Ordinance - 2221ORDINANCE NO. 2221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA EXTENDING THE TERMS AND PROVISIONS
OF ORDINANCE NO. 2220 FOR AN ADDITIONAL PERIOD OF TEN
MONTHS .AND FIFTEEN DAYS, 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: The City Council finds that on September 6, 2011, it adopted
Ordinance No. 2220 entitled, "An Ordinance of the City Council of the City of West Covina
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."
SECTION NO. 2: The City Council finds that in accordance with the terms and
provisions of Ordinance No. 2220, the City Staff commenced studies and hearings pertaining to
the proper criteria, conditions of approval and regulations for the orderly, planned and
coordinated development and future use for such 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, and that the City Council at its
regular meeting of October 4, 2011 received the City Staffs written report, attached herein as
Attachment A, describing the measures taken and to be taken to alleviate the conditions which
led to the adoption of Ordinance No. 2220.
SECTION NO. 3. The City Council finds that in accordance with the terms and
provisions of Section 65858 of the Government Code, and following notice given in the time and
manner required by law, it held a public hearing on the first extension of Ordinance No. 2220 on
October 4, 2011. After hearing all applicable evidence, the City Council finds that the conditions
and findings recited in Ordinance No. 2220 continue to exist and that further studies by the
Planning Commission are necessary in order to develop the proper criteria, conditions of
approval and regulations for the orderly planned and coordinated development and future use of
such equestrian oriented properties.
SECTION NO. 4: The City Council therefore ordains that Ordinance No. 2220 be
extended for an additional term of ten months and fifteen days, terminating on September 6,
2012, subject to all of the terms and provisions contained in Ordinance No. 2220.
SECTION NO. 5: 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.
Ordinance No. 2221
Page 2
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.
SECTION NO. 6: In order to protect the public health, safety and welfare it is
necessary to enact this Ordinance as an urgency measure to go into effect immediately upon its
adoption, and that to enact this Ordinance after giving notice, holding public hearings and two
readings thereof, and thereafter to await thirty days for said Ordinance to become effective, will
be detrimental to the public health, safety and welfare, in that during the interim period further
such 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
may be established without the benefit of proper criteria and regulations. It is therefore
necessary that this Ordinance go into effect immediately upon adoption.
SECTION NO. 7: 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. 8: 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. 9: 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. 10: 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 on this 41h day of October, 2011.
Mayor Stev fert
AT�fST:
Clerk Laurie Carrico
r
Ordinance No. 2221
Page 3
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 4th day of October, 2011 by the following vote:
AYES: Lane, Sanderson, Touhey, Herfert
NOES: None
ABSENT: Armbrust
ABSTAIN: None
City Clert Laurie.Carrico
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
Ordinance No. 2221
Page 4
EXHIBIT A
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Jeff Anderson, Acting Planning Director
City of West Covina
Memorandum
AGENDA
ITEM NO. 12
DATE October 4, 2011
SUBJECT: URGENCY ORDINANCE EXTENDING THE MORATORIUM TO
CREATE AN EQUESTRIAN OVERLAY ZONE ON SINGLE-FAMILY
PROPERTIES ON THE NORTH SIDE OF VANDERHOOF DRIVE
BETWEEN 2633 AND 2807 VANDERHOOF DRIVE AND PROVIDING A
PROGRESS REPORT ON THE PROPOSED CODE AMENDMENT AND
ZONE CHANGE
RECOMMENDATION:
It is recommended that the City Council introduce and adopt the following ordinance to extend
the moratorium on ten properties located on the north side of Vanderhoof Drive:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA EXTENDING THE TERMS AND PROVISIONS
OF ORDINANCE NO. 2220 FOR AN ADDITIONAL PERIOD OF TEN
MONTHS AND FIFTEEN DAYS, 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
BACKGROUND:
At the City Council meeting on September 6, 2011, the City Council adopted an ordinance
establishing a moratorium on the construction of guest houses or other types of habitable space
and other types of improvements (such as sports courts, tennis courts, swimming pools) that
could be distressing to horses and create a danger to riders on neighboring properties on the rear,
lower portion of the subject properties. The properties included in the moratorium are 2633,
2641, 2653, 2707, 2715, 2727, 2743, 2755, 2769, and 2807 Vanderhoof Drive.
DISCUSSION:
A report on the progress of the code amendment and zone change is required prior to the
extension of a moratorium from 45 days to 10 months and 15 days. City staff is concerned over
the potential conflict of land uses that appear to be occurring in the subject area regarding future
construction of residential living quarters in areas that have historically been used for equestrian
uses adjacent to Maverick/Ridgerider Park. The subject properties are located on the north side
of Vanderhoof Drive and are contiguous to Maverick/Ridgerider Park. If residential living
quarters are allowed to spread to the lower pad areas, there is concern that there will be a general
encroachment into the equestrian properties and an eventual increase in land -use and safety
Ordinance No. 2221
Page 5
conflicts. It is expected that the addition of accessory habitable structures, sports courts, and
similar uses will generate parking issues and more vehicle usage on the bridal path/private road
that separates the properties from the park and that these types of improvements could disturb
horses and create a hazardous environment for riders.
Staff is currently researching other cities' standards and evaluating the types of the
improvements that could cause conflicts with equestrian uses. A study session is currently
scheduled for the Planning Commission meeting of October 11, 2011, to introduce the proposed
code amendment to create the Equestrian Overlay zone and zone change to add the Equestrian
Overlay zone to the properties and discuss the issues. Depending on the input at that meeting, a
public hearing before the Planning Commission could occur in December or January. Once the
Planning Commission provides a recommendation, a public hearing will be scheduled before the
City Council.
The initial urgency ordinance adopted by the City Council established a moratorium for 45 days.
California state law allows the moratorium to be extended for an additional 10 months and 15
days. If extended the moratorium would last until September 6, 2012.
FISCAL IMPACT:
The proposed code amendment and zone change would not have any direct fiscal impact to the
General Fund.
Prepared by: Jeff Anderson
Planning Director
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. 2221 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, ssistant City Clerk
Posted: 1 o !0 o