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Ordinance - 1838• ORDINANCE NO. 1838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, AS IT RELATES TO THE DEVELOPMENT STANDARDS FOR SECOND -UNITS ON SINGLE-FAMILY LOTS. (Amendment No. 229) WHEREAS, by the direction of the Planning Commission, the planning staff studied and analyzed options and impacts of adjusting current regulations to address recent concerns over second -units in single-family neighborhoods, i.e. noise, traffic, property maintenance, property values, loss of privacy, overbuilding of lots; and WHEREAS, the Planning Commission upon giving the required notice, did on the 17th day of January, 1990, conduct a duly advertised public hearing as prescribed by law, and WHEREAS, the City Council of the City of West Covina considered evidence presented by the Planning Department, Planning Commission, and other interested parties at a duly advertised public hearing on the 26th day of February, 1990; and WHEREAS, the oral and documentary evidence considered in connection with this code amendment reveal the following facts: 1. The imposition of maximum dwelling unit sizes consistent with the State's second unit regulations could effectively mimimize the issue of overbuilding lots as well as maintain the affordability of second units. 2. In view of a maximum unit size and consistent with the State's second unit regulations, "permanent" but not necessarily "separate" provisions for living, sleeping, cooking and sanitation facilities should be provided for attached second units. 3. With the implementation of a maximum unit size, the existing 35 foot building envelopes required by code no longer remain necessary and should be replaced with a minimum distance requirement of 25 feet between front and rear detached second unit developments. 4. To better ensure that second unit developments are well maintained, an owner occupancy requirement should be established for one of the units. NOW, THEREFORE, the City Council of the City of West Covina does ordain as follows: Section No. 1: Based on the evidence presented and the findings set forth, Amendment No. 229 is hereby approved as consistent with the City's General Plan and the intent of the State's second unit law. Section No. 2: Based on the evidence presented and the findings set forth, Chapter 26, Article XII, Division II, Second Family Units, is hereby amended to read as follows: Ordinance No. 1838 City Council Agenda February 26, 1990 Section 26-26-685.34 (h) (h) Abe-seeesd-as};-eltl�e-attaehed-e-eletaei�ed- • An attached second unit, shall provide separate reams permanent provisions for living, sleeping, cooking and sanitation facilities. A second unit, when detached from the existing dwelling unit, shall provide permanent but separate rooms for living, sleeping, cooking and sanitation facilities. Section 26-685.34 (i)(3) (3) Maximum minimum dwelling areas for a detached second unit shall be 640 square feet. Area IIA;111 Blstrlet IA I 1-1 1-b- 599 599 559 699 2-br7 699 659 499 899 3-b - 899 899 999 1999 fraffilly-ream, 999 959 1199 1299 er-4th-br7 999 959 1199 1299 Section 26-685.34(i)(4) (4) A second unit that is attached and a part of the existing first unit shall set-deeEease-the �e�a1s}sg-flse�-spaee-ef-the-fl�st-ttslt-to-belew-the x�lsl�r�x�-area-stated-ls-6eet1es-26-#9}-t�sless-tire seeese�-t�slt-e�eeee�s-salel-�tl}xtt�►-area;-}s-wi31e1�-ease-tige f list-ttslt-x�ay-be-�edt�eee�-to-se-less-ti3as-ti3e-�}s}�t� area-�egt�l�ee�-f e�-a-seeesd-�tslt-ase�-si3a11-ti�e�eaf tee be-eesslde�ee�-tl�e-seeese�-sslt-asd-tige-sew-t�slt-sha}} sha}}-be-eessldeee�-the-f}st-t�slt- be limited to a maximum exterior expansion of 15 percent of the living area of the primary unit up to a maximum of 640 feet. Section 26-685.34 (i)(7) f4l-Middle-Yard- a- A-detaei3ed-�ea�-ttslt-ase�-tire-test-ttslt-si�a}}-set ese�eael�-}ste-a-twesty-f 1�e-feet-�ee�r�l�ed-x�1e�e�1e ya�e�-betwees-tl3e-t�slts---Ale-btt11e�1sg-etke�-thas-ese f11-twe-ear-ea�pe�t-ems-garage-steal}-be-leeateel-1s t1�1s-�egt�l�ed-�►}ddle-ya�e�- b- �l�e-�egt�l�ee�-x�le�e�le-ya�el-fey-eletaei�ee�-€west-asel �ea�-t�slts-si3a11-be-se-elesee-ti3as-ti�l�ty-€1�e-f351 feet-te-tl3e-�egt�l�ed-test-ya�el-ase�-se-elese�-tigas tbl�ty-€1*�e-f35�-feet-te-tl�e-�egal�ed-�ea�-ya�d- e- Wl�es-leeatee�-side-by-slue; -tke-€list-t�slt-si�a1}-be se-elese�-te-tire-eletaei3ed-seeese�-sslt-Chas-eler�ble ti3e-�}s1�t��t-slue-yard-�ee�ttl�ee�-ls-Seetles-26-495- AIe-bt�11�1sg-sigall-be-leeated-ls-ti�ls-�ee�ttl�ee� a+lde�le-ya�el- Ordinance No. 1838 City Council Agenda February 26, 1990 (7) Distance between structures. The distance between the first -unit and its accessory structures (carport and/or its garage) to the second -unit and its accessory structures (carport and/or its garage), snap oe no less tnan 25 teet. iSection 26-685.38 g. One unit shall be occupied by the owner of the lot as long as the second unit exists. A deed restriction shall be recorded to this effect. A covenant running with the land shall be recorded by every second unit applicant, permitting the City to enforce these provisions at the cost of the owner. Proof of recordation shall be sent to the Plannina Director and kept on file. Section 3: It has been determined that this project, which consists of a minor amendment to land use regulations, is categorically exempt pursuant to Section 15305 (Class 5) of the State CEQA Guidelines and no Environmental Impact Report or Negative Declaration of Environmental Impact is required. Section 4: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as r uired by law. r PASSED AND APPROVED this 12th daAf )March 1990. Mayor ATTEST: � '11h.'A "6. City C rk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF WEST COVINA I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1838 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of February, 1990 That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of March, 1990 by the following vote, to wit: AYES: Councilmembers: Tarozzi, Manners, Lewis, Bacon NOES: Councilmembers: McFadden ABSENT: Councilmembers: None City Clerk APPROVED AS TO FORM: `' City Attor ey • CERTIFICATION I, JANET BERRY, City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. DATED: l5 1 /lam d Janet Berry, City Clerk City of West Covina, California