Loading...
01-16-1996 - Time Extension - Urgency Ordinance #1961 (Horse Regulations)City of West Covina Memorandum TO: City Council AGENDA City Manager ITEM NO. A-1 FROM: Planning Department DATE 1-16-96 ®PRINTED ON RECYCLED PAPER SUBJECT: -TIME EXTENSION - URGENCY ORDINANCE NO. 1961 (HORSE REGULATIONS) Summary: The proposed extension of the interim ordinance relating to horse regulations would extend the measure which is due to expire on January 19, 1996, to December 4, 1996. BACKGROUND On December 5, 1995, the City Council adopted an interim urgency ordinance which requires an administrative permit for the keeping of horses in the Residential Agriculture (R- A) and Single -Family Residential (R-1) zones. Pursuant to Section 65858(a) of the State Government Code, this interim ordinance is effective for an initial period of 45 days and can be extended for 10 months and 15 days, with a 4/5 vote of the City Council at a properly noticed public hearing. This 45-day period will terminate on January 19, 1996. Therefore, the time extension is being presented to the City Council for consideration. Pursuant to the California Environmental Quality Act (CEQA) of 1970, as amended, the proposed time extension is considered a categorical exemption since it represents an action by a regulatory agency for the protection of the environment. DISCUSSION Urgency Ordinance No. 1961 was originally adopted in response to the. potential keeping of horses at a single-family residential property that is currently for sale at 2527 East Cameron Avenue. Adjacent residents were concerned about flies, dust, and other health impacts related to the potential keeping of horses on the property. Under the current regulations, up to five horses could be kept on the property. Staff has informed the listing realtors of the adoption of the ordinance and have also mailed them a copy. When inquiries are: received about the keeping of horses on the Cameron Avenue property or elsewhere within the City, staff has made people aware of the provisions of the ordinance. Under the urgency ordinance, the keeping of horses is no longer allowed "by right," but is allowed with a permit from the Planning Director. Also, the permit process requires the property owner to submit a site plan showing existing and proposed structures (e.g. corrals and stables) and requires notification to all property owners within a. 100-foot radius. To date, staff has received several inquires about the keeping of horses, but no one has actually applied for an administrative permit. No other concerns have been brought to the attention of Planning Department staff regarding the regulations for keeping horses. Staff requires additional time to research this item and process potential revisions to the Zoning Code. For example, the number and location of lots similar to the Cameron Avenue property needs to be determined to see if the potential impacts may occur only at this single location or at other properties within the City. For streamlining purposes, staff will also examine the possibility of combining the horse and miniature pot-bellied pig permit into one administrative animal permit within the R-A and R-1 zones. Within the next few months, this information will then be presented to both the Planning Commission and the City Council in the form of a zoning code amendment. Until a proposed zoning code amendment is developed and adopted, it is necessary for the current interim ordinance to be extended for another 10 months and 15 days as provided for under the State. Government Code. EXTRPT.DOMCAMHORSES Horse Regulations - Urgency Ordinance No. 1961 Time Extension January 16. 1996 - Page 2 RECOMMENDATION Staff recommends that.the City Council extend the Urgency Ordinance entitled: 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. Katherine AlUaino Planning Assistant REVIEWED AND APPROVED: W. Collier is Director EXTRPT.D0CIC:KA\H0RSES ORDINANCE NO. 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: 1.1 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. TMETHRS.DOC/Z/CC/ORDINSKA ORDINANCE NO. January 16, 1996 - Page 2 N 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 thr, adoption of a permanent zoning ordinance and, as such, shall be effective immediately for a. period of teri months and fifteen days under California Government; Code Section 65858. The ordinance shall be of no force and Mfect 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 day of , 1996. Mayor ATTEST: City Clerk TMEXTHRS.DOC/Z:/CC/ORDINSKA ' ORDINANCE N� • January 16, 1996 - Page 3 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 day of , 1996, by the following vote: AYES: NOES: ABSENT: City Clerk APPROVED AS TO FORM: City Attorney 1 TMEXTHRS.DOC/Z:/CC/ORDINSKA SAN GABRIEL VALLEY TRIBUNE 1210 N. Azusa Canyon Road West Covina, CA 91790 01510. J (Space below for use of County Clerk only) RE EIIVED JAN 0 9 1996 CITY CLERK'S OFFICE CITY OF WEST COVINA PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA Proof of Publication of County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation printed and published daily in the City of West Covina, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1 957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any Supplement thereof on the following dates, to wit: 1/5/96 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this _day of _,TA=ARY 19 q6 Signature NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY COUNCIL OF THE CITY OF WEST COVINA Pursuant to Section 65858(a) of the Government . Code of the State of California, NOTICE IS . HEREBY GIVEN that a public hearing will be held by the City Council of the City of West Covina to consider the extension of Ordinance No. 1961. This is an interim urgency ordinance authorized by Section 65858 of the Government Code, and other applicable statutes, relating to the keeping of horses on residential agriculture (R-A) and single-family (R-1) residential zoned properties. The purpose of this extension is to permit adequate time to carry out the original intent of the Urgency Ordinance which is to establish an administrative review process to allow the keeping of horses on large and unique residential . Properties to ensure that surrounding residents will not detrimentally impacted by the keep of such animals. Pursuant to the California Environmental Quality Act (CEQA) of 1970, as amended, this extension is considered to be a categorical exemption (Class 8) in that it consists of an action by a regulatory agency for the protection of the environment. THE PUBLIC HEARING WILL BE HELD AT WEST COVINA CITY HALL CITY COUNCIL CHAMBERS LEVEL ONE' PLACE: 1444 West Garvey Avenue DATE: Tuesday, January 16, 1996 TIME: 7:30 p.m. I f you have any questions, we urge You to contact Katherine Alcaino at (818) 814-8422 or visit the . office Room 218, at C ity Hall. Only through citizen participation can your government build a better city. BY ORDER OF THE CITY COUNCIL OF THE CITY OF WEST COVINA Publish: January 5, 1996 San Gabriel Valley TribuneAd No. 5087 M IN a C SMUCINIMIFIANIS EXHIBIT 1 -PERMITTED .LAND USE EASTLAND PROJECT ARF.4 ADOPTED: July 14, 1975, Ordinance No AMENDED: July 9, 1990, Ordinance No i AVE FREEWAY G-1 E-3 F E-2+ MERGED AVE Fol !' 1 NOT TO SCALE North Ids i LEGEND ] Single Family Residential ® Multifamily Residential PM Planned Development Use IM Public Use VALLEY BLVD 1269 1852 JPz c7 ORIGINAL —waJPROJE�T rD�^ AREA CITY LIMITS Ej Neighborhood Commercial Service Commercial Regional Commercial j —�— City Boundary (A—H) Sub Area Designations NOTE: ALL USES PERMITTED SHALL CONFORM TO THE ZONING ORDINANCE AND GENERAL PLAN OF THE CITY AS THEY NOW EXIST OR MAY HEREAFTEI BE AMENDED. 'HIBIT I -PERMITTED LAND USES EASTLAND PROJECT AREA ..... ..... w z w < w 0 7m z 0 z 0 o 1 J 0 z NORTH 3AN BERNARDINO FREEWAY (1-10) w =-A D-1 US'. WIMOSaFt G-rREF-'r =-A E-1 SEA IF ZI CORrr=z CC nl VI LARKVV000 al NORTH NORTH E/k (WORKMAN I AREA B.\B-1 NORTH -?I- NORTH Ut--L-VA-- t:; I HeF- I 1w D 1z I 1w Iw IN JOYCEDALE z 10 < z AVE �LFAIRGROVE E[A E-2 SAN BERNARDINO FREEWAY-0-10) w z w X H., 0 11 iI f ... AVENUE z w N 9 02 < z D 0 0 ZE z AREA 0-1 NORTH -94 :4pldo' I I Uj I ALLEY ............. _ _ 7-M- .... .... Z ............... W.............. < z z < > .................. 0 N w 0 < < AVENUE PUENTL AREA C NORTH w........ ............... .................... z.......... w > .......................... < ...... -- ............ ........................ z U: ..... GARVEY AVENUE BAN al!RHARDINO FREEWAY (1-10) AREA D-2 NORTH OURME . 88 GTF:kr=BT '1w z z w z I I 0 wi I 1 j Y.R.wLl z I I z 01 1 PARL MO F^RLINOTOM STREET AREA E-3 4 0 z ST. i LU.................... CO......... z Gil 71 -j ............................. i 7 .. ....... . .............. ............... ...... . . . .... SAN BERNARDINO FWY (1-10) AREA. G--2 ORIGINAL PROJECT AREA LEGEND NOT TO SCALE Single Family Residential Neighborhood Commercial Multifamily Residential Service Commercial, Planned Development Use Regional Commercial Public Use 'r IE A I- T- '[J S 1E S P IS IF;-, M I -r 'r IE 1:> S 14 A IL, T- C 40 1*4 IF (D I:;-" M 'r (D IE ZONING ORDINANCE A- I'T P-) ca E N IE Rl A I- PLAN OF IS CITY AS THEY 1*4 C) N7*r EXIST OR IN4 A, -Y' HEREAFTER AL 1\4 T--- W r-> 1E r-> EXHIBIT 2 -PROPOSED EASTLAND. PROJEC AND DSO AREA ADOPTED: July 14, 1975, Ordinance No. 1269 AMENDED: July 9, 1990, Ordinance No. 1052 V +�r ;SANB AM E-2* '� F . E41 NOT TO SCALE North C �€ B-\ I B-1 K .VE'- 1 G-1 MERCED AVE. j•�LI •--� • c` ■ r 'e �now,, 1 LEGEND Ej Single Family Residential ® Multifamily Residential ® Planned Development Use ® Office Professional PUENTE d U go ORIGINAL AREA Neighb !III'3' Servic, Region ROJE ■ 'T /-D-2 CITY LIMITS rhood Commercial Commercial I Commercial —,— City Boundary (A-H) Sub Area Designations NOTE: ALL USES PERMITTED S H A L L j CONFORM TO THE ZONING ORDINANCE AND GENERAL PLAN OF THE CITY AS THEY NOW EXIST OR I MAY HEREAFTER BE AMENDED. EXHIBIT 2 -PROPOSED LAND. USES EASTLAND PROJECT AREA Er w z w w C3 (0 26 z o �-R >f;� 1 j ix 0 0 k R E A A NORTH IWORKMAN W, ZI P niZ w U z 1 5 AREA B,\B-1 SAN BERNARDINO FREEWAY (1-10) LU w Z cc =V,w 0 out* FAU.6 vol 00 ago" 00 memo Son Iiii nowe million . IMM-0 — I — AREA D-1 w cORTEZ >I K I NLARKWOOD n I mmmmm=M Uff on) AREA F NORTH kREA LEGEND NORTH [—SAN BERNARDINO FREEWAY (1-10)1 M: NORTH 11110 NORTH 11110 100 NORTH GARVEY AVENUE SAN BERNARDINO FREEWAY (1-10) AREA D - 2 NORTH -j L- 0UF-tf4E88 STREET z z 0 —0 AREA E-3 AARDINA ST. � w 01 w VFML01 I NP @wVNUw:§E M" low M MwPwVwAww1ww SAN BERNARDINO FWY (1-10) IAREA G-2 I NORTH I I Silly r-0� ORIGINAL PROJECT ARE NOT TO SCALE Single Family Residential Neighborhood Commercial Multi Family Residential Service Commercial Planned Development Use Regional Commercial Office Professional 1(D 'r 1-7- A 1- 1- T-J S IS S P I--- T;-' M 1 "17 -r IF- ]I--> S 14 A. 'L- I- CONFORM TO 'HE ZONING ORDINANCE 2k W IDo G IE : rq IS P-1 Al r- PLAN OF 'HE CITY AS THEY 1*4 (D VV EXIST OF: IN4 ik -jC ki IE R-, IF- 2k IF 'r IE I 3 IF— A, IN4 IS T*4 r—) IF— D. J 144 T� rr I I �• Y •00000 . .. ,. w + '"• ' i n �• ' - �000000 rr - 0 000 00000 000000 low(.^• 0• ••OwC. 000000 000000 00000 • �� • 1. 0000 00000000000( 000000 If` ROWLAND AVE 0000gL j� .0 '•I .IH .�.. TII 'VO 'r 'O'"0 I T� i.�•j. �.' 10 000000( 0000000 _ ( 000000( Yu•u11, I . 1 0000000 000000( ... _ _ j •I'•I'•I �. I.T. i.. �_ � _ � __.: i 0000000 0000000 Y Oo00000000000 •' 0000000000000 t` » 00000000 00000000000000000o 000000°00.21 W a [[z]] N G 0 000 r 000 0000 000 000 r, 00 OO 0 0 i.] Q 000000 °°°°°1 000000 00000C °O0000 00000[ 000000 000000 000000 o0oon^ 0 000 O 000 AV 0 00 0000 _ _..._ _ \ :TPt I`I`I:T.i.(.r �� c.■ y���—I��eaW�eEe���L���! 1���6BdE�� �� �I _.'T^',:rt. "'>t� �.��!LEI!���!�9��!������8����■L�L����■■■. m AV °■ °� ©� �SaAi �u�i fie!! �� �� .ems Enrim _ . l: • . �■ c� moo■ �� �� Ulm ,������■� �sese� �I'm� .gum un s�ssasseaeesee�ss®eps�aeesz���+ 6S6Sun 6oB68a!! us fill Iffirl am Um e s�saeesae � � ����►� ee� mac,full.;ogle: a •&PGMINNER ■■iron °° oaoao�0 0 ° go°a ° >°O p60°°0000o° O ° IQO C°O°O00 O0000 °°°°° —0 OQ0 T 0 O :- *t °•r ert; � 7iA fir. •1"�t�, .: - xs�.sra:i �'�", ?r.;"�',a�'?,P1,,,« 1 +vxt�"'� � � �,s c� � a y _ - § u fi• ; � p 1 ' f •� Y� g �` REDE VEL OPNIEIV-T-- " ■■ Im" AGENCY CENTRAL BU,�NESS DISTRICT' REDEVELOpME T PR4�IECT AREA ADOPTED DEC 20, 1971 ORDINANCE NO. 1180 AMENDED MAY 23, 1977 ORDINANCE NO.042 N.T.s AMENDED JULY 7, 1980 ORDINANCE N0.1481 AMENDED DEC. 20, 1984 ORDINANCE N0.1657 NORTH Legend- Proposed Land Uses NEIGHBORHOOD COMMERCIAL SINGLE FAMILY RESIDENTIAL SERVICE 'COMMERCIAL I I MULTIFAMILY RESIDENTIAL, REGIONAL COMMERCIAL OPEN SPACE ® OFFICE PROFESSIONAL ®PUBLIC USE PROJECT BOUNDARY NOTE ALL USES PERNqTTED SHALL CONF PLAN OF THE CITY AS THEY NOW EORM TO THE ZONING ORDINANCE AND GENERAL XIST OR MAY HEREAFTER BE AMENDED.