01-21-2020 - AGENDA ITEM 09 PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO. 19-02 REGARDING SINGLE FAMILY STANDARDS FOR ACCESSORY HABITABLE QUARTERS, AND VEHICLE BACKUP SPACE11/16/2020
Print Staff Report
AGENDA ITEM NO. 9
DATE: January 21, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO. 19-02 REGARDING
SINGLE FAMILY STANDARDS FOR ACCESSORY HABITABLE QUARTERS, AND
VEHICLE BACKUP SPACE
RECOMMENDATION:
The Planning Commission recommends that the City Council consider a Zoning Code Amendment as follows:
ORDINANCE NO.2469 - AN ORDINANCE TO AMEND ZONING REGULATIONS
APPLICABLE TO SINGLE FAMILY AND RESIDENTIAL AGRICULTURAL ZONES
REGARDING ACCESSORY HABITABLE QUARTERS (FORMERLY KNOWN AS GUEST
HOUSES) AND VEHICULAR BACKUP SPACE
BACKGROUND:
On April 2, 2019, at the conclusion of the City Council public hearing on Accessory Dwelling Units ("ADU"),
the City Council initiated a separate Code Amendment to examine making the standards for ADUs consistent
with standards for additions to houses, and to examine eliminating Accessory Habitable Quarters ("AHQs")
(formerly guest houses) as a use.
The City modified the standards for AHQs in 2014. AHQs are distinct from ADUs because they are not
considered a separate unit, allow no kitchen facilities and not defined nor required under State housing law.
Currently, AHQs require the approval of an administrative use permit (AUP), allowing for staff -level review
with notification of the properties within 300 feet of the subject property. AHQs are currently allowed based
on following development standards (WCMC Article VIII, 26-391.5);
• Maximum of 640 square feet.
• Require 1 covered parking space.
• 25-foot separation between second unit and primary unit.
• Comply with 25-foot rear setback.
• AHQ must be behind the primary dwelling unit.
• AHQ must be architecturally compatible with primary unit.
• No windows allowed when along a side property line if closer than 10 feet.
• While the State has revised the methods that cities can regulate ADU's, it is the cities choice about
whether to allow AHQs. Since 2014, there have been four AHQs proposed, one in 2014, two in 2015,
https://destinyhosted.com/print_ag_memo.cfm?seq=614&rev_num=0&mode=Extemal&reloaded=true&id=93762 1/3
A' TACHMENT NO.2
RESOLUTION NO. 19-6011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE TO AMEND ZONING
REGULATIONS APPLICABLE TO SINGLE FAMILY AND
RESIDENTIAL AGRICULTURAL ZONES REGARDING ACCESSORY
HABITABLE QUARTERS (FORMERLY KNOWN AS GUEST HOUSES)
AND REAR YARDS
Section 1. Findings. The Planning Commission finds as follows:
A. On April 2, 2019, the City Council initiated a code amendment to revise standards
applicable to accessory habitable quarters.
B. The Planning Commission, upon giving the required notice, did on November 25, 2019,
conduct a duly advertised public hearing as prescribed by law; and
Section 2. Resolution. The Planning Commission recommends that the City Council conduct a
public hearing, and thereafter adopt the ordinance attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED on November 26, 2019 by the following roll call vote:
AYES: Holtz, Heng, Kennedy, Jaquez, Redholtz
NOES: None
ABSTAIN: None
ABSENT: None
DATE: November 26, 2019
ff'lolej
Herb Redholtz, Chairman
Planning Commission
6
Jeff/Meferson, Secretary
Community Development Director
P:\Resos\2019 Resos\19-6011 CA 19-02,R-1-AHQStandards.docx
EXHIBIT A
ORDINANCE NO.
ORDINANCE TO AMEND ZONING REGULATIONS APPLICABLE TO
SINGLE FAMILY AND RESIDENTIAL AGRICULTURAL ZONES
REGARDING ACCESSORY HABITABLE QUARTERS (FORMERLY
KNOWN AS GUEST HOUSES) AND REAR YARDS
SECTION 1. Findings. The City Council finds as follows:
A. Consistent with state law, the City allows accessory dwelling units to be constructed within
the city.
B. Now that accessory dwelling units are allowed by right within the city, there is limited to
no need to still allow accessory habitable quarters; and
C. Antiquated provisions of the municipal code should be removed to increase administrative
efficiencies and reduce public confusion.
SECTION 2. Municipal Code Amendment. The definition of "accessory habitable quarters"
in section 26-63 of the municipal code is revised as follows:
Accessory habitable quarters/guest houses. A permanently constructed habitable quarters,
separate from the primary residence, and having no kitchen facilities, which is clearly
subordinate or incidental to the primary residence on the same lot. The accessory habitable
quarters may include only a sleeping area, living area, and bathroom within an attached or
detached accessory structure and for use by guests or occupants of the primary residence. The
accessory habitable quarters shall not be separately rented, leased or let (by direct or indirect
compensation) or otherwise occupied separately from the primary residence. Accessory
habitable quarters were historically known as guest houses. New accessory habitable
quarters/guest houses are no longer allowed.
SECTION 3. Municipal Code Amendment. Municipal Code section 26-296.1100 (Definitions)
is revised as follows:
Sec. 26-296.1100. - Definitions.
