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08-04-2020 - AGENDA ITEM 09 PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO. 20-04 FOR RESIDENTIAL AGRICULTURAL ZONE (R-A) AND SINGLE-FAMILY RESIDENTIAL ZONE (R-1) STANDARDS12/1/2020 Print Staff Report AGENDA ITEM NO.9 DATE: August 4, 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.20-04 FOR RESIDENTIAL AGRICULTURAL ZONE (R-A) AND SINGLE-FAMILY RESIDENTIAL ZONE (R-1) STANDARDS RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing regarding Code Amendment No. 20-04; and 2. Introduce for first reading, by title only, further reading waived, the following ordinance: ORDINANCE NO.2473 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO.20-04, CODE AMENDMENT RELATED TO RESIDENTIAL -AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1) STANDARD BACKGROUND: In order to promote the development of Accessory Dwelling Units the California Legislature further updated State law effective January 1, 2020 to clarify and update various provisions. On February 25, 2020, the Planning Commission held a study session pertaining to Accessory Dwelling Units (ADU) and certain R-A/R-1 code standards, and adopted Resolution No. 20-6028, which initiated Code Amendment No. 20-04. Although Code Amendment No. 20-04 was brought forth because of the State's ADU mandate, the proposed Code Amendment is unrelated to the ADU Ordinance. This Code Amendment would address certain R-A/R-1 standards that the State's ADU mandate made necessary. The proposed Code Amendment was drafted based on Planning Commission direction received during the February 25, 2020 study session. On April 28, 2020, staff presented the draft Code Amendment to the Planning Commission. The Planning Commission continued the item for discussion at a later time to allow more time for members of the public to provide comments and to allow staff to research information regarding existing options for residents pertaining to the potential lack of street parking. https://destinyhosled.com/print_ag_memo.Gfm?seq=891 &rev_num=0&mode=Extemal&reloaded=true&id=93782 1 /3 Planning Commission Resolution No. 20-6042 Code Amendment No. 20-04 June 24, 2020 - Page 2 SECTION NO.1: The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO.2: Based on the evidence presented and the findings set forth, Code Amendment No. 20-04 is hereby found to be consistent with the West Covina General Plan and the implementation thereof, and that the public necessity, convenience, general welfare, and good zoning practices require Code Amendment No. 20-04. SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approves Code Amendment No. 20-04 to amend Chapter 26 (Zoning) of the West Covina Municipal Code as shown on Exhibit "A." SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law and this Resolution shall go into force and effect upon its adoption. I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 241h day of June 2020, by the following vote. AYES: Holtz, Jaquez, Heng, Redholtz, Kennedy NOES: None ABSTAIN: None ABSENT: None DATE: June 24, 2020 L eena Heng, Chairp `son Planning Commission r Mark Persico, Secret Planning Commission Planning Commission Resolution No. 20-6042 Code Amendment No. 20-04 June 24, 2020 - Page 3 EXHIBIT A ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT CODE AMENDMENT NO. 20-04, CODE AMENDMENT RELATED TO RESIDENTIAL -AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1) STANDARD WHEREAS, the City's R-A and R-1 standards were last updated in February 18, 2020; and WHEREAS, on the February 25, 2020, the Planning Commission conducted a study session and initiated a code amendment related to Residential -Agriculture (R-A) and Single -Family Residential (R-1) standards; and WHEREAS, the Planning Commission, upon giving the required notice, did on April 28, 2020 and June 24, 2020, conduct a duly advertised public hearing as prescribed by law to make recommendations to the City Council to approve Code Amendment No. 20-04; and WHEREAS, the City Council, upon giving the required notice, did on the _ day of , 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 MAYOR AND THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY ORDAINS AS FOLLOWS: SECTION NO. 1: Section 26-63 of the West Covina Municipal Code is hereby amended to include the following definition to be inserted consistent with alphabetical ordering: Planning Commission Resolution No. 20-6042 Code Amendment No. 20-04 June 24, 2020 - Page 4 Non -habitable bonus room. A detached structure used for private recreational purposes accessory to a residential use with its own separate exterior access/entrance. SECTION NO. 2: Subsection (2) of Section 26-391 of the West Covina Municipal Code is hereby amended to read as follows: (2) Accessory buildings. a. Accessory dwelling units as allowed per article XII, division 11 (26-685.30 et seq.). b. Non -habitable bonus rooms no greater than 200 square feet, provided that the structure is not attached to other accessory structures and/or uses, and complies with the following limitations: 1. Non -habitable bonus rooms greater than 200 square feet are not allowed. 