Chapter 18.46 — EQUESTRIAN USES

The purpose of this chapter is to establish a comprehensive set of regulations applicable to the use of certain land for the keeping of horses for private recreational purposes, and the construction, installation and maintenance of uses accessory thereto.

(Prior code § 9410)

A.

In addition to any other use permitted on lots classified in the H-R, R-E or R-1 zones, equestrian uses, subject to the provisions of this chapter, shall be permitted on any such lots, if:

1.

Such lot is the residence of the person conducting such equestrian use; and

2.

Such lot has not less than twenty thousand square feet of lot area, provided that an H-R, R-E, or R-1-zoned lot having over ten thousand square feet, but less than twenty thousand square feet of lot area, may be utilized for equestrian uses, if the owner or person in possession thereof:

a.

Has a written lease, for a term of not less than two years, for vacant real property classified in zones H-R, R-E or R-1, which is contiguous to such lot, in that the rear lot line of such lot is a common lot line with the leased property and the area of which, when combined with such lot, exceeds twenty thousand square feet, and

b.

Has agreed, in writing, on a form approved by the city attorney, to discontinue all horse keeping uses, including removal of all buildings and structures utilized for such use forthwith, upon termination of such lease;

B.

Where such conditions exist, such lot and the leased property shall be deemed and referred to in this chapter, for the purposes of this chapter, as a single "lot."

(Prior code § 9411)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The following regulations shall apply to the conduct of all equestrian uses:

A.

Number of Horses. Not more than two horses may be maintained on a lot which contains twenty thousand square feet of area. One additional horse may be maintained on such a lot for each ten thousand square feet of area over twenty thousand square feet. Notwithstanding the provisions of this chapter, a foal, until it is one year of age, may be maintained on the same lot as its dam.

B.

Corral—Stable. All horses shall be confined within a corral or stable constructed in accordance with the development standards of this chapter.

C.

Stables—Human Habitation. No part of any stable or corral shall be used for human habitation.

D.

Machinery—Equipment. No storage of machinery or equipment utilized for equestrian purposes shall be permitted, except:

1.

Incidental supplies and tools utilized for the care and handling of horses kept on the premises, or for the maintenance of corrals, stables and other structures on the lot, and

2.

Trailers or vehicles which are exclusively used to transport horses kept on the lot, provided that same shall not be parked or stored in a required front or side yard area.

E.

Sanitary Conditions. No unsanitary conditions shall be permitted to exist on property used for equestrian purposes, and each owner or person in possession of such property shall:

1.

Daily clean each corral and stable of manure, offal, soiled straw or other refuse, and

2.

Place all such manure, offal, soiled straw and refuse in fly tight covered receptacles, and

3.

Remove the contents of such receptacles from the lot at least once each week, and

4.

Not permit the ponding of water within a corral area, and

5.

Carry out a positive program of fly control (i.e., through the use of traps, pesticides, etc.), and

6.

Store all trash, manure, offal, soiled straw and other refuse within a completely enclosed building or an area completely enclosed by a view-obscuring wall or fence, not less than six feet in height, fitted with a selfclosing self-locking gate, and

7.

Control dust at all times by regular application of water, or by other suitable means, and

8.

Take all steps necessary to properly drain, so as to eliminate standing water, and

9.

There shall be displayed on or in the vicinity of any stable or corral a weatherproof notice setting forth the name of the person(s) responsible for such horses and phone number(s) to be called in the event of an emergency, and

10.

Horse waste shall not be allowed to accumulate, runoff or leach so as to create a nuisance or be offensive to other persons in the vicinity.

F.

Hiring of Horses. No person shall permit any horse quartered on any H-R, R-E-zoned or R-1-zoned property to be hired out on an hourly, daily, weekly or monthly basis, unless otherwise authorized by provisions of the WMC.

G.

Boarding of Horses. Neither boarding of horses or any other commercial equestrian use shall be permitted pursuant to this chapter.

H.

Abandonment. When an equestrian use is abandoned, all corrals and stables shall be removed by the owner of such lot within not to exceed six months after such abandonment.

I.

Screening. When any equestrian use is visible from a public street, such use shall be screened from such public street by a view-obscuring fence, not less than six feet in height.

(Prior code § 9412)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.46.040 - Permit—Required.

A.

The provisions of this chapter shall apply to all existing equestrian uses within the city as well as to all new uses commenced after the effective date of the ordinance codified in this chapter.

B.

No person shall commence any equestrian use after such effective date without first obtaining an equestrian permit in the time and manner provided in Section 18.46.050.