(a) Large expansions shall mean the expansion of the existing total gross floor area of a single-
family dwelling unit by the following minimum square footage when either the floor area
of the existing dwelling unit is expanded or when the existing dwelling unit is demolished
and a new dwelling unit is constructed within five (5) years and results in a total gross floor
area larger than existed at the time of demolition, but not resulting in a total gross floor
area which exceeds the maximum permitted for a lot:
Lot Size (sq. ft.) Large Expansion (sq. ft.)
Under 20,000 1,250
P:\Resos\2019 Resos\19-6011 CA 19-02,R-1-AHQ Standards.docx
EXHIBIT A
20,000-24,999
1,500
25,NON —29,999
2,000
30,000-34,999
2,500
35,000-39,999
3,000
f40,000+
3,500
Said large expansion includes the gross square footage of the main building and/or accessory
uses when attached to the main building, (including, but not limited to a accessory habitable
quarters/guest houses, and garage), and detached garages, as set forth in subsection (d) of this
section.
(b) Maximum unit size exception shall mean an increase of the total gross square footage
permitted for a unit as defined in section 26-401.5 by up to twenty-five (25) percent of the
gross square footage of the main building, and/or attached accessory uses (including, but
not limited to an accessory habitable quarter/guest house, or garage), and/or detached
garages, as set forth in subsection (d) of this section.
(c) Timing of additions or expansions. All additions or expansions occurring within one (1)
year of the building permit final inspection approval of the previous addition or expansion
shall be considered as a single expansion for the purpose of determining the large
expansion calculation.
(d) Detached garages legally constructed prior to October 21, 2004, shall be exempt from
inclusion in the gross square footage calculation. Expansion of such garages after October
21, 2004, however, shall cause this exemption to be lost.
SECTION 4. Municipal Code Amendment. The following portions of Municipal Code section
26-391 (i.e. through and including subsections 1 and 2) are revised as follows, with all other
portions of the section unamended:
Municipal Code Sec. 26-391. - Permitted uses.
No building or improvement or portion thereof in the residential agricultural zone (R-A) or
the single-family residential zone (R-1) shall be erected, constructed, converted, established,
altered or enlarged nor shall any lot or premises be used except for one (1) or more of the
following purposes:
(1) One single-family dwelling per lot. Any additions or accessory buildings shall maintain
architectural consistency with the house regarding roof profile and pitch, materials,
colors, roofing, scale, exterior treatment and details.
(2) Accessory buildings.
b-a. Accessory dwelling units as allowed per article XII, division 11 (26-685.30 et seq.).
P:\Resos\2019 Resos\19-6011 CA 19-02,R-1-AHQ Standards.docx
EXHIBIT A
b e. Nonhabitable accessory buildings or structures, including, but not limited to the
following:
1. Garages;
2. Carports;
3. Workshops;
4. Storage rooms or sheds;
5. Detached patio covers;
6. Pool bathroom or detached bathroom.
All nonhabitable accessory buildings of more than one hundred twenty (120) square feet
shall file a covenant defining the use of the accessory building and stating that the
building shall not be converted to any other use without city approval including an
accessory dwelling unit.
SECTION 5. Municipal Code Amendment. Section 26-391.5, "Accessory buildings, habitable"
is deleted.
SECTION 6. Municipal Code Amendment. A new subsection (i) is added to Section 26-402,
"Off-street parking" to provide as follows:
(i) A minimum unobstructed vehicular maneuvering distance of twenty-five (25) feet
measured from the opening of the garage or carport shall be provided, except as otherwise
permitted in this section. Minor design modifications may be approved, due to the
uniqueness of the property as determined by the Planning Director.
SECTION 7. Municipal Code Amendment. Subsection (d) of section 26-418, ("Planning
Commission Subcommittee for Design") is revised as follows:
(d) Review required. No building permit shall be issued for the following types of
improvements to single-family residences prior to subcommittee review:
(1) New construction of single-family residences.
(2) Structural additions or modifications on the front elevation of a residence.
(3) New second -story additions to one-story residences.
(4) New second -story additions to two-story houses.
(5) New balconies.
(6) Aeeessefy habitable qeafters-.
(76) Any modifications that is readily visible from a public right-of-way.
SECTION S. Municipal Code Amendment. Subsection (a) of Section 26-749.160
("Administrative use permit required), is revised as follows:
(a) Prior to the construction of any improvement in the lower pad area such as habitable
structures(including ees habit»b1_e ,.."..to.. and accessory dwelling units),
P:\Resos\2019 Resos\19-6011 CA 19-02,R-1-AHQ Standards.docx
EXHIBIT A
nonhabitable structures that require the issuance of a building permit, swimming pools,
spas, sports courts, and similar uses (whether or not a building permit is required), an
administrative use permit shall be required as specified in article VI, division 5 of this
chapter 26.
SECTION 9. ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and
the City's environmental procedures, and is found to be exempt pursuant to CEQA Guidelines
Section 15061(b)(3), as this ordinance cannot create any significant effect on the environment.
SECTION 10. INCONSISTENCIES. Any provision of the West Covina Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the
provisions of this ordinance.
