Ordinance - 2153ORDINANCE NO.2153
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATING TO SEPARATION OF
BARNS/CORRALS AND SWIMMING POOLS IN SINGLE-FAMILY
RESIDENTIAL ZONES (CODE AMENDMENT NO. 06-03)
WHEREAS, Code Amendment No. 06-03 is a City -initiated code amendment regarding
the separation of barns/corrals and swimming pools in "Single -Family Residential' (R-1) and
"Residential -Agricultural" (R-A) Zones; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 25`h day
of July, 2006, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 06-5150 recommending to the City Council
approval of Code Amendment No. 06-03; 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 5`h day of September, 2006; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Chapter 26 of. the West Covina Municipal Code (Zoning) should be amended to
establish standards for the separation of barns/corrals and swimming pools on single-
family residential lots.
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.
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. 06-03 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.
PASSED AND APPROVED on this 19`h day of September, 2006.
ATTEST:
City Clerk Lauri Carrico
Mayor Steve e fert
Ordinance No. 2153
September 19, 2006
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 5`h day of September 2006. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19`h day
of September 2006, by the following vote:
• AYES
NOES
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Hernandez, Lane, Sanderson, Herfert
None
ABSTAIN: None
ABSENT: Touhey
APPROVED AS TO FORM:
City Attorney Arnol Alvarez-Glasman
EXHIBIT A
See. 26-391. Permitted uses.
(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.
(9) Animals listed in subparagraphs (4) and (5) must be kept within a corral,
pen, or other suitable enclosure maintained so as to confine such animals.
In addition, horses must be provided with a corral or stable area of the
following minimum sizes:
a. Corral: Two hundred forty (240) square feet per horse; minimum
dimensions of twelve (12) feet by twenty (20) feet;
b. Stable: Twelve (12) feet by twelve (12) feet per horse.
Corrals shall be a minimum of five (5) feet in height and shall be
constructed of material to adequately confine the horses.
(10) Barns, corrals, or stables constructed to maintain a horse or any animal
mentioned in subparagraphs (4) and (5) above shall be leeated separated
by not less than thirty-five (35) feet from any residence or other structure
used for habitable purposes or any swimming pool or spa on the same
lot, and not less than fifty (50) feet from any residence or other structure
used for habitable purposes or any swimming pool or spa on adjacent
lots.
(11) The location of barns, corrals, or stables shall comply with section 26-391.
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.
(12) 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.
(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.
(14) 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.
(Code 1960, §§ 1071, 10701.01--10701.09; Ord. No. 1441, § 1, 5-29-79; Ord. No. 1450, § 1, 8-
13-79; Ord. No. 1488, § 17, 8-25-80; Ord. No. 1530, § 1, 2-8-82; Ord. No. 1574, § 1, 1-24-83;
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Ord. No. 1603, § 1, 8-22-83; Ord. No. 1628, § 1, 3-12-84; Ord. No. 1855, § 2, 8-13-90; Ord. No.
1857, § 2, 8-27-90; Ord. No. 1917, § 2, 4-20-93; Ord. No. 1922, § 2, 6-1-93; Ord. No. 1959, § 2,
9-5-95; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2039, § 3, 6-15-99; Ord. No. 2060, § 3, 10-3-00)
Sec. 26-405.5. Exemption from 3,aFd find setback requirements. Special requirements for
yards and setbacks
(a) All nonhabitable freestanding roofed solid -walled structures with a projected roof
area of less than one hundred twenty (120) square feet or nonroofed structures
with a total floor area of less than one hundred twenty (120) square feet, and
under seven (7) feet in height in yards which are screened by fencing or shrubs at
least five (5) feet tall may encroach into the interior side yard behind the main
building as described in section 26-405, and the rear five (5) feet of the required
rear yard.
(b) All decorative -type structures such as but not limited to gazebos, with walls of
such density that no more than fifty (50) percent of the view is obscured, with a
projected roof area of less than one hundred twenty (120) square feet, and under
fifteen (15) feet in height, may encroach into the interior side yard behind the
main building as described in section 26-405, and the rear five (5) feet of the
required rear yard, subject to the review and approval of the planning director.
(c) Flags and flagpoles shall be subject to the regulations found in section 26-381(b).
(d) Swimming pools, spas, sports courts, and other similar private recreation areas
shall not encroach into any required yard, except in the rear yard, and in the front
yard or street side yard when the lot configuration, building placement, and/or
street location justify -its location due to the uniqueness of the property as
determined by the planning director, provided there is a minimum five-foot
setback to adjoining properties.
(e) A minimum separation shall be required between barns, corrals and stables
constructed to maintain a horse or any animal permitted to be kept under
section 26.391 (4) and (5) and between residences, other habitable structures,
swimming pools and spas as follows;
(1) Thirty-five (35) feet when the structures to be separated are located
on the same lot;
(iii) The above requirements notwithstanding, any structures legally
permitted and constructed as of October 19, 2006 that do not fully
configuration. Any addition to or expansion of such structures,
• however, shall cause the stated separation requirements to apply.
-(e) (f) The provisions of this section shall not be construed to limit or interfere
with the authority of homeowner associations that determine that such
encroachments are undesirable in their particular case to incorporate the
prohibition of such encroachments into their conditions, covenants and
restrictions.
(44 W The provisions of this section do not apply to the regulation of mechanical
equipment as provided in section 26-409.
(g) M All structures must conform to the requirements of the Uniform Building Code, if
applicable.
0(h) (i) For the purpose of this section, the projected roof area shall mean the horizontal
square feet of roof, excluding slope, but including overhang.
(Ord. No. 1754, § 1, 9-28-87; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 1956, § 2,
3-7-95; Ord. No. 1981, § 2, 12-17-96; Ord. No. 2030, § 4, 4-20-99)
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