Ordinance - 2235ORDINANCE NO.2235
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 REASONABLE
ACCOMMODATION
WHEREAS, on the 22nd day of February, 2010, the Planning Commission initiated a code
amendment to consider allowing tattoo uses in the City; and
R
WHEREAS, the Planning Commission held a study session on the 8t" day of November,
2010, to discuss potential revisions to the code; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 24t" day
of July; 2012, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution. No. 12-5466 recommending to the City ',Council
approval of Code Amendment No. 11-02; 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 17t" day of July, 2012; and
WHEREAS, pursuant to the federal Fair Housing Act (42 U.S.C. section 3601 'et seq.),
and the California Fair Employment and .Housing Act (California Government Code sections
12900 et seq.), the City is required to provide a reasonable accommodation in the application of
its rules, policies, practices or regulations when such accommodation is reasonable necessary to
afford a person with a disability an equal opportunity to use and enjoy a dwelling unit; and
WHEREAS, theses legislations require cities and counties to take affirmative action to
eliminate regulations and practice that deny housing opportunities to individuals with
disabilities; and
WHEREAS, studies, and investigations made by this Commission and in its behalf reveal
the following facts:
1. Chapter.26 of the West Covina Municipal Code (Zoning) should be amended to establish
a definition of those persons with disabilities which are covered by the Fair Housing
Reasonable Accommodation procedures in an effort to overcome barriers in land' use and
zoning regulations for persons with qualified disabilities.
2. The code amendment to Chapter 26 of the West Covina Municipal Code (Zoning)
supports policies of the Housing Element of the General Plan.
3.
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.
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. 11-02 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
l
SECTION NO. 2:. Based on the evidence presented and the findings set forth, l the City
Council of the City of West Covina approves Code Amendment No. 11-02 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.
Ordinance No. 2235
Page 2
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 215t day of August 2012.
ATTEST:
City Clerk Laurie. Cattico
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 17t" day of July 2012. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 21 st day. of August,
2012, by the following vote:
AYES: Herfert; Sanderson, Sotelo, Sykes, Touhey
NOES: None
ABSENT: None -
ABSTAIN: None
ity C1erk.Laurie Carr` co
APPROVED AS TO FORM:
o",-City