SECTION 11. SEVERABILITY. If any provision or clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or
applications of this ordinance which can be implemented without the invalid provision, clause or
application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 12. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its
passage shall be published once in a newspaper of general circulation, printed and published in the
City of West Covina or, in the alternative, the City Clerk may cause to be published a summary of
this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the
City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned summary and
[continued on next page]
P:\Resos\2019 Resos\19-6011 CA 19-02,R-1-AHQ Standards.docx
EXHIBIT A
shall post in the office of the City Clerk a certified copy of this Ordinance together with the names
and member of the City Council voting for and against the same.
PASSED, APPROVED AND ADOPTED this day of 2019.
Tony Wu, Mayor
ATTEST:
Carrie Gallagher, Assistant City Clerk
APPROVED AS TO FORM:
Thomas Duarte, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST COVINA
I, Carrie Gallagher, Assistant City Clerk of the City of West Covina, do hereby certify that
the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the _ day of , 2019. That, thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the _ day of
2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
Carrie Gallagher, Assistant City Clerk
P:\Resos\2019 Resos\19-6011 CA 19-02,R-1-AHQStandards.docx
Planning Commission Minutes
Page 3 — November 26, 2019
ATTACHMENT NO.3
CODE AMENDMENT NO. 19-02
APPLICANT: City of West Covina
LOCATION: Citywide
REQUEST: The proposed code amendment consists of amendments to Chapter 26
(Zoning) of the West Covina Municipal Code to revise standards in the West Covina
Municipal Code for Residential Agriculture and Single -Family Residential zones and to
consider eliminating standards for accessory habitable structures.
Community Development Director Jeff Anderson presented the staff report. During his
presentation he told the Commission that this code amendment had been initiated by the
City Council in April 2018. He also told the Commission that this code amendment
included setback requirements for side and rear yard setbacks and eliminated accessory
habitable quarters from the Code. He also told the Commission that applications for
accessory habitable structures were no longer being requested due to the popularity of
accessory dwelling units.
There was a short discussion by the Commission regarding a provision in the proposed code
amendment requiring a 25-foot back up space for garages.
Chairman Redholtz opened the public hearing.
PROPONENTS:
No one spoke in favor of the code amendment.
OPPONENTS:
No one spoke in opposition to the code amendment.
Chairman Redholtz closed the public hearing.
There was a short discussion by the Commission regarding the proposed code amendment.
Motion by Holtz, seconded by Kennedy, to recommend removal of the revision to the rear
yard setback standards and approval of Code Amendment No. 19-02 to the City Council
Motion carried 5-0.
Chairman Redholtz said final action on this matter will take place at a public hearing before
the City Council on a date to be determined.
PAPLANCOMWINUTES\2019 MINUTESU 1.26.19 minutes.doc
ATTACHMENT NO.4
AGENDA
ITEM NO.3.
DATE: November 26, 2019
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CODE AMENDMENT NO. 19-02
APPLICANT. CITY OF WEST COVINA
LOCATION- CITYWIDE
REQUES T- The proposed code amendment consist of amendments to Chapter 26 (Zoning) of the West
Covina Municipal Code to revise standards in the Zoning section of the West Covina Municipal Code
for Residential Agriculture and Single -Family Residential zones and to consider eliminating standards
for accessory habitable structures.
BACKGROUND
The City Council initiated the Code Amendment on April 2, 2019, at the conclusion of Code Amendment No.
18-02 regarding City standards for accessory dwelling units (ADU). At the City Council hearing on that item
there was discussion that the accessory dwelling unit standards should be consistent with standards for
additions to houses. While adopting that Code Amendment the City Council did discuss thattherequired 25-
foot setback should be evaluated as well as the current standards for accessory habitable quarters (AHQ)
(formerly guesthouses).
The City modified the standards for accessory habitable quarters (previously guest houses) in
2014. Accessory habitable quarters are distinct from ADUs in that they not considered a separate unit,
allow no kitchen facilities and there are no requirements per State law. Accessory habitable quarters (AHQ)
require the approval of an administrative use permit (AUP), allowing for staff -level review with notification
of the properties within 300 feet of the subject property. AHQs are currently allowed based on following
development standards (WCMC Article VIE, 26-391.5);
• Mamnarn of640 squarefeet.
• Require 1 coveredparking space.
• 25-foot separation between second unit and primary unit.
• Comply with 25-foot rear setback.
• AHQ must be behind the primary dwelling unit.
• AHQ must be architecturally compatible with primary unit.
• No windows allowed when along a side property line if closer than 10 feet.
• White the State has revised the methods that cities can regulate ADU's, it is the cities choice about
whether to allow AHQs. Since 2014, there have been four AHQs proposed, one in 2014, two in
2015, and one in 2017. Because the State has placed a focus on ADUs and required them to be
approved by right, there has not been much interest in proposing AHQs.
The Planning Comnvssion held a study session on July 23, 2019. At the conclusion of the study session, the
Planning Cormnission gave direction to staff to draft a code amendment to establish a rear setback of 15 feet,
to eliminate standards forAHQ's, and to establishbackup space standards forgarages.
DISCUSSION
The draft code amendment has been prepared and is attached as Exhibit A to the Code Amendment
Resolution (Attachment No. 1). The draft code amendment includes the three items that Planning
Cormrussion directed staff to include.
Rear Setback
The City currently has a 25-foot rear setbackfor one-story and two-story structures. The Code does allow an
exception to this setbackfor one-story structures that encroach no more than 40 percent into the rear yard (an
area 25 feet by the width of the lot) that have a minimum 5-foot setback. In effect, the Code does allow
structures to be built with a 5-foot rear setbackthat are one-story structures. It is possible that the initial
concept for allowing the 5-foot setback was for non -habitable buildings, however, the Code allows all
structures that are one story to be built with a 5-foot setback.
