Ordinance - 1962ORDINANCE NO. 1962
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, EXTENDING
ORDINANCE NO. 1961 PURSUANT TO SECTION
65858(a) OF THE CALIFORNIA GOVERNMENT
CODE
WHEREAS, on December 5, 1995, the City Council of the City of West
Covina adopted Urgency Ordinance No. 1961 which established an interim
administrative review process for the keeping of horses on single-family
residentially zoned properties within Area Districts III, IV, and V; and
WHEREAS, the Urgency Ordinance was adopted to protect the health
and quality of life of- residents from the potential fly, dust, and odor impacts
associated with the keeping of horses; and
WHEREAS, pursuant to Section 65858 (a) of the California Government
Code, Urgency Ordinance No. 1961 was adopted as an interim measure for a
45-day, period; and
WHEREAS, pursuant to Section 65858(a) of the California Government
Code, the City Council may extend the urgency ordinance for a period of ten
months and fifteen days with a four -fifths vote at a duly noticed public hearing;
and
WHEREAS, without the extension of the Urgency Ordinance, the lack of
an administrative review process may allow the keeping of horses at properties
where it is inappropriate due to potential dust, fly and odor impacts on
surrounding residences; and
WHEREAS, staff requires additional time to determine the number and
locations of properties where the keeping of horses may be detrimental to
surrounding neighbors and to develop a possible code amendment to establish a
permanent administrative review process; and
WHEREAS, the City Council, upon giving the required notice, did on the
16th day of January 1996, conduct a duly advertised public hearing as prescribed
by law to consider the proposed time extension of Urgency Ordinance No. 1961.
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.
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ORDINANCE NO. 1962
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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.
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 for a period of ten months and fifteen
days under California Government Code Section 65858. The ordinance shall be
of no force and effect ten months and fifteen days from the date of its adoption
unless extended before that time pursuant to Government Code Section 65858.
PASSED, APPROVED AND ADOPTED this 16th day of January, 1996.
ATTEST:
City ClerK,
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ORDINANCE NO. 1962
January 16. 1996 - Page 3
0
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 the 16th day of January, 1996, by the following vote:
AYES: Planners, McFadden„ -Wong,, .Herfert _
NOES: Touhey
ABSENT: None
APPROVED AS TO FORM:
0, tV 4-A 24, 11x Oyl
City ttorney
City Clerk {
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