2. No more than one (1) non -habitable bonus room shall be allowed per lot. 2. Non -Habitable bonus rooms shall not contain an interior bathroom, but may have an exterior bathroom that is not directly accessible from the bonus room. 3 Non -habitable bonus rooms shall not have any kitchen equipment and/or any cooking facilities including but not limited to the following: kitchen cabinets, kitchen sink, stove, oven, or full-size refrigerator/freezer. 4 Non -habitable bonus rooms may only be located behind the primary residence and shall not be located within the area between the front property line and a line parallel to the back of the primary residence. 5 Non -habitable bonus rooms may not be located within 10 feet of another structure. 6 Non -habitable bonus rooms may not be constructed on properties improved with an Accessory Dwelling Unit or Junior Accessory Dwelling Unit. 7. Non -habitable bonus rooms shall not be rented out as a separate unit, and shall onl}be used for private recreational purposes. 8. A covenant approved by the director identifying the occupancy and limitations of the site in relation to the bonus room, shall be recorded with the county recorder. The applicant shall be responsible to prove the vesting and show evidence of recordation and shall pay the cost thereof. be. Non -habitable 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 non -habitable 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. Planning Commission Resolution No. 20-6042 Code Amendment No. 20-04 June 24, 2020 - Page 5 SECTION NO. 3: Subsection (a) of Section 26-402 of the West Covina Municipal Code is hereby amended to read as follows: (a) Each single-family dwelling shall provide four (4) accessible off-street parking spaces for each dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed. The provisions of this seetion shall apply to new single family dwelling construction a-fter januafy 1, T• SECTION NO.4: Subsection (b) of Section 26-402 of the West Covina Municipal Code is hereby amended to read as follows: (b) For single-family dwellings with a gross floor area (exclusive of garages) of four thousand five hundred (4,500) square feet or greater or with five (5) or more bedrooms a minimum of the three (3) off-street parking spaces located within an enclosed garage is required. Tandem parking may be permissible for the purpose of providing the three (3) required parking spaces provided tandem parking is limited to not more than one (1) vehicle behind another and a minimum of two (2) parking spaces are provided side -by -side at the garage entrance. Legal nonconforming covered parking spaces in existence prior to February 21, 2044 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming covered parking spaces were legally established and maintained. The requirements of this section shall apply to new construction and the expansion of existing single-family dwellings. SECTION NO. 5: Subsection (e) of Section 26-402 of the West Covina Municipal Code is hereby amended to read as follows: (e) Garages and carport shall have a minimum interior clear width and depth of twenty (20) feet between columns or walls. Three -car garages shall have a minimum interior clear width of thirty (30) feet and depth of twenty (20) feet. In cases where a tandem parking space is proposed to comply with a required three -car garage, a minimum of two (2) parking spaces shall be provided side -by -side at the garage entrance and minimum ten (10) feet by twenty (20) feet shall be provided behind. Unless otherwise approved in advance by the planning director in writing, placement of garage doors shall be centered between columns or walls. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport, except as modified in section 26-402.5. The balance of the required spaces, if uncovered, shall have minimum dimensions of eight (9) feet by sixteen (16) feet. (1) In the case where an expansion to the existing single-family structure exceeds 300 square feet, or exceeds the maximum permitted for a lot as outlined in section 26-296.1100, any garage or carport shall conform to the provisions regulating width and depth in subsection (e}Lelof this section, the provisions regulating the number of required off-street parking spaces in subsection (a) and any front, side and rear yards as regulated by this article. Planning Commission Resolution No. 20-6042 Code Amendment No. 20-04 June 24, 2020 - Page 6 SECTION NO. 6: Subsection (b)(2) of Section 