For most lots in the City, it is not likely that a room addition would be built with a 5-foot rear setback, and an
addition that close to the rear property lime can impact the neighboring rear yards. In addition, the recent
changes to State law make it difficult to have different regulations for room additions and ADUs. In practice,
many individuals proposing ADUs are proposing them as close to the rear yard as possible, which causes
concerns for privacy in the neighboring rear yard. It should also be noted that State law requires cities to
allow conversion of legal structures (habitable or non -habitable) into ADUs.
Based on legislative acts approved this calendar year by the state (AB 68, AB 881, SB 13, AB 587 and AB
670) there are new standards that cities in California are required to comply with. One of the standards
required is allowing newly constructedADU's with aminimum setback ofas close as four(4) feet. Based on
the changes required by the state, at this time, staff would recommend not modifying the rear yard
setback. The original concept was to provide privacy in rear yard areas, however, the state has eliminated the
City's ability to provide suchprotection of privacy.
As directed by the Planning Commission, staff has drafted the code amendment with a rear setbackof 15 feet
(Section 26-407). If the Planning Cormnission agrees with staffs recommendation to remove the rear setback
revision, the revision should be made as part of the motion to recommend approval.
Accessorvlivin2 Ouarters
Historically, guesthouses (AHQs)were a simple process (allowed by right) and second units (ADUs) were
more complicated (conditional use permit). Over the last 10 years the State has required cities to amend their
Codes to relax standards and processes forADUs.Subsequently, today ADUs are allowed by right. The
Code was amended to make AHQs more complicated, requiring the approval of an AUP and requiring a
garage (Attachment No. 3). Based on the number of submittals last year, 15 ADUs and no AHQs, it would
seem thatthere is currently little interestin constructing AHQs. Additionally, State law allows legal
structures robe converted to ADUs so even if someone builds an AHQ, they may want to convertit to an
ADU. This code amendment was initiated to consider eliminating AHQs.
The draft code amendment incorporates the deletion of the process for approval and the standards to allow for
AHQ's (Section 26-391.5). The definition and references have been left in the Code as there are many guest
houses that were constructed over the years and there area few AHQ's that have been constructed. All guest
houses andAHQ's were required the recordation ofcovenants and therefore it will be helpful to future staffto
have the tetras defined.
Backun Space
Currently, the Municipal Code requires a 22-foot backup space for garages that are in the side yard and face a
side street, a 25-foot backup space for garages in the front yard, and an overall minimum of 22 feet of
driveway length from property lines. However, the code does not contain any regulations about the distance
from garage doors to another structure to allow for vehicle access to the garage. The Planning Department
currently has a policy requiring a 25-foot backup space; however, the Municipal Code does not include any
standards to ensure that vehicles can access agarage. The draft code amendment includes the requirement for
a 25-foot backspace from the opening of the garage (Section 26402 (i)).
ENVIRONMENTAL DETERMINATION
Theproposalis not subject to the California Environmental Quality Act(CEQA) per Section 15061(b)(3) of
the CEQA Guidelines, which provides thatCEQA only applies to activity that results indirect or reasonably
foreseeable indirect physical change in the environment and for activity considered to be a project,
respectively. The amendment to the West Covina Municipal Code would not result in a physical change in the
environment because it would only revise development standards for properties zoned for single-family
residential uses.
STAFF RECOMMENDATIONS
Staffreconmtends thatthePlanning Connission adoptaresolutionrecotnmending approvalofCode
Amendment No. 19-02 to the City Council
Submitted by: Jeff Anderson,Comttrwnity Development Director
Attachments
Attachment No. 1 - Resolution
Attachment No. 2 - Planning Commission Minutes, 7/23/19
Attachment No. 3 - Planning Commission Study Session Staff Report, 7/23/19
Attachment No. 4 - City Council Initiation Resolution
11/16/2020 Print Staff Report
and one in 2017. Because the State has placed a focus on ADUs and required them to be approved by
right, there has not been much interest in proposing AHQs.
The Planning Commission held a study session on July 23, 2019. At the conclusion of the study session, the
Planning Commission gave direction to staff to draft a code amendment to establish a rear setback of 15 feet,
to eliminate standards for AHQ's, and to establish backup space standards for garages.
A public hearing was held by the Planning Commission on November 26, 2019. Based on the new state
mandate for accessory dwelling units, the drafted revision to change the minimum rear setback from 5 feet to
15 feet was removed from their recommendation.
DISCUSSION:
The draft code amendment has been prepared and is attached as Exhibit A to the Code Amendment Ordinance
(Attachment No. 1). The draft code amendment includes the two items that Planning Commission directed
staff to include.
Accessory Living Quarters
Historically, AHQs were a simple process (allowed by right) and second units (ADUs) were more complicated
(conditional use permit). Over the last 10 years the State has required cities to amend their Codes to relax
standards and processes for ADUs. Subsequently, today ADUs are allowed by right. The Code was amended
to make AHQs more complicated, requiring the approval of an AUP and requiring a garage (Attachment No.
