Ordinance - 2230ORDINANCE NO.2230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO REVISING
SEPARATION STANDARDS FOR ANIMAL KEEPING, STANDARDS
FOR GUEST HOUSES AND ESTABLISHING STANDARDS FOR AN
ANIMAL KEEPING OVERLAY ZONE
WHEREAS, on the 6t" day of September, 2011, the City Council initiated a code
amendment to revise standards for animal keeping in the City and to consider the creation of an
overlay zone for animal keeping properties; and
WHEREAS, consistent with the proposed code amendment, a zone change (No. 11-03) is
proposed to identify properties to be placed in the Animal Keeping Overlay Zone; and
WHEREAS, the Planning Commission held study sessions on the 1 I1h day of October, 2011,
the 240' day of January, 2012 and the 28t" day of February, 2012, to discuss potential revisions to the
code; and
WHEREAS; the Planning Commission, upon giving the required notice, did on the 27U' day
of March, 2012, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission did on the 27th day of March, 2012, conduct a
duly advertised public hearing as prescribed by law, at which time the Planning Commission
adopted Resolution No. 12-5462 recommending to the City Council approval of Code
Amendment No. 11-06; 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 l st day of May, 2012; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
1. In September 2011, the City Council adopted Ordinance No. 2220 that adopted a
moratorium that initiated a code amendment and zone change to consider the creation of
anEquestrian Overlay Zone.
2. The West Covina Municipal Code requires the separation of animal keeping areas from
habitable structures, swimming pools and spas.
3. The West Covina Municipal Code allows guesthouses by right in single-family zones.
4. The lots in question currently have conditions and restrictions that have been imposed on
the lots since 1947 to maintain the character of the area.
5. 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 a code amendment, which does not
have the potential for causing a significant effect on the environment as the code
revisions would require discretionary review of small structures that would be
categorically exempt and would be evaluated on a case by case basis.
NOW THEREFORE, the City Council of the City of West Covina does ordain as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 11-06 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
Ordinance No. 2230
Page 2
SECTION NO. 2: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves Code Amendment No. 11-06 to amend Chapter 26
(Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A", attached hereto
and incorporated herein by reference.
SECTION NO.3: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance .be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and it
shall be published as required by law.
APPROVED AND ADOPTED on this 15th day of May, 2012.
ATTEST:
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 1 st day of May 2012. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 151h day of May
2012, by the following vote:
AYES: Herfert, Sotelo, Sykes, Touhey.
NOES:
ABSENT:
ABSTAIN:
None
None
Sanderson
APPROVED AS TO FORM:
ity Attorney Arnol Alvarez-Glasman
Ordinance No. 2230
Page 3
Exhibit "A"
CHAPTER 26 ZONING
SECTION 1. Section 26-206 of Article VI of Chapter 26 of the West Covina Municipal Code,
regarding notices, is amended to read as follows:
Section 26-206. Notices.
Notices of public hearing stating the type of application or nature of proposal, general
description of property under consideration, and the time and place at which the public hearing is
to be held shall be given in the following manner:
(a) For a reclassification of property from one zone to another, redesignation of a
property from one (1) general plan land use designation to another or for a variance
(except slight modifications), conditional use permit, or precise plan of design:
(1) At least ten (10) days prior to the date of the hearing, a public notice shall be
published in a newspaper having general circulation in the city; and
(2) A notice of public hearing shall be mailed to the applicant or his/her agent, the
owner of the property and owners and occupants of all property within a radius of
three hundred (300) feet of the exterior boundaries of the property under
consideration, using for this purpose the name and address of such owners as
shown upon the latest available assessment rolls of the county assessor. The
notices shall be mailed at least ten (10) days prior to the date of the public
hearing.
(3) Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to each local agency expected to provide water, sewage, streets, roads,
schools, or other essential facilities or services to the project, whose ability to
provide those facilities and services may be significantly affected.
(4) Both mailing and publication are to be used in all instances unless otherwise
directed by the city council.
(b) For amendments, supplements or changes to the zoning ordinance that do not
reclassify any property from one (1) zone to another but do impose, change, or
remove any new regulation on the use or development of property and for
amendments to the general plan text:
(1) At least ten (10) days prior to the date of the hearing, a public notice shall be
published in a newspaper having general circulation in the city.
(c) For slight modifications:
(1) A notice of public hearing shall be mailed to the applicant and to the owners and
occupants of all property abutting or affected by the subject property or separated
there from only by a street or alley, at the address of such owners as shown on the
last equalized assessment roll. The notices shall be mailed at least ten (10) days
prior to the date of the hearing.
(d) For administrative use permits:
(1) A notice that describes the proposed project and indicates the length of the public
review period (including the last date that a request for a public hearing may be
given to the planning department) shall be mailed to owners and occupants of
surrounding property as indicated below. The public review period shall extend
for ten (10) days from the date that the initial notice was mailed, except in the
case of large family day care homes which shall have a public review period of
fourteen (14) days. If a request for a hearing is received during the specified time,
a notice shall be mailed a minimum of seven (7) days prior to the date of the
hearing, indicating the date, time, and location of the scheduled public hearing.
a. Adjacent properties: Notices shall be mailed to the property owners and
occupants of the subject site and to the two (2) properties on both sides of the
subject site in the case of applications for secondary driveways.
Ordinance No. 2230
Page 4
b. One -hundred -foot noticing radius: Notices shall be mailed to the property
owners and occupants of the subject site and all properties within a radius of
one hundred (100) feet of the exterior boundaries of the subject site in the case
of applications for the following purposes: large family day care homes,
miniature potbellied pigs, sign exception review; outdoor uses within the
outdoor uses overlay zone, wall and fence height increases, and canopy
structures.
c. Three -hundred -foot noticing radius: Notices shall be mailed to the property
owners and occupants of the subject site and all properties within a radius of
three hundred (300) feet of the exterior boundaries of the subject site in the
case of applications for the following purposes: large expansion and
maximum unit size exception, two-story additions, large accessory building,
retaining walls, building and roof -mounted wireless telecommunication
antennae facilities, postal service uses, and computer game/internet access
centers as defined in section 26-685.2.
d. Animal Keeping Overlay Zone: Notices shall be mailed to all property
owners and occupants of the subject site and all property owners or
occupants of properties within the Overlay Zone and any property
owners or occupants of properties that are adjacent to the subject site
and share a uroperty line for improvements in the lower pad area.
SECTION 2. Section 26-391 of Article VIII of Chapter 26 of the West Covina Municipal Code,
regarding permitted uses, is amended to read as follows:
26-391. Permitted uses.
26-391. Permitted uses.
No building or improvement or portion thereof in the Residential Agricultural Zone (R-A) or
the Single -Family Residential Zone (R-1) shall be erected, constructed, converted, established,
altered or enlarged nor shall any lot or premises be used except for one (1) or more of the
following purposes:
(a) One single-family dwelling per lot.
(b) Accessory buildings.
(1) Accessory living quarters or guest houses as defined in section 26-63. As such, these
structures are regulated by the underlying development standards of the particular zone
and area district.
To ensure appearance and character of the residential R-1 zone is maintained, while at the
same time acknowledging the capacity of the existing infrastructure, the following
regulations are established:
a. Maximum size: 640 square feet.
b. One such accessory use is permitted per lot and is allowed to be constructed above a
garage except when said garage is located in the rear yard as per section 26-407. The
placement of windows on second story guest houses shall be sensitive to the privacy
of adjacent property owners.
c. The property owner shall be required to record a deed restriction limiting the use of
the guest house or accessory living quarter as stated in section 26-63 of the West
Covina Municipal Code, allowing an annual inspection by City staff, and
providing property owner shall be liable for cost recovery of any City
enforcement efforts necessary, as stated in Section 2-408, if the guest house has
been illegally modified. Said deed restriction shall be provided, to the planning
division prior to the issuance of a building permit.
d. Whenever any expansion or alteration to a building, garage or guest house is designed
with multiple hallway entrances, multiple toilet and bath facilities or bar sink
installations, so that it can be easily divided into or used for separate apartments or
guest houses, then provisions of section 26-391(b)(1) a.—c. shall apply.
Ordinance No. 2230
Page 5
(2): Nonhabitable accessory buildings or structures, including, but not limited to the
following:
a. Garages;
.........................
b. Carports;
C. Workshops;
d. Storage rooms or sheds;
e. Detached patio covers.
(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.
_ . �.....
EUT
JUO ("}—The location of barns, corrals, or stables shall comply with section 26-3%405.5.
A barn, corral, or stable may be located within fifty (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.
ill
(Q)--Refuse from animals mentioned in subparagraphs (4), (5), and (6) above 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.
JU2 (13) -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.
f131" Notwithstanding the poultry and animals permitted to be kept pursuant to
paragraphs (1) through (13) above, no wild and dangerous or wild and potentially
dangerous animal or animals (as defined in section 6-1 of this code) shall be brought
into, kept, harbored, possessed, liberated, or maintained on any portion of any lot or
within any building or structure thereon.
(i) This prohibition shall not apply to any offspring of any legally kept wild animal
until such offspring reaches an age of four (4) months.
(ii) This prohibition shall not apply to any circus or show involving the temporary
exhibition of wild animals when otherwise permitted under this Code.
(f) Garage sales. (See requirements in section 14-101 to 14-104).
(g) Home occupations as set forth in article XII, division 5 of this chapter.
(h) State -authorized small family day care.
(i) State -authorized residential care facilities (six (6) or fewer clients).
SECTION 3. subsection (e) of Section 26-405.5 of Article VIII of Chapter 26 of the West
Covina Municipal Code, regarding special requirements for yards and setbacks, is amended to
read as follows:
Ordinance No. 2230
Page 6
26-405.5 Special requirements for yards and setbacks.
r.�sT i
1. Thirty five (35) feet when the struetures to be separated are loented on
same lot;
2. Fifty (50) feet when the strueta#es to he separated are loeated on adjaeen
e) A minimum separation of thirty-five (35) feet shall be maintained between a structure
used for habitable purposes, swimming pool or spa and animal keeping areas. Animal
keeping areas shall include barns, corrals, or stables, to maintain a horse or any other
animal mentioned in section 26-391 (e) (5) and (6).Animal keeping areas shall include barns,
corrals or stables to maintain a horse or any animal mentioned in subparagraphs (4) and (5)
above. Animal keeping areas shall include barns, corrals or stables to maintain a horse or any
animal mentioned in subparagraphs (4) and (5) above. Legal nonconforming uses or buildings
in existence prior to June 14, 2012 (e) that do not fully meet the stated separation
requirements, may continue to be maintained, repaired, and/or rebuilt to the same size and
configuration as long as such nonconforming uses and buildings were legally established
and maintained. Anv addition to, or expansion of, such structures, however, shall cause the
stated separation requirements to apply.
SECTION 4. Division 6 of Article XIII of Chapter 26 of the West Covina Municipal Code,
regarding the animal keeping overlay zone, is added to read as follows:
DIVISION 6. Animal Keeping Overlay Zone
26-749.110. Purpose.
The purpose of the residential -animal keeping overlay zone is to protect current and future
animal keeping opportunities, protect animal owners from iniurv, and create orderly
development standards. The regulations contained in this division are in addition to those
in the underlying zone which are applicable to the properties in the overlay zone.
26.749.120. Location.
The animal keeping overlay zone consists of properties on the north side of Vanderhoof
Drive, including Tract 12292, Lots 18 through 27 (addresses 2633, 2641, 2653, 2707, 2715,
2727, 2743, 2755, 2769, and 2807 Vanderhoof Drive).
26.749.130. Definitions;
For the purposes of this chapter, the following definitions shall apply:
(a) Lower Pad Area - The lower pad area is the portion of land at the rear of the
properties that is at approximately the same elevation as the rear property line and
is relatively level.
(b) Slope Area — The slope area is the hillside area that separates the lower pad area
from the upper pad area and is located in the center of the properties.
Ordinance No. 2230
Page 7
(c) Upper Pad Area — The upper pad area is the portion of land at the front of the
properties graded for the development per Tract Map No. 12292, at a similar
elevation as the street and is relatively level.
26.749.140. Permitted Uses.
Uses permitted with the animal keeping overlay zone shall be those permitted within the
underlying zone, subiect to the development standards in the underlying zone and in
Sections 26.749.150 and 26-749.160.
26.749.150. Lower Pad Area Development Standards.
The following development standards shall apply to improvements located in the lower pad
area of the lots within the overlay zone.
(a) Setbacks. The setbacks for any proposed improvements shall take into account
the size of the subject property and the impacts to the neighboring properties.
The location of the site of the improvement shall be based on the type of
improvement proposed.
(b) Separation of uses. The location of the proposed improvement shall, at a
minimum, conform to the separation standards specified in Section 26-405.5 (e).
Greater separation distances are encouraged to reduce conflicts between uses.
(c) Structural design. The structural design of the improvements shall be
compatible with the architecture of the main house on the property and the
agrarian nature of the lower pad area.
(d) Screening. Fences, walls, and/or landscaping shall be provided to provide visual
separation between properties. Screening shall be sensitive to animal keeping
areas in proximity to habitable space/recreational improvements, and vice versa.
26-749.160. Administrative use permit required.
(a) Prior to the construction of any improvement in the lower pad area such as
habitable structures (including guest houses), nonhabitable structures that
require the issuance of a building permit, swimming pools, spas, sports courts,
and similar uses (whether or not a building permit is required), an
administrative use permit shall be required as specified in Article VI, Division 5
of this Chapter 26.
(b) Before an applicant for an administrative use permit for improvements in the
lower pad area of the overlay zone may be granted, the following findings must
be made•
1. That the proposed improvement at the particular location would not be
detrimental to the current or future keeping of animals in the lower pad area
of surrounding properties.
2. The location and design of the improvement has given consideration to the
separation of animal keeping areas from habitable space/recreational
improvements.
3. The location and design of the improvement shall not be detrimental to the
privacy of surrounding properties through the usage and placement of
windows and doors, view -obscuring walls and/or fences, retaining walls, trees
and other buffering landscaping materials.
4. The development can be adequately served by existing and/or required
infrastructure and services.