26-402.5 of the West Covina Municipal Code is hereby amended to read as follows: (2) A "primary driveway" shall be defined as that area providing direct access from the street to a garage, or -carport, or required parking space(s) with a minimum length of twenty- two (22) feet. No driveway established prior to June 1, 1991, by permit, shall be considered nonconforming. SECTION NO. 7: Subsection (e) of Section 26-402.5 of the West Covina Municipal Code is hereby amended to read as follows: (e) Pavement in the front yard shall be limited to the width of the garage or carport, plus an additional six (6) feet on either or both sides of the garage or carport driveway, or an additional twelve (12) feet on one side of the driveway and any secondary driveway. In instances where the property does not have a garage or carportthe front yard driveway pavement shall be limited to 20 feet in width. Substitutions of paved materials for the additional paved areas are permitted if found to be substantially similar to the requirements of this article. In cases of irregularly shaped lots or sites hampered by topographical features, the additions shall be parallel to and/or concentric with the access drive. SECTION NO. 8: Subsection (c) of Section 26-405.7 of the West Covina Municipal Code is hereby amended to read as follows: (c) As used in this section, second story setback shall also apply to any portion of the first story consisting of unused air space such as an open beam or vaulted ceiling area (excluding roof and attic space) and -measuring twelve (12) feet above the finished floor of the first story, any structure with an exterior wall height measuring twelve 12) feet or more above adjacent grade or any tructure greater than sixteen (16) feet in height as measured from the lowest adjacent grade to the highest point. SECTION NO. 9: Subsection (a) of Section 26-749.160 of the West Covina Municipal Code is hereby amended to read as follows: (a) Prior to the construction of any improvement in the lower pad area such as non -habitable structures (including accessory dwelling units and non -habitable bonus rooms), non - habitable 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 NO. 10: That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Planning Commission Resolution No. 20-6042 Code Amendment No. 20-04 June 24, 2020 - Page 7 SECTION NO. 11: This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. PASSED, APPROVED AND ADOPTED this Tony Wu Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk, of the City of West Covina, custodian of the original records, which are public records which I maintain custody and control for the City of West Covina do hereby certify the foregoing Ordinance, being Ordinance No, as passed by the City Council of the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk, at a regular meeting of the City Council held on the and that the same was passed by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.3 AGENDA ITEM NO.4. DATE: June 24, 2020 PLANNING DEPARTMENT STAFF REPORT SUBJECT CODE AMENDMENT NO.20-04 GENERAL EXEMPTION LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to the Zoning section of the West Covina Municipal Code to modify development standards within the Residential -Agriculture (RA) and Single -Family Residential (R-1) zones. The proposed code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). BACKGROUND On February 25, 2020, the Planning Commission held a study session pertaining to Accessory Dwelling Units (ADU) and certain R-A/R-1 code standards, and adopted Resolution No. 20-6028, which initiated Code Amendment No. 20-04. Although Code Amendment No. 20-04 was brought forth because of the State's ADU mandate, the proposed Code Amendment is unrelated to the ADU Ordinance. This Code Amendment would address certain R-A/R-1 standards that the State's ADU mandate made necessary. The proposed Code Amendment was drafted based on Planning Commission direction received during the February 25, 2020 study session. On April 28, 2020, staff presented the draft Code Amendment to the Planning Commission The Planning Commission continued the item for discussion at a later time to allow more time for members of the public to provide comments and to allow staff to research information regarding residential parking options. DISCUSSION During the April 28, 2020 Planning Commission meeting, the Planning Commission expressed concerns regarding the lack of off-street parking on residential properties due to property owners being able to convert their garages into an accessory dwelling unit (ADU) without replacement parking requirements. Section 26-402.5(b)(2) of the West Covina Municipal Code (WCMC) defines a primary ATTACHMENT NO.3 driveway as "the area providing direct access from the street to the garage or