3). Based on the number of submittals last year, 15 ADUs and no AHQs, it would seem that there is currently
little interest in constructing AHQs. Additionally, State law allows legal structures to be converted to ADUs
so even if someone builds an AHQ, they may want to convert it to an ADU. This code amendment was
initiated to consider eliminating AHQs.
The draft code amendment incorporates the deletion of the process for approval and the standards to allow for
AHQ's (Section 26-391.5). The definition and references have been left in the Code as there are many guest
houses that were constructed over the years and there are a few AHQ's that have been constructed. All guest
houses and AHQ's were required the recordation of covenants and therefore it will be helpful to future staff to
have the terms defined.
Backup Space
Currently, the Municipal Code requires a 22-foot backup space for garages that are in the side yard and face a
side street, a 25-foot backup space for garages in the front yard, and an overall minimum of 22 feet of
driveway length from property lines. However, the code does not contain any regulations about the distance
from garage doors to another structure to allow for vehicle access to the garage. The Planning Department
currently has a policy requiring a 25-foot backup space; however, the Municipal Code does not include any
standards to ensure that vehicles can access a garage. The draft code amendment includes the requirement for
a 25-foot back space from the opening of the garage (Section 26-402 (i)).
Notification of the public hearing was provided in the San Gabriel Valley Tribune on January 9, 2020.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed ordinance as to form and content and has concluded that
it is in compliance with both State and federal law.
OPTIONS:
The City Council has the following options:
1. Approve the Planning Commission's recommendation; or
2. Provide alternative direction
https://destinyhosted.com/print_ag_memo.cfm?seq=614&rev_num=0&mode=Extemal&reloaded=true&id=93762 2/3
Planning Commission Minutes
Page 4 — July 23, 2019
ATTACHMENT NO. 5
3. STUD- SESSION SUBCOMMITTEE FOR DESIGN DEXIEW ONESTnnv
GuiDELES
This item was postponed t the
6. STUDY C'L`C'CION CODE AMENDMENT NO 16 03
SMALL T T WIRELESS ESS F A CI TT ES IN THE PUBLIC IC RIGHT OF WAY
V
Planning Manager- ja Aime Burns presented the staff fepe#. She disetissed the previous
small A4reless f4eilities and separation bew�een residepAial uses and small wireless
feeil ties.
Ghain,nen Redholtz asked if anyone warAed !a addi7ess the Commission regarding the
matter:
Rebet4 jystad, Geveftiffient Relations Manager for GreiAR Castle stated that a small
wireless faeililiy separation of 250 feet was standard and that an iflerease in the separatio
eould be a problem for wireless preViders. He r-eeemniended faeusing on design standards
not separation standards.
The Commission diseessed that residents expeo a eei4ain level of ser-Viee from wireless
providers and the balanee between needs of the provider and neighborhood aesthetic
Chaiffnan Redheltz stated he was satisfied with !he reeeniffiended separation betwee
f4eilities of 250 fi�� and the separation of residential and small A4feless f4eilities of 15 fee
in PCD 1 and 30 �� in ether residential zones. He stated he thatighl the Guidelines should
I e designed to allow to simplify . and allow for more effeierA review of »«epesal.. He f It
.,.. »...,.b,...» ,... allow ..., .,....r„y �..... u,... v....v.v v...v.v.... .v r.v yr viravYvouao�---a a..-ro.c
!hat mest of !he small wireless faeilities should be able te be approved by staff through the
Metien by Dedhalt seeended by Kennedy to direet staff t prepare a draft ede
affiendment of 250 feet between f4eilities and a separation between residefAial iises all
f4eilities of 15 feet (PGD 1) and 30 feet (other residential uses). Gommission jaqiie;� stated
that the issue of eoloeation redueed his eeneem an the trumber that might be prepesed eve
tiffie. Commissioner Reng s4ated she felt that there should be additional disetissien as thes
decisions would affeet all fesidents. The motion earfied 3 2 (14eng, Holtz)
STUDY SESSION - CODE AMENDMENT NO. 19-02
R-1 Rear Setbacks/AHQ Standards
Community Development Director Jeff Anderson presented the staff report. He discussed
City Council initiation and discussed potential changes to the rear yard setback, the
elimination of AHQs and adding a backup standard from garages.
PAPLANCOM\MINUTES\2019 MINUTES\7.23.19 minutes.doc
Planning Commission Minutes
Page 5 — July 23, 2019
ATTACHMENT NO.5
The Commission discussed that it might make sense to have different rear yard setback
requirements for larger lots. At the conclusion of the discussion the consensus was to direct
staff to prepare a code amendment to eliminate AHQs, review the list of accessory
buildings, and review the Area Districts and rear setback.
PAPLANCOM\MINUTES\2019 MINUTES\7.23.19 minutes.doc
ATTACHMENT NO.6
TO:
FROM:
SUBJECT:
Planning Commission
City of West Covina
Memorandum
AGENDA
ITEM NO.7.
DATE: July 23, 2019
Planning Division
STUDY SESSION - CODE AMENDMENT NO. 19-02
R-1 Rear Setbacks/AHQ Standards
BACKGROUND:
The City Council initiated the Code Amendment at the conclusion of Code Amendment No. 18-02 regarding
City standards for accessory dwelling units (ADU). At the City Council hearing on that item there was
discussion that the accessory dwelling unit standards should be consistent with standards for additions to
houses. While adopting that Code Amendment the City Council did discuss that the required 25-foot setback
should be evaluated as well as the current standards for accessory habitable quarters (AHQ) (formerly guest
houses).
The City modified the standards for accessory habitable quarters (previously guest houses) in
2014. Accessory habitable quarters are distinct from ADUs in that they not considered a separate unit,
allow no kitchen facilities and there are no requirements per State law. Accessory habitable quarters (AHQ)
require the approval of an administrative use permit (AUP), allowing for staff -level review with notification
of the properties within 300 feet of the subject property. AHQs are currently allowed based on following
development standards (WCMC Article VIH, 26-391.5);
• Maximum of640 squarefeet.
• Require 1 coveredparking space.
• 25-foot separation between second unit and primary unit.
• Comply with 25-foot rear setback.
• AHQ most be behind the primary dwelling unit.
• AHQ must be architecturally compatible with primary unit.
• No windows allowed when along a side property line if closer than 10 feet.
While the State has revised the methods that cities can regulate ADU's, it is the citie s choice about whether to
allow AHQs. Since 2014, there have been four AHQs proposed, one in 2014, two in 2015, and one in
2017. Because the State has placed a focus on ADUs and required them to be approved by right, there has
not been much interest in proposing AHQs.
11MICI BILIA
The proposed Code Amendment would examine rear setbacks and accessory living quarters. Staff is also
suggesting including backup space standards to ensure that garages have adequate space to allow for
vehicular access to the garage.
Rear Setback
The City currently has a 25-foot rear setbackfor one-story and two-story structures. The Code does allow an
exception to this setbackfor one-story structures that encroach no more than 40 percent into the rear yard (an
area 25 feet by the width of the lot) that have a minimum 5-foot setback In effect, the Code does allow
structures to be built with a 5-foot rear setbackthat are one-story structures. It is possible that the initial
concept for allowing the 5-foot setback was for non -habitable buildings, however, the Code allows all
structures that are one story to be built with a 5-foot setback.
For most lots in the City, it is not likely that a room addition would be built with a 5-foot rear setback, and an
addition that close to the rear property line can impact the neighboring rear yards. In addition, the recent
changes to State law make it difficult to have different regulations for room additions and ADUs. In practice,
many individuals proposing ADUs are proposing them as close to the rear yard as possible, which causes
concerns for privacy in the neighboring rear yard. It should also be noted that State law requires cities to
convert legal structures (habitable or non -habitable) into ADUs.
Staff surveyed surrounding cities on their rear setbacks for habitable and for non -habitable structures
(Attachment No. 3). Many cities have different standards to allow detached garages, sheds and other
accessory structures in the rear yard area while providing more separation for habitable structures. Given the
current requirements for ADUs, it may not be advisable to create different standards for habitable and non -
habitable structures.
This code amendment was initiated to considermmodifications to the 5-foot rear setback The issues to
consider are privacy in rear yards and the appropriate location for ADUs. All the options provided below
would be tocontinue torequire a 25-foot rear setbackfor all two-story structures. Options to considerinclude
the following.
1. Continue to require a rear setback of 5 feet.
2. Require arear setbackof 10 feet (La Puente and II Monte usethis setback).
3. Require a rear setbackof 15 feet.
4. Require arear setbackof 20 feet (Baldwin Park, Diamond Bar, Azusaand 13 Monteuse this
setback).
5. Require a rear setbackof 25 feet (Covina, Azusa and Glendora usethis setback).
Staff is recommending a rear setbackof 15 feet. This still allows some encroachment into the rear setback
butprovides separation from the neighboring properties to the rear and would likely reduce negative impacts
on those adjacent properties.
Accessoryliving Quarters
Historically, guesthouses (AHQs)were a simple process (allowed by right) and second units (ADUs) were
more complicated (conditional use permit). Over the last 10 years the State has required cities to amend their
Codes torelax standards and processes forADUs. Subsequently, today ADUs are allowed by right. The
Code was amended to make AHQs more complicated, requiring the approval of an AUP and requiring a
garage (Attachment No. 3). Based on the number of submittals last year, 15 ADUs and no AHQs, it would
seem thatthereis currently little interestin constructing AHQs. Additionally, State law allows structures
legal structures to be converted to ADUs so even if someone builds an AHQ, they may want to convert it to
an ADU. This code amendment was initiated to considereliminating AHQs.
BackuD Space
Currently, the Municipal Code requires a 22-foot backup space for garages that are in the side yard and face a
side street, a 25-foot backup space for garages in the front yard, and an overall minimum of 22 feet of
driveway length from property lines. However, the code does not contain any regulations about the distance
from garage doors to another structure to allow for vehicle access to the garage. The Planning Department
currently has a policy requiring a 25-foot backup space; however, the Municipal Code does not include any
standards to ensure that vehicles can access a garage.
The backup space requirement is something that staff has intended to add to the Zoning Code for some
time. Therefore, staff is recommending that the requirement for a 25-foot backspace be added to the code
amendment.
RECOMMENDATION:
Staff recommends that the Planning Commission review the information in the staff report and attachments
and provide appropriate direction to staff regarding the code amendment.
