Ordinance - 1857r�
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ORDINANCE NO. 1857
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 GUEST HOUSES AND
ACCESSORY LIVING QUARTERS IN SINGLE FAMILY ZONES.
(Amendment No. 235)
WHEREAS, the zoning code defines the intent of guest houses
for the sole use of persons employed on the premises, or more
temporary use by guests of the occupants of the premises, such
quarters having no kitchen facilities and not rented out or
otherwise used as a separate dwelling; and
WHEREAS, the Planning Staff, in response to the influx in the
number of requests for.guest houses, if not more importantly, the
nature of the proposals, recommended that specific development
standards for guest houses be established; and
WHEREAS, the Planning Commission upon giving the required
notice, did on the 3rd day of July, 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 13th day of August, 1990; and
WHEREAS, the oral and documentary evidence considered in
connection with this code amendment reveal the following facts:
1. The size and design of recent guest house proposals
indicate a high possibility for "illegal" conversions
into rental units, thereby, rendering them inconsistent
with the intent of the guest house provisions.
2. The imposition of a maximum unit size is consistent with
the newly amended Second Unit Ordinance for maximum
dwelling size and serves the intent of guest houses which
is to provide temporary and/or auxiliary sleeping space
for a residential home.
3. Limitation of one such accessory use per lot could
effectively minimize the potential for multiple
conversions and at the same time serves the intent of
guest houses in as much as it is an accessory use of the
occupants of the premises.
4. To better ensure that guest houses or other additions are
not converted into separate rental units,,a deed
restriction must be filed on the property that limits the
use of the guest house as stated in the West Covina
Municipal Code.
5. Due to the unusual floor designs and potential for
multiple units on one lot, an interpretive standard is
needed which could be utilized when multiple bath
facilities, bar sink installations and entrances lend the
design to be easily divided and used for separate
apartments.
Ordinance No. 1857
Amendment No. 235 - Page 2
6. Reduction in the ambiguity in determing what qualifies as
a kitchen, particularly when counter space, bar sinks and
electrical is called out in a separate room, necessitates
• the update and expansion of the definition of "kitchen."
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. 235 is hereby approved as consistent with
the City General Plan and the intent of the guest house and
accessory living quarters provision.
Section No. 2: Based on the evidence presented and the findings
set forth, Chapter 26, Article VIII, Residential Agricultural
Zone/One Family Zone and Article II, Definitions is hereby amended
to read as follows:
ARTICLE VIII. RESIDENTIAL
AGRICULTURAL ZONE/
ONE -FAMILY ZONE
DIVISION 1. GENERALLY
Sec. 26-391. Permitted uses.
No building or improvement or portion thereof shall be erected,
constructed, converted, established, altered or enlarged nor shall
any lot or premises be used except for one or more of the following
purposes:
(a) One single-family dwelling per lot.
(b) Accessory buildings.
(1) Accessory living quarters or guest houses as defined in
Sec. 26-63. As such, these structures are regulated by
the underlying development standards of the particular
zone and area district.
To ensure appearance and character of the residential R-1
zone is maintained, while at the same time acknowledging
the capacity of the existing infrastructure, the
following regulations are established:
a. Maximum size: 640 square feet.
b. One such accessory use is permitted per lot and is
allowed to be constructed above a garage except when
said garage is located in the rear yard as per Sec.
26-407. The placement of windows on second story
guest houses shall be sensitive to the privacv of
adjacent property owners.
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Ordinance No. 1857
Amendment Nol 235 - Page 3
C. The property owner shall be required to record a deed
restriction limiting the use of the guest house or
accessory living quarter as stated in Section 26-63
of the West Covina Municipal Code. Said deed
• restriction shall be provided to the Planning
Department prior to the issuance of a building
permit.
d. Whenever, any expansion or alteration to a building,
garage or guest house is designed with multiple
hallway entrances, multiple toilet and bath
facilities or bar sink installations, so that it can
be easily divided into or used for separate
apartments or guest houses, then provisions 26-391
(b) 1 a-c shall appl
(c) In the R-A zone only, agricultural crops for sale.
(d) Private greenhouses and horticultural collections.
etc. . . . .
Sec. 26-72. Kitchen.
"Kitchen" means or is any room or any portion of a dwelling unit,
guest house or accessory living quarter used, intended or designed
to be used for cooking and/or preparing food, including but not
limited to counter space, sink(s), microwave ovens, hot plates,
refrigeration, and/or wet bars.
Section No. 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 No. 4: The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be published as required by
law. A
PASSED AND APPROVED this 27th, dad of Auausin 1990.
ATTEST
�, i " �- Z", � �,,
City Clerk
•
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF WEST COVINA )
I HEREBY CERTIFY that the foregoing Ordinance No. 1857 was regularly
introduced and placed upon a first reading at a regular meeting
of the City Council on the 13th day of August, 1990. That thereafter
said ordinance was duly adopted and passed at a regular meeting of
• the City Council on the 27th day of August, 1990, by the following
vote, to wit:
AYES: Councilmembers: Manners, Jennings, McFadden, Tarozzi
NOES: Councilmembers: None
ABSENT: Councilmembers: Herfert
APPROVED AS TO FORM:
•
City Clerk Janet Be
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.
Janet Berry, City Clerk
City of West Covina, California
DATED: — / g — �0