(Prior code § 9414)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.46.050 - Permit—Application and issuance conditions—Appeals—Modification or revocation.

No equestrian use permitted pursuant to Section 18.46.020 shall be commenced unless and until an equestrian permit therefor is obtained, in the manner set forth in this section.

A.

Applications. Persons desiring an equestrian permit shall file a written application therefor with the director, and shall pay a processing fee in an amount set by the city council. An application for an equestrian permit shall contain the following information:

1.

The name and address of the applicant;

2.

The address, legal description and dimensions of the subject site;

3.

The number of horses requested;

4.

A vicinity map;

5.

A plot plan showing the area and dimensions of all buildings and structures, existing and proposed;

6.

A list of the names and addresses of all owners shown as such on the latest Los Angeles County assessment roll, and persons who reside on any property which is contiguous to the subject site;

7.

Any other appropriate information as requested by the director.

B.

Notices. The director shall cause a notice of intent to issue equestrian permit to be given to all persons who reside or own real property which is contiguous, i.e., has a common lot line, to the proposed site. The notice shall generally describe the uses sought, the location thereof, and shall advise such persons of their right to protest the granting of such permit. All such protests must be written and filed with the director nor later than the date set forth in such notice.

C.

Protests. Where no protests are timely filed and the director finds that the uses proposed will comply with the provisions of this chapter, he/she shall issue such permit, subject to such conditions as he/she deems reasonably necessary to ensure compliance with this title.

D.

Appeals. The applicant may appeal to the planning commission the action of the director in either denying such permit or conditionally approving the same. Such an appeal shall be in writing and shall be filed within not to exceed ten days after the giving of notice by the director of his/her decision. A filing and processing appeal fee, in an amount set by the city council, shall be paid with the filing of such an appeal. In the absence of a timely filed appeal, the decision of the director shall be final.

E.

Commission Action.

1.

Where one or more written protests are timely filed, or where an appeal is timely filed, the director shall set the matter for public hearing before the planning commission. Ten days' notice shall be given to the applicant, and owners or residents of the contiguous properties, of the time and place of such hearing. The planning commission shall approve the application where it finds:

a.

That the permit requested will not be detrimental to, or interfere with, the use, enjoyment or valuation of properties located in the vicinity; and

b.

That the proposed site is adequate in size and shape to accommodate the uses proposed; and

c.

That the permit, if issued, will be in compliance with the provisions of this chapter;

2.

The secretary of the commission shall give the applicant and the protestants, if any, notice of its decision. Such decision shall be final and conclusive, unless within ten days after such notice is given, an interested

person appeals such decision to the city council by filing a written appeal with the city clerk. In the absence of a timely filed appeal, the commission's decision shall be final.

F.

Appeal to Council. Where a timely appeal is filed and the filing and processing fee therefore, as set by the city council, is paid, the city clerk shall set the matter for hearing before the council and shall give not less than ten days' written notice of the time and place thereof to the applicant and protestants, if any. The council shall approve, modify or disapprove the commission's action. The council's determination shall be based upon the same factors as are applicable to the planning commission, and such action shall be final and conclusive.

G.

Revocation, Modification. Each permit shall be valid until abandoned or revoked. All such permits shall be subject to revocation, termination or modification as is provided in Sections 18.52.160 through 18.52.180.

H.

Recordation. Each permit issued pursuant to this chapter shall be recorded in the office of the county recorder.

(Prior code § 9415; Ord. No. 3112, §§ 2, 4, 2-25-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.46.060 - Certificate of compliance required.

As to any equestrian use existing on any R-E-zoned or R-1-zoned lots as of the effective date of the ordinance codified in this chapter, the owner or person in lawful possession thereof shall, within twelve months after such effective date, render all uses in compliance with the provisions of this chapter and thereafter, within the twelve months, file with the director a written instrument, made under penalty of perjury, attesting that all uses are in compliance with the provisions of this chapter, and will continue to be maintained in compliance therewith. Upon receipt of such an instrument, the director shall investigate the matter to determine whether all such uses are in fact in conformity with the provisions of this code. If he/she finds that the same are in conformity he/she shall, notwithstanding the provisions of Section 18.46.050, issue to such person an equestrian permit. If the director finds that such uses are not in compliance, he/she shall advise the person who filed the certificate of such facts, and shall set the matter for a hearing before the planning commission, which shall be noticed in the manner provided in Section 18.46.050E. At the time of such hearing, the commission shall determine whether or not the uses in existence comply with the provisions of this title. If the commission finds that such compliance exists, it shall order the issuance of an equestrian permit. If the commission finds that uses are not in compliance, it shall refuse to issue the same. Notice of the commission's decision shall be given to all interested persons and such decision shall be final ten days after the giving of such notice, unless an appeal is filed in the time and manner set forth in Section 18.46.050F.

(Prior code § 9416)

18.46.070 - Development standards.

All buildings and structures utilized as a part of equestrian usage shall comply with the following developmental standards:

A.

Placement of Buildings and Structures. No part of any building or structure, utilized for an equestrian use, shall be located:

1.

Within fifty feet of any building used for human habitation on adjacent property, nor within thirty-five feet of any building used for human habitation located on the same lot; or

2.

Within fifty feet of any building or structure from which food is dispensed on a commercial basis; or

3.

Between the front of a building used for human habitation and a front lot line; or

4.

Within fifty feet of the right-of-way of any public street.

B.

Lighting. All exposed light sources shall be shielded by appropriate shades or reflectors and shall be arranged to reflect light away from adjacent property.

C.

Metal. No building or structure shall be constructed of sheet metal or corrugated metal.

D.

Corrals. Each corral shall be completely enclosed by a fence at least five feet in height, composed of chain link, a metal fence material or a wooden fence. If a wooden fence is used, it shall consist of four-inch by four-inch posts not more than ten feet apart, and not less than three two-inch by six-inch rails. Substantial locking and/or latching devices shall be provided and installed on all gates in such a manner so as to be inaccessible to animals and small children. Each corral shall have a minimum area of five hundred square feet and may be used to house not to exceed one horse. The minimum corral area shall be increased by two hundred square feet for each additional horse over one housed in such corral. Each corral shall have a roofed area of not less than sixty square feet, with dimensions of six feet by ten feet, for each horse housed in such corral.

E.

Stables. Each stable shall have a minimum ceiling height of nine feet, and usable floor area of not less than two hundred square feet for one horse, and one hundred twenty additional square feet for each additional

horse housed therein.

F.

Stalls. Stalls shall be located and maintained in each stable. The minimum floor area for each stall shall be ten feet by twelve feet.

G.

Maintenance. All buildings and structures used to house horses shall be maintained in a neat and orderly condition with no broken elements of any fence, wall, gate, building or structure.

H.

Storage—Hay and Grain. The storage of hay shall be permitted only in an area which has a portland cement concrete slab floor, or such shall be stored not less than eighteen inches aboveground. Such storage of hay shall not exceed a height above ground level greater than twelve feet, and shall not be located within five feet of any property line. The storage of grain shall be confined to rodent-proof containers only.

I.

Trash—Storage Areas. All storage of trash, manure, offal, soiled straw and other refuse shall be within a completely enclosed building or an area completely enclosed by a view-obscuring fence or wall and gate not less than six feet in height.

J.

New Material. Every new building or structure constructed for equestrian uses after the effective date of the ordinance codified in this section shall be constructed exclusively of new materials.

(Prior code § 9413)

Chapter 18.47 - WIRELESS TELECOMMUNICATION FACILITIES ON PUBLIC AND PRIVATE PROPERTY

The provisions within this chapter pertaining to the number of required on-site parking spaces for the R-E and R-1 zones may be waived or modified by the planning commission when it can be demonstrated that the required on-site parking cannot be provided because of usual circumstances associated with the property due to one or more of the following findings:

A.

The topography of the property cannot be sufficiently altered to accommodate the required on-site parking.

B.

The property is eligible or listed on a local, state or National Historic Register or is a contributing resource within a historic district and the required on-site parking would adversely impact the historic setting or significance of the property should the required on-site parking necessitate significant grading to the property, demolition to existing or eligible on-site historic structures/resources, and/or the alteration of significant historic characteristics/features associated with the property.

C.

The existing property does not comply with the city's minimum required lot size, depth and/or width and the required parking cannot be physically developed on-site without the approval of a variance.

D.

The physical location of the existing primary residence and/or an accessory unit on the property does not enable the required on-site parking to be provided without the primary or accessory unit being demolished or significantly altered.

The planning commission's finding(s) shall be documented in writing and may be appealed to the city council within twenty calendar days of the date of the commission's decision. The appeal shall be filed with

the appropriate fees with the city clerk.

(Ord. 2887 § 14, 2007: prior code § 9350)

• (Ord. No. 3068, § 6, 6-13-17)

Lots which are included in a planned comprehensive parking district, formed under a special assessment district proceeding, shall also be exempted from the provisions of this chapter under the following circumstances:

A.

The commission shall conduct a public hearing, noticed in the manner set forth in Section 18.52.090.

B.

At the hearing the commission shall determine, and accordingly recommend to the council, whether or not the district should be formed, based upon its findings that:

1.

The public interest, convenience and necessity so require;

2.

The district as established will substantially comply with the purpose and intent of this title; and

3.

The exemption, if granted, will be conditioned so as to insure that the purpose and intent of the provisions of this title, including but not limited to the provisions of this chapter, are met.

C.

1.

Upon receipt of a recommendation by the commission, the council shall conduct a hearing, noticed in the same manner as that held by the commission, and shall determine, based upon the standards set forth in subsection B, whether the exemption should be granted. It shall have the authority and power to grant the exemption, with conditions if necessary, so as to insure that substantial compliance is had with reference to the provisions of this title, and to insure compatibility of the physical facilities and uses. Such conditions may include, but are not limited to, a limitation upon the extent to which the construction of new buildings and structures, or the reconstruction or expansion of existing buildings or structures located on the lots included in the district, shall be permitted;

2.

Planned comprehensive parking districts created under this chapter are declared to be entitled to the exemption provided for in this section.

D.

Any condition imposed upon a planned comprehensive parking district may be modified, or new conditions may be added, if the city council, after a hearing, determines that the public interest so requires.

(Prior code § 9347)

A.

Accessibility to Parking Spaces. Each parking space so required by this chapter shall be accessible without it being necessary to move any other vehicle except as provided within Section 18.48.070(C)(1)(e) and (C)(2) (a).

B.

Parking Charge. The parking of motor vehicles shall be without monetary charge when such parking is required in conjunction with a use or uses permitted by this title, except as is expressly provided in Section 18.52.030.

C.

Storage of Vehicles. The parking facilities required by this chapter shall be used only for the temporary parking of vehicles used in conjunction with the uses they serve. Such parking facilities shall not be used for any other purpose, including but not limited to, storage of vehicles.

D.

Required parking spaces in the R-2, R-3 and R-4 zones shall be utilized solely for parking of motor vehicles belonging to the tenants of the development and their guests. For the purpose of this paragraph, "required parking space" means all existing parking spaces, whether or not required at the time of construction, which do not exceed the requirements of the most recent zoning regulations.

(Ord. 2887 § 15, 2007; Ord. 2610 § 1(P), 1993; prior code § 9348)

18.48.110 - Underground parking facilities.

A.

Notwithstanding any other of the provisions of this chapter relating to the location of buildings and structures on a lot, off-street parking facilities may be located in any required yard area on a lot, except a required front yard, if:

1.

The same are subterranean; and

The plans for the same are approved by the city engineer to insure that there will be adequate lateral support and safe vehicular and pedestrian ingress and egress thereto.

B.

"Subterranean," for the purposes of this section, means entirely below the finished grade of a lot.

(Prior code § 9349)

18.48.120 - Parking of commercial vehicles.

A.

It shall be unlawful to park or store any commercial vehicle, of an unladen gross vehicle weight in excess of fourteen thousand pounds, tow trucks (including dismantlers' or repossessor's tow vehicles), trailers, or other related equipment within residential zones within the city. A limit of one commercial vehicle fourteen thousand pounds or less is allowed per residential lot or residence, whichever is less, within residential zones. The provisions of this subparagraph do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, recreational vehicles or utility trailers. For additional definitions and restrictions, refer to Chapter 10.40 of the Whittier Municipal Code.

B.

The provisions of this section shall not apply to any vehicle owned by the city or a public utility or licensed contractor while necessary in use in the construction, installation or repair of any public utility, or to any commercial vehicle actually being used for the pickup or for the delivery of goods, wares and merchandise, or for the delivery of materials to be used in the repair, alteration, remodeling or construction of any building.

(Ord. No. 3018, § 3, 3-25-14; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Appendix B

Non-Residential Parking Standards Chart 9′ × 19′ Spaces (with 2′ overhang)[(1)]

Notes:

(1) Aisle widths of twenty feet to twenty-four feet allow two-way traffic, when a turnaround is provided.

(2) Aisle widths twenty-five feet and over allow two-way traffic.

(3) A space, the side of which is against a building, wall, or fence must be twelve feet in width.

(4) A two-foot vehicular overhang is permitted into a landscape planter area, except when there is an exclusive (required) landscape setback or open space area.

==> picture [336 x 118] intentionally omitted <==

(Ord. 2887 § 16, 2007: Ord. 2865 § 22, 2005: Ord. 2787 § 10, 2001)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.49 - SMOKING LOUNGES