Subndtted by: Jeff Anderson, Community Development Director
Attachments
Attachment No. 1 - City Council Staff Report 4/2/19
Attachment No. 2 - Municipal Code/Accessory Habitable Quarters
Attachment No. 3 - Survey of Surrounding Cities
11/16/2020 Print Staff Report
ENVIRONMENTAL REVIEW:
The proposal is exempt for California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the
CEQA Guidelines, which provides that CEQA only applies to activity that results in direct or reasonably
foreseeable indirect physical change in the environment and for activity considered to be a project,
respectively. The amendment to the West Covina Municipal Code would not result in a physical change in the
environment because it would only revise development standards for properties zoned for single-family
residential uses.
Prepared by: Jeff Anderson, Community Development Director
Attachments
Attachment No. 1 - Ordinance 2469
Attachment No. 2 - Planning Commission Resolution
Attachment No. 3 - Planning Commission Minutes 11/26/19
Attachment No. 4 - Planning Commission Staff Report
Attachment No. 5 - Planning Commission Minutes 7/23/19
Attachment No. 6 - Planning Commission Study Session Staff Report
https://destinyhosted.com/print_ag_memo.cfm?seq=614&rev_num=0&mode=Extemal&reloaded=true&id=93762 3/3
ATTACHMENT NO. 1
CI 1 I IL :L(81-30'[ItLCS9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA AMENDING ZONING REGULATIONS
APPLICABLE TO SINGLE FAMILY AND RESIDENTIAL
AGRICULTURAL ZONES REGARDING ACCESSORY HABITABLE
QUARTERS (FORMERLY KNOWN AS GUEST HOUSES) AND
VEHICULAR BACKUP SPACE
WHEREAS, on the 2nd day of April 2019, the City Council initiated a code amendment to
consider revisions to the Single -Family and Residential Agriculture zones of the West Covina
Municipal Code; and
WHEREAS, the Planning Commission, did on the 23rd day of July 2019, conduct a study
session to consider the initiated proposed code amendment change; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 26'' day of
November 2018, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 19-6011, recommending to the City Council approval
of Code Amendment No. 19-02.
WHEREAS, the City Council, upon giving the required notice, did on the 215t day of January
2020, conduct a duly advertised public hearing as prescribed by law on the proposed ordinance; and
WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and
determines that the proposed ordinance is statutorily exempt from the California Environmental
Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that
CEQA only applies to projects that have the potential for causing a significant effect on the
environment; and
WHEREAS, the City Council has duly considered all information presented to it,
including written staff reports and any testimony provided at the public hearing, with all testimony
received being made a part of the public record.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings. The City Council finds as follows:
A. Consistent with state law, the City allows accessory dwelling units to be constructed within
the city.
B. Now that accessory dwelling units are allowed by right within the city, there is limited to
no need to still allow accessory habitable quarters; and
C:\Windows\TEMP\BCLTechnologies\easyPDF 7\@BCL@1C264B24\@BCL@1C264B24.docx
ATTACHMENT NO. 1
C. Antiquated provisions of the municipal code should be removed to increase administrative
efficiencies and reduce public confusion.
SECTION 2. Municipal Code Amendment. The definition of "accessory habitable quarters"
in section 26-63 of the municipal code is revised as follows:
Accessory habitable quarters/guest houses. A permanently constructed habitable quarters,
separate from the primary residence, and having no kitchen facilities, which is clearly
subordinate or incidental to the primary residence on the same lot. The accessory habitable
quarters may include only a sleeping area, living area, and bathroom within an attached or
detached accessory structure and for use by guests or occupants of the primary residence. The
accessory habitable quarters shall not be separately rented, leased or let (by direct or indirect
compensation) or otherwise occupied separately from the primary residence. Accessory
habitable quarters were historically known as guest houses. New accessory habitable
quarters/guest houses are no longer allowed.
SECTION 3. Municipal Code Amendment. Municipal Code section 26-296.1100 (Definitions)
is revised as follows:
Sec. 26-296.1100. - Definitions.
(a) Large expansions shall mean the expansion of the existing total gross floor area of a single-
family dwelling unit by the following minimum square footage when either the floor area
of the existing dwelling unit is expanded or when the existing dwelling unit is demolished
and anew dwelling unit is constructed within five (5) years and results in atotal gross floor
area larger than existed at the time of demolition, but not resulting in a total gross floor
area which exceeds the maximum permitted for a lot:
Lot Size (sq. ft.)
Large Expansion (sq. ft.)
Under 20,000
1,250
20,000-24,999
1,500
25,000-29,999
2,000
30,000-34,999
2,500
35,000-39,999
3,000
40,000+
3,500
Said large expansion includes the gross square footage of the main building and/or accessory
uses when attached to the main building, (including, but not limited to a accessory habitable
quarters/guest houses, and garage), and detached garages, as set forth in subsection (d) of this
section.
(b) Maximum unit size exception shall mean an increase of the total gross square footage
permitted for a unit as defined in section 26-401.5 by up to twenty-five (25) percent of the
C:\Windows\TEMP\BCLTechnologies\easyPDF 7\@BCL@1C264B24\@BCL@1C264B24.docx
ATTACHMENT NO. 1
gross square footage of the main building, and/or attached accessory uses (including, but
not limited to an accessory habitable quarter/guest house, or garage), and/or detached
garages, as set forth in subsection (d) of this section.
(c) Timing of additions or expansions. AD additions or expansions occurring within one (1)
year of the building pemnrt final inspection approval of the previous addition or expansion
shall be considered as a single expansion for the purpose of determining the large
expansion calculation
(d) Detached garages legally constructed prior to October 21, 2004, shall be exempt from
inclusion in the gross square footage calculation Expansion of such garages after October
21, 2004, however, shall cause this exemption to be lost.
SECTION 4. Municipal Code Amendment. The following portions of Municipal Code section
26-391 (ie. through and including subsections 1 and 2) are revised as follows, with all other
portions of the section unamended:
Municipal Code Sec. 26-391. - Permitted uses.
No building or improvement or portion thereof in the residential agricultural zone (R-A) or
the single-family residential zone (R-1) shall be erected, constructed, converted, established,
altered or enlarged nor shall any lot or premises be used except for one (1) or more of the
following purposes:
(1) One single-family dwelling per lot. Any additions or accessory buildings shall maintain
architectural consistency with the house regarding roof profile and pitch, materials,
colors, roofing, scale, exterior treatment and details.
(2) Accessory buildings.
a. A-seessary habitable q a as allowed per- seetion 26 391.5.
lea. Accessory dwelling units as allowed per article XII, division 11 (26-685.30 et seq.).
b s. Nonhabitable accessory buildings or structures, including, but not limited to the
following:
1. Garages;
2. Carports;
3. Workshops;
4. Storage rooms or sheds;
5. Detached patio covers;
6. Pool bathroom or detached bathroom
All nonhabitable accessory buildings of more than one hundred twenty (120) square feet
shall file a covenant defining the use of the accessory building and stating that the
building shall not be converted to any other use without city approval including an
accessory dwelling unit.
SECTION 5. Municipal Code Amendment. Section 26-391.5,"Accessory buildings, habitable"
is deleted.
C:\Windows\TEMP\BCLTechnologies\easyPDF 7\@BCL@1C264B24\@BCL@1C264B24.docx
ATTACHMENT NO. 1
SECTION 6. Municipal Code Amendment. A new subsection (i) is added to Section 26-402,
"Off-street parking" to provide as follows:
(i) A minimum unobstructed vehicular maneuvering distance of twenty-five (25) feet
measured from the opening of the garage or carport shall be provided, except as otherwise
permitted in this section. Minor design modifications may be approved, due to the
uniqueness of the property as determined by the Planning Director.
SECTION 7. Municipal Code Amendment. Section 26-407, "Pemnisslble coverage of required
yards" is revised as follows.
Sixty (60) percent of the required rear yard in R-A and R-1 zones shall remain open; and the
remaining forty (40) percent of the required rear yard may be covered by single story
construction with a height of no greater than fifteen (15) feet. No construction shall be
permitted within fkv (5) fifteen 15 feet of the rear property line.
SECTION 8. Municipal Code Amendment. Subsection (d) of section 26-418, ("Planning
Commission Subcommittee for Design') is revised as follows:
(d) Review required. No building permit shall be issued for the following types of
improvements to single-family residences prior to subcomrnittee review:
(1) New construction of single-family residences.
(2) Structural additions or modifications on the front elevation of a residence.
(3) New second -story additions to one-story residences.
(4) New second -story additions to two-story houses.
(5) New balconies.
(76) Any modifications that is readily visible from a public right-of-way
SECTION 9. Municipal Code Amendment. Subsection (a) of Section 26-749.160
( 'Administrative use permit required), is revised as follows:
(a) Prior to the construction of any improvement in the lower pad area such as habitable
structures (including aeeesseFy habitable quarters aFA accessory dwelling units),
nonhabitable structures that require the issuance of a building permit, swimming pools,
spas, sports courts, and similar uses (whether or not a building permit is required), an
administrative use permit shall be required as specified in article VI, division 5 of this
chapter 26.
SECTION 10. ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and
the City's environmental procedures, and is found to be exempt pursuant to CEQA Guidelines
Section 15061(b)(3), as this ordinance cannot create any significant effect on the environment.
C:\Windows\TEMP\BCLTechnologies\easyPDF 7\@BCL@1C264B24\@BCL@1C264B24.docx
ATTACHMENT NO. 1
SECTION 11. INCONSISTENCIES. Any provision of the West Covina Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the
provisions of this ordinance.
SECTION 12. SEVERABILITY. If any provision or clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or
applications of this ordinance which can be implemented without the invalid provision, clause or
application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 13. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its
passage shall be published once in a newspaper of general circulation, printed and published in the
City of West Covina or, in the alternative, the City Clerk may cause to be published a summary of
this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the
City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned summary and
[continued on next page]
C:\Windows\TEMP\BCLTechnologies\easyPDF 7\@BCL@1C264B24\@BCL@1C264B24.docx
ATTACHMENT NO. 1
shall post in the office of the City Clerk a certified copy of this Ordinance together with the names
and member of the City Council voting for and against the same.
PASSED, APPROVED AND ADOPTED this 21st day of January, 2020.
Tony Wu
Mayor
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Thomas Duarte
City Attorney
STATE OF CALIFORNIA
COUNTY OF IDS ANGELES
CITY OF WEST COVINA
I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, do hereby certdy that the
foregoing Ordinance No. 2468 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 211t day of January, 2020. That, thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day
of 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
Lisa Sherrick
Assistant City Clerk
C:\Windows\TEMP\BCLTechnologies\easyPDF 7\@BCL@1C264B24\@BCL@1C264B24.docx