carport," while Subsection (e) of the same Section limits pavement in the front yard "to the width of the garage or carport plus 6 feet on either side of the garage or carport, or 12 feet on one side of the driveway." Therefore, under the current Code, driveways are not allowed on properties that do not have a garage/carport; including properties whose garage or carport has been converted into an ADU. The proposed Code Amendment would allow driveways (20'-0" magnum width) to be installed or remain on properties without garages or carports in order to encourage off-street parking. The 20'-0" maximum driveway width would allow for the off-street parking of at least two vehicles on most properties within the City. If parking becomes an issue on any street within the City, any property owner and/or resident may file a request for restricted street parking. Restricted street parking can encompass the following: overnight parking restrictions, permit only parking, or limited time parking. Once an application for restricted parking is filed, the City sends out a postcard survey to allow impacted property owners and/or residents. If the survey indicates that the majority of residents prefer street parking restrictions, the request is presented to the Traffic Commission for consideration. The proposed Code Amendment that was presented to the Planning Commission on April 28, 2019 has not changed and is attached to the resolution for your review (Attachment No. 1). If the Planning Commission chooses to recornmend approval of the proposed code amendment, the City Council will hold a public hearing to consider adopting the proposed amendments. ENVIRONMENTAL DETERMINATION The proposal is not subject to the 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 simply revise existing standards. STAFF RECOMMENDATIONS Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendrent No. 20-04 to the City Council. Submitted by: Jo -Anne Bums, Planning Manager ATTACHMENT NO.3 Attachments Attachment No. 1 - Resolution Attachment No. 2 - April 28, 2020 planning Commission Staff Report Attachment No. 3 - April 28, 2020 Minutes Excerpt ATTACHMENT NO.4 AGENDA ITEM NO.3. DATE: April 28, 2020 PLANNING DEPARTMENT STAFF REPORT SUBJECT CODE AMENDMENT NO.20-04 GENERAL EXEMPTION LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to the Zoning section of the West Covina Municipal Code to modify development standards within the Residential -Agriculture (RA) and Single -Family Residential (R-1) zones. The proposed code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). BACKGROUND On February 25, 2020, the Planning Commission held a study session pertaining to Accessory Dwelling Units (ADU) and certain R-A/R-1 code standards, and adopted Resolution No. 20-6028, which initiated Code Amendment No. 20-04. Although Code Amendment No. 20-04 was brought forth because of the State's ADU mandate, the proposed Code Amendment is unrelated to the ADU Ordinance. This Code Amendment would address certain R-A/R-1 standards that the State's ADU mandate made necessary The proposed Code Amendment was drafted based on Planning Commission direction received during the February 25, 2020 study session. DISCUSSION The draft ordinance provides the following changes to the West Covina Municipal Code (WCMC): Sections 26-62 and 26-391(2) - Habitable Bonus Rooms The Code Amendment provides a definition for 'habitable bonus room" and allows for the construction of a 200 square -foot maximum size detached habitable bonus room subject to certain limitations (ie. no interior bathroom, no kitchen, consistent with other accessory structures. Currently, the WCMC does not allow for habitable accessory structures other than accessory dwelling units. 12/1/2020 Print Staff Report On June 24, 2020, the Planning Commission held a public hearing to consider the proposed Code Amendment. Staff provided the Planning Commission information on the process for requesting restricted street parking on streets with street parking issues. There were no public comments offered during the public hearing. The Planning Commission voted 5-0 to approve Resolution No. 20-6042 recommending the City Council adopt Code Amendment No. 20-04. DISCUSSION: The draft ordinance provides the following changes to the West Covina Municipal Code (WCMC): Sections 26-62 and 26-391(2) - Habitable Bonus Rooms The Code Amendment provides a definition for "non -habitable bonus room" and allows for the construction of a 200 square -foot maximum size detached bonus room subject to certain limitations (i.e. no interior bathroom, no kitchen, consistent with other accessory structures. Currently, the WCMC does not allow for the construction of accessory structures used for private recreational purposes; the WCMC only allows for the construction of non -habitable structures such as garages, carports, and storage sheds. Sections 26-402(a), (b), and (e) - Off-street Parking and Garage Requirements The Code Amendment removes redundant dates identified in the current Code and increases the threshold for the two -car garage/parking requirement. Currently, the WCMC two -car garage requirement is only triggered if the proposed construction exceeds the maximum unit size allowed for the property, the Code Amendment would require properties with additions greater than 300 square feet to provide 4 off-street parking spaces (2 of which is required to be enclosed). Sections 26-402.6(b)(2) and (e) - Driveways The Code Amendment clarifies that primary driveways are allowed to lead to required parking spaces and identifies 20 feet as the maximum driveway width if the property does not have a garage. Currently, driveways are not allowed on properties that do not have a garage/carport; including properties whose garage or carport has been converted into an ADU. The proposed Code Amendment would allow driveways (20'-0" maximum width) to be installed or remain on properties without garages or carports in order to encourage off-street parking. The 20'-0" maximum driveway width would allow for the off-street parking of at least two vehicles on most properties within the City. Section 26-405.7(c) - Second -Story Setbacks The Code Amendment requires second -story setbacks for structures with an exterior wall height greater than 12 feet and for structures with an overall height greater than 16 feet. Section 26-749.160(a) - Animal Keeping Overlay Zone The Code Amendment clarifies that habitable bonus rooms proposed on the lower pad area of properties within the Animal Keeping Overlay Zone require an Administrative Use Permit. LEGAL REVIEW: The City Attorney's Office has reviewed the proposed ordinance and approved it as to form. OPTIONS: The City Council has the following options: 1. Approve staffs recommendations; or 2. Provide alternative direction. https://destinyhosled.com/print_ag_memo.Gfm?seq=891 &rev_num=0&mode=Extemal&reloaded=true&id=93782 2/3 ATTACHMENT NO.4 Sections 26-402(a), (b), and (e) - Off-street Parking and Garage Requirements The Code Amendment removes redundant dates identified in the current Code and increases the threshold for the two -car garage/parking requirement. Currently, the WCMC two -car garage requirement is only triggered if the proposed construction exceeds the maximum unit size allowed for the property, the Code Amendment would require properties with additions greater than 300 square feet to provide 4 off-street parking spaces (2 of which is required to be enclosed). Sections 26-402.6(b)(2) and (e) - Driveways The Code Amendment clarifies that primary driveways are allowed to lead to required parking spaces and identifies 20 feet as the maximum driveway width if the property does not have a garage. Currently, the Code only allows primary driveways to lead to covered parking spaces and bases maximum driveway width on the width of the garage. Section 26405.7(c) - Second -Story Setbacks The Code Amendment requires second -story setbacks for structures with an exterior wall height greater than 12 feet and for structures with an overall height greater than 16 feet. Section 26-749.160(a) - Animal Keeping Overlay Zone The Code Amendment clarifies that habitable bonus rooms proposed on the lower pad area of properties within the Animal Keeping Overlay Zone require an Administrative Use Pemrik. ENVIRONMENTAL DETERMINATION The proposal is not subject to the 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 simply revise existing standards. STAFF RECOMMENDATIONS Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 20-04 to the City Council Submitted by: Jo -Arne Burns, Planning Manager Attachments Attachment No.l -Resolution Recommending Approval ATTACHMENT NO.4 Attachment No. 2 - April 28, 2020 Planning Commission Staff Report Attachment No. 3 - Resolution No. 20-6028 (Initiation) 12/1/2020 Print Staff Report ENVIRONMENTAL REVIEW: The proposal is not subject to the 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 revises development standards that are subject to a separate approval process. Prepared by: Jo -Anne Burns, Planning Manager Attachments Attachment No. 1-Ordinance 2473 Attachment No. 2 - PC Resolution No. 20-6042 Attachment No. 3 - June 24, 2020 Planning Commission Staff Report Attachment No. 4 - April 28, 2020 Planning Commission Staff Report CITY Achieve Fiscal Sustainability and Financial Stability COUNCIL Enhance the City Image and Effectiveness GOALS & Respond to the Global COVID-19 Pandemic OBJECTIVES: https://destinyhosled.com/print_ag_memo.Gfm?seq=891 &rev_num=0&mode=Extemal&reloaded=true&id=93782 3/3 ATTACHMENT NO. 1 ORDINANCE NO.2473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT CODE AMENDMENT NO. 20-04, CODE AMENDMENT RELATED TO RESIDENTIAL -AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1) STANDARD WHEREAS, the City's R-A and R-1 standards were last updated in February 18, 2020; and WHEREAS, on the February 25, 2020, the Planning Commission conducted a study session and initiated a code amendment related to Residential -Agriculture (R-A) and Single -Family Residential (R-1) standards; and WHEREAS, April 28, 2020 and June 24, 2020, the Planning Commission conducted a duly noticed public hearing as prescribed by law regarding proposed Code Amendment No. 20-04. At the conclusion of the public hearing, the Planning Commission approved Planning Commission Resolution No. 20-6042, recommending that the City Council approve Code Amendment No. 20-04; and WHEREAS, on August 4, 2020, the City Council conducted a duly noticed public hearing as prescribed by law regarding this ordinance approving Code Amendment No. 20-04; and ; 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 Environme ntal Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides tha t 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 MAYOR AND THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBYORDAINS AS FOLLOWS: SECTION NO. 1: Section 26-63 of the West Covina Municipal Code is hereby amended to include the following definition to be inserted consistent with alphabetical ordering: ATTACHMENT NO. 1 Non -habitable bonus room. A detached structure used for private recreational purposes accessory to a residential use with its own separate exterior access/entrance. SECTION NO. 2: Subsection (2) of Section 26-391 of the West Covina Municipal Code is hereby amended to read as follows: (2) Accessory buildings. a Accessory dwelling units as allowed per article XH, division 11 (26-685.30 et seq.). b. Non -habitable bonus rooms no greater than 200 square feet, provided that the structure is not attached to other accessory structures and/or uses, and complies with the following limitations: 1. Non -habitable bonus rooms greater than 200 square feet are not allowed. 2. No more than one (1) non -habitable bonus room shall be allowed per lot. 2. Non -Habitable bonus rooms shall not contain an interior bathroom, but may have an exterior bathroom that is not directly accessible from the bonus room. 3. Non -habitable bonus rooms shall not have any kitchen equipment and/or any cooking facilities, including but not limited to the following: kitchen cabinets, kitchen sink. stove, oven, or full-size refrigerator/fr-eezer. 4. Non -habitable bonus rooms may only be located behind the primary residence and shall not be located within the area between the front property line and a line parallel to the back of the primary residence. 5. Non -habitable bonus rooms may not be located within 10 feet of another structure. 6. Non -habitable bonus rooms may not be constructed on properties improved with an Accessory Dwelling Unit or Junior Accessory Dwelling Unit. 7. Non -habitable bonus rooms shall not be rented out as a separate unit, and shall only be used for private recreational purposes. 8. A covenant approved by the director identifying the occupancy and limitations of the site in relation to the bonus room, shall be recorded with the county recorder. The applicant shall be responsible to prove the vesting and show evidence of recordation and shall pay the cost thereof. bc. Non -habitable accessory buildings or structures, including, but not limited to the follow ing: 1. Garages; 2. Carports; 3. Workshops; 4. Storage rooms or sheds; 5. Detached patio covers; 6. Pool bathroom or detached bathroom. All non -habitable 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. ATTACHMENT NO. 1 SECTION NO, 3: Subsection (a) of Section 26-402 of the West Covina Municipal Code is hereby amended to read as follows: (a) Each single-family dwelling shall provide four (4) accessible off-street parking spaces for each dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed. SECTION NO, 4: Subsection (b) of Section 26-402 of the West Covina Municipal Code is hereby amended to read as follows: (b) For single-family dwellings with a gross floor area (exclusive of garages) of four thousand five hundred (4,500) square feet or greater or with five (5) or more bedrooms a minimum of the three (3) off-street parking spaces located within an enclosed garage is required. Tandem parking may be permissible for the purpose of providing the three (3) required parking spaces provided tandem parking is limited to not more than one (1) vehicle behind another and a minimum of two (2) parking spaces are provided side -by -side at the garage entrance. Legal nonconforming covered parking spaces in existenee prior to Februafy 21 2 ^ that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming covered parking spaces were legally established and maintained. The requirements of this section shall apply to new construction and the expansion of existing single- family dwellings. SECTION NO, 5: Subsection (e) of Section 26-402 of the West Covina Municipal Code is hereby amended to read as follows: (e) Garages and carport shall have a minimum interior clear width and depth of twenty (20) feet between columns or walls. Three -car garages shall have a minimum interior clear width of thirty (30) feet and depth of twenty (20) feet. In cases where a tandem parking space is proposed to comply with a required three -car garage, a minimum of two (2) parking spaces shall be provided side -by -side at the garage entrance and minimum ten (10) feet by twenty (20) feet shall be provided behind. Unless otherwise approved in advance by the planning director in writing, placement of garage doors shall be centered between columns or walls. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport, except as modified in section 26-402.5. The balance of the required spaces, ifuncovered, shall have minimum dimensions of eight (8) feet by sixteen (16) feet. (1) In the case where an expansion to the existing single-family structure exceeds 300 square feet, or exceeds the maximum permitted for a lot as outlined in section 26-296.1100, any garage or carport shall conform to the provisions regulating width and depth in subsection (e) (e) of this section, the provisions regulating the number of required off-street narking spaces in subsection (a) and any front, side and rear yards as regulated by this article. SECTION NO.6: Subsection (b)(2) of Section 26-402.5 of the West Covina Municipal Code is hereby amended to read as follows: ATTACHMENT NO. 1 (2) A "primary driveway" shall be defined as that area providing direct access from the street to a garage, of carport, or required parking Wace(s) with a minimum length of twenty- two (22) feet. No driveway established prior to June 1, 1991, by permit shall be considered nonconforming. SECTION NO, 7: Subsection (e) of Section 26-402.5 of the West Covina Municipal Code is hereby amended to read as follows: (e) Pavement in the front yard shall be limited to the width of the garage or carport, plus an additional six (6) feet on either or both sides of the garage or carport driveway, or an additiona 1 twelve (12) feet on one side of the driveway and any secondary driveway. In instances where the property does not have a garage or camort, the front vard driveway pavement shall be limited to 20 feet in width. Substitutions of paved materials for the additional paved areas are permitted if found to be substantially similar to the requirements of this article. hi cases of irregularly shaped lots or sites hampered by topographical features, the additions shall be parallel to and/or concentric with the access drive. SECTION NO, A: Subsection (c) of Section 26-405.7 of the West Covina Municipal Code is hereby amended to read as follows: (c) As used in this section, second story setback shall also apply to any portion of the first story consisting of unused air space such as an open beam or vaulted ceiling area (excluding roof and attic space) and measuring twelve (12) feet above the finished floor of the first story, any stricture with an exterior wall height measuring twelve (12) feet or more above adjacent grade, or any structure greater than sixteen (16) feet in height as measured from the lowest adiacent grade to the highest point. SECTION NO, 9: Subsection (a) of Section 26-749.160 of the West Covina Municipal Code is hereby amended to read as follows: (a) Prior to the construction of any improvement in the lower pad area such as non-habitab le structures (including accessory dwelling units and non -habitable bonus rooms), non - habitable structures that require the issuance of a building pemrit, 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 NO, 10: That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. SECTION NO, 11: This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. ATTACHMENT NO. 1 PASSED, APPROVED AND ADOPTED this this day of 2020. Tony Wu Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk, of the City of West Covina, custodian of the origina 1 records, which are public records which I maintain custody and control for the City of West Covina do hereby certify the foregoing Ordinance, being Ordinance No. 2473 as passed by the City Council of the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk, at a regular meeting of the City Council held on the and that the same was passed by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.2 PLANNING COMMISSION RESOLUTION NO.20-6042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. 20-04, CODE AMENDMENT RELATED TO RESIDENