(up to five) without first obtaining approval of the Planning Director
subject to the following procedure:
1. The applicant shall file a plan identifying the location of the
horse stable, barn, and/or corral, the number of horses to be
Maintained, and the distances to existing residences
surrounding said stable, barn, and/or corral (both on- and
off -site) to the satisfaction of the Planning Director.
2. Mailed notice shall be provided to the property owners and
tenants of all properties within 100 feet of the subject
property. 10 days prior to. approval or denial of the
application by the Planning Director.
ORDINANCE NO.
Page 2
3. The action of the Planning. Director to approve, deny, or
approve the application with modifications or conditions of
approval may be appealed to the Planning Commission
within ten days of the decision of the Planning Director.
B. Properties wishing to establish the keeping of horses in excess of
five horses shall obtain' a conditional use permit pursuant to
Chapter 26, Article VI, Division 3 of the West Covina Municipal
Code.
C. Properties in the R-A and R-1 zones that are located adjacent to a
Special Facilities Park, as listed within the West Covina General
Plan, whether or not horses are kept thereon as of the date of this
ordinance shall not require approval of a conditional use permit but
may establish the keeping of horses pursuant to the current Code
provisions.
Section 2: Severability. Should any section, subsection, clause, or provision
of this urgency ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity
or constitutionality of the remaining portions of this urgency ordinance; it being
hereby expressly declared that this urgency ordinance, and each section,
subsection, sentence, clause and phrase hereof would have been prepared,
proposed, approved and ratified irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 3: Immediately Effective. This ordinance is for the immediate
protection of public health and safety by preventing any further establishment of
horses on residential properties without proper review, consideration, and
mitigation of impacts during the adoption of a permanent zoning ordinance and,
as such, shall be effective immediately and shall be effective for 45 days under
Government Code Section 65858.
PASSED, APPROVED AND ADOPTED this 5th day of December ,
1995.
Mayor
ATTEST:
-,c/
City Clerk--
I, hereby. certify that the foregoing Ordinance was duly adopted by the
City Council of the City of West Covina, California, at a regular meeting thereof
held on the5th day of Dec. , 1995, by the following vote:
AYES: Manners, McFadden, Touhey, Wong, Herfert
NOES: None
ABSENT: None
f
City Clerk
ORDINANCE NO.
Page 3
APPROVED AS TO FORM:
CityW torney
J W C/hrsregs.003
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