02-18-2020 - AGENDA ITEM 07 CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2469 - 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. 7
DATE: February 18, 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: CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO.
2469 - CODE AMENDMENT NO. 19-02 REGARDING SINGLE FAMILY STANDARDS
FOR ACCESSORY HABITABLE QUARTERS, AND VEHICLE BACKUP SPACE
RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
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:
At the conclusion of the City Council public hearing regarding Accessory Dwelling Units ("ADUs") on April
2, 2019, the City Council initiated a separate Code Amendment to examine the standards for Accessory
Habitable Quarters ("AHQs")(formerly guest houses). AHQs are distinct from ADUs because they are not
considered a separate unit, do not allow kitchen facilities and are not defined nor required under State housing
law. Staff believes that with the continued focus, by the State of California, on Accessory Dwelling Units that
there is no need for Accessory Habitable Quarters as a separate permitted use.
On July 23, 2019 the Planning Commission held a study to review AHQs. At the conclusion of the study
session, the Planning Commission gave direction to staff to draft a code amendment to eliminate standards for
AHQ's, and separately to establish backup space standards for garages. On November 26, 2019 the Planning
Commission held a public hearing and recommended that the standards for AHQs be eliminated and that the
garage backup space for vehicles for a minimum of 25 feet.
Based upon the actions and recommendations of the Planning Commission, the City Council held a public
hearing and introduced Ordinance No. 2469 at the February 4, 2020 City Council meeting.
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11/16/2020
DISCUSSION:
Print Staff Report
The purpose of the Ordinance is to amend the Municipal Code to eliminate standards for accessory habitable
quarters and adopt standards for vehicular backup space in single-family residential zones. It is requested that
the City Council conduct the second reading and adopt Ordinance No. 2469.
The ordinance will take effect 30 days after adoption, which is on or about March 17, 2020.
Prepared by: Jeff Anderson, Community Development Director
Fiscal Impact
FISCAL IMPACT:
The proposed code amendment would not have any direct fiscal impact to the General Fund.
Attachments
Attachment No. 1 - Ordinance 2469
CITY Enhance the City Image and Effectiveness
COUNCIL Respond to the Global COVID-19 Pandemic
GOALS &
OBJECTIVES:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, 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
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 4' day of February
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
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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 demolis hed
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
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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 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 (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,
akered or enlarged nor shall any lot or premises be used except for one (1) or more of the
following proposes:
(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 n....e... ary habitable . e as allowed per seetion 26 19 1.5.
li-a. 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
bolding 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.
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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.
(76� Any modifications that is readily visible from a public right-of-way.
SECTION 8. 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 accessory dwelling units),
nonhabitable structures that require the issuance of a building pemnit, 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 V1, 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
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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
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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 4th day of February, 2020.
Tony Wu, Mayor
ATTEST:
Lisa Sherrick, Assistant City Clerk
APPROVED AS TO FORM:
Thomas Duarte, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST COVINA
I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, do hereby certify 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 4th day of February, 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
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