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Ordinance - 2220ORDINANCE NO.2220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROHIBITING CONSTRUCTION OF GUEST HOUSES, HABITABLE SPACE ADDITIONS, SPORTS COURTS, TENNIS COURTS, SWIMMING POOLS AND OTHER SIMILAR TYPES OF IMPROVEMENTS ON THE REAR, LOWER PORTION OF EQUESTRIAN ORIENTED PROPERTIES IN SPECIFIED AREAS, OF THE CITY PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS / AND REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION NO. 1: Pending the completion'of a study by the Planning Commission and/or the adoption of new zoning regulations, the approval or issuance of any licenses, permits, grading permits, building permits, tentative parcel or tract maps or other entitlements for the construction of guest houses, habitable space additions, sports courts, tennis courts, swimming pools and other similar types of improvements on the rear, lower portion of the'properties further than 125 feet from the front property line is prohibited for properties located at 2633, 2641, 2653, 2707, 2715, 2727, 2743, 2755, 2769, and 2807 Vanderhoof Drive, West Covina, California ("Properties"). SECTION NO.2: The City Council directs the Planning Commission to immediately commence studies and hearings pertaining to the proper conditions of approval, and regulations for the construction of guest houses, habitable space 'additions, sports courts, tennis courts, swimming pools and other similar types of improvements on the rear, lower portion of the properties in consideration of the current and historical use of the properties for equestrian purposes. SECTION NO. 3: This Ordinance is an Interim Zoning Ordinance enacted pursuant to Sections 36934 and 65858 of the Government Code of the State of California, and in accordance therewith, shall be of no further force and effect forty-five (45) days after the adoption of this Ordinance unless after notice pursuant to Section 65090, and public hearing, the City Council shall extend this Ordinance in accordance with the terms and provisions of Section 65858 of the Government Code. The City Council hereby finds, determines and declares that the immediate preservation of the public peace, health, safety and welfare necessitates the enactment of this Ordinance as an Urgency Ordinance. The City Council further finds there is a current and immediate threat to the public health, safety and welfare necessitating the adoption of this Ordinance as an Interim Zoning Ordinance under Section 65858. Said findings are as follows: 1. The City has received applications for the development of guest houses and other similar structures within the areas of the Properties. .These applications may adversely affect or conflict with current and future equestrian uses, regulations and setbacks within the Properties. 2. If an Urgency Interim Zoning Ordinance is not adopted immediately, the processing of these applications under the existing City of -West Covina code provisions could result in conflicts between residential and equestrian uses and the irreversible loss of properties available for equestrian use, and render ineffective any new laws, permits, or regulations concerning the preservation of equestrian use properties. 3. Equestrian use properties require special consideration due to the complexity of balancing residential property owner rights with the need to preserve equestrian use properties. 4. The economic and social welfare effects of loss versus preservation of equestrian use properties needs to be studied in relation to the overall benefits or detriments to the economic and social welfare of the community. Ordinance No. 2220 Page 2 SECTION NO.4: The provisions of this Ordinance shall not apply to the following: 1. The issuance of permits for alterations or additions to the primary residence and/or issuance of permits for accessory structures within 125 feet of the front property line. 2. The issuance of demolition permits issued by order of the Building Official for purposes of protecting the public health, safety, and welfare due to damage to a structure caused by fire, earthquake, or other natural calamity. SECTION NO. 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 the adoption of a zoning moratorium ordinance which does not have the potential for causing a significant effect on the environment. SECTION NO. 6: The City Council hereby declares it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this Ordinance are severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION NO. 7: At least ten days before the expiration or extension of this Ordinance, the City Council shall issue a written report describing the measures taken to address the preservation of equestrian use properties. SECTION NO. 8: The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. This Ordinance shall take effect immediately upon adoption. APPROVED AND ADOPTED onlhe'6t' day of September, 2011. ATTEST: Clerk Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council on the 6tn day of September, 2011 by the following vote: AYES: Lane, Sanderson, Touhey, Herfert NOES: None ABSENT: None ABSTAIN: Armbrust City Clerk La rie Carrico APPROVED AS TO FORM: 77 Ci Attrney Arnold Alvarez-Glasman CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 2220 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Clerk's Office (3rd floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) Susan Rush, Assistant City Clerk Posted: September 8, 2011