Ordinance - 2231ORDINANCE NO. 2231
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.11-03
WHEREAS, on the 61h day of September, 2011, the City Council initiated a zone change to:
Create an "Animal Keeping Overlay" Zone on the existing "Single -Family" Residential
(R-1) Zone (Area District III)
on that certain property generally described as follows:
Assessor Parcel No. 8480-009-(018-027), as shown on the latest roll of the Los 'Angeles
County Tax Assessor (2633 through 2807 Vanderhoof Drive); and
WHEREAS, consistent with the proposed zone change, a code amendment (No. 11-06) is
proposed to create the Animal Keeping Overlay Zone and include development standards; and
WHEREAS, the proposed zone change is consistent with the General Plan Designation of
"Suburban Residential"; and
WHEREAS, the proposed zone change establishes consistency between the General Plan
and Zoning Map; and
WHEREAS, said zone change is requested to allow for the rezoning of the above property
to add the "Animal Keeping Overlay Zone" for the purpose of protecting current and future animal
keeping opportunities, protecting animal owners from injury, and creating orderly development
standards; and
WHEREAS, the Planning Commission held study sessions on the IIth day of October,
2011, the 24th day of January, 2012 and the 28th day of February, 2012, to discuss potential revisions
to the code; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the'27th day
of March, 2012, conduct a duly noticed public hearing to consider said application; and
WHEREAS, the Planning Commission did on the 27th day of March, 2012, conduct a duly
noticed public hearing to consider the subject application for a Zone Change, at which time the
Planning Commission adopted Resolution 12-5463 recommending approval to the City Council;
and
WHEREAS, the City Council did, on the 1st day of May, 2012, conduct a duly advertised
public hearing as prescribed by law, and considered evidence presented by the Planning
Commission, Planning Department, and other interested parties.
WHEREAS, studies and investigations made by the City Council 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 an Equestrian Overlay Zone.
2. The West Covina Municipal Code requires the separation of animal keeping areas
from habitable structures, swimming pools and spas.
3. 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.
4. Findings necessary for approval of zone change are as follows:
Ordinance No. 2231
Page 2
a. There are changed conditions since the existing zoning became effective to
warrant other or additional zoning.
b. The proposed change of zone will not adversely affect adjoining property as
to value or precedent and will not be detrimental to the area.
C. A change of zone will be in the interest or furtherance of the public health,
safety, and general welfare.
d. The approval of such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
e. The approval of such a zone change is consistent with the General' Plan or
applicable specific plans.
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.
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as
follows:
a. The subject properties are currently zoned "Single -Family" Residential (Rill) Zone
(Area District III). The proposed zone change would add the "Animal Keeping
Overlay" Zone to the ten properties. The properties are each divided into two
distinct segments, an upper pad area near Vanderhoof Drive where the houses are
constructed, and a lower pad area adjacent to the park that has historically been used
to stable and corral horses. The Overlay Zone would require discretionary review of
improvements in the lower pad area to ensure the proper and convenient separation
of the residential accessory structures and recreational uses from animal'; keeping
areas.
b. The proposed zone change will not adversely affect adjoining property values and
will not be detrimental to the area because the modification will establish
consistency between the General Plan and Zoning Map and allow for future
improvements located on the subject property.
C. The proposed zone change is compatible with the surrounding area and will not
adversely affect the public health, safety or general welfare of the surrounding
neighborhood, as the properties are currently developed with residential uses and
most of the properties have animal keeping areas in the lower pad areas.
d. The proposed zone change will not adversely affect the General Plan as consistency
between the General Plan and the Zoning Map will be maintained, since the
approval of this zone change is consistent with the General Plan designation of
"Suburban Residential".
e. The approval of such a zone change is consistent with the General Plan, as the
General Plan land use designation for the site is "Suburban Residential". 1,
NOW, THEREFORE, the City Council of the City of West Covina, California, doe's hereby
ordain as follows:
SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above
Zone Change No. 11-03 is hereby found to be consistent with the City's General Plan and
the land uses permitted within said zone classification.
SECTION NO. 2: The project is a General Exemption (Section 15061 (b) (3)) from the
California Environmental Quality Act of 1970 (CEQA) in that the proposed zone change
Ordinance No. 2231
Page 3
will not have a significant effect on the environment and any future development of the
property would be reviewed for compliance with CEQA.
SECTION NO. 3: The Planning Commission does hereby recommend to the City Council
that it approval of Zone Change No. 11-03 (Exhibit "A").
APPROVED AND ADOPTED on this 15th day of May, •2012.
ATTEST:
/ W 0 vy -IV(,-U�
City Clerk aurie. Carrico
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
11
meeting of the City Council on the 1st day of May 2012. That thereafter said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 15th day of May 2012, by the
following vote:
AYES: Herfert, Sotelo, Sykes, Touhey
NOES: None
ABSENT: None
ABSTAIN: Sanderson
APPROVED AS TO FORM:
ty Attorney Arnold Alvarez-Glasman
City Clerk urie=Carrico "-
Ordinance No. 2231
Page 4
EXHIBIT A
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Indicates area proposed to be rezoned to add the "Animal Keeping Overlay" Zone
Underlying zone continues to be "Single -Family Residential" (Area District III)