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Ordinance - 21120 ORDINANCE NO. 2112 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE REGULATING MOTOR HOMES AND TRAILERS AS LIVING QUARTERS WHEREAS, Code Amendment No. 03-05 is a City -initiated code amendment regulating the use of motor homes and trailers as living quarters; and WHEREAS, the Planning Commission, upon giving required notice, did on the 27th day of January, 2004, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 04-4917 recommending to the City Council approval of Code Amendment No. 03-05; 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 24`h day of February, 2004 and the 2nd day of March, 2004; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to prohibit motor homes and trailers as living quarters in the "Residential Agricultural" and "Single Family Residential" zones within the City of West Covina. 2. The purpose of the "Residential Agricultural" and "Single Family Residential" zones are to classify and set standards for areas that are zoned for single-family residential use. 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 resolve as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 03-05 is hereby found to be consistent with the West Covina General Plan and implementation thereof. SECTION NO. 2: 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. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall be published as required by law. a ' PASSED AND APPROVED on this 20"h day of April, 2004. ATTEST: City Clerk Janet Berry M Mayor Michael L. Miller Ordinance No. Page 2 of 2 • 0 I, JANET BERRY, CITY CLERK of the City of West Covina, 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 2nd day of March, 2004. That, thereafter, said Ordinance was duly adopted at a regular meeting of the City Council on the 20th day of April 2004 by the following vote: AYES: Herfert, Hernandez, Sanderson, Wong NOES: Miller ABSENT: None APPROVED AS TO FORM: C ty Attorney nold Alvarez-Glasman City Clerk Janet Berr} .� EXHIBIT A Section 26-392. Vehicles in residential zones. • (g) It shall be unlawful to use or allow to be used any motor home, accessory recreational vehicle, or similar type trailer as a living quarters. For purposes of this subsection living quarters shall mean occupying the vehicle for the purpose of living, eating, cooking, or sleeping on a permanent basis in a manner similar to the occupancy of a dwelling unit. No plumbing or electrical permits shall be issued for the purposee of serving a motor home, accessory recreational vehicle of similar type of trailer on a single- family property. A permit to use a motor home, accessory recreational vehicle, or similar type trailer, as temporary habitation shall be allowed under the following conditions: (1) An administrative permit shall be obtained from the Planning Department. (2) Permits shall be granted for a maximum total of 15 days in a calendar year at a property with a habitable single-family residence. (h) Public Nuisance. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the city to allow the existence of any violation of this section. C:\DOCUME-1\SRUSH\LOCALS—I\Temp\EXHIBIT A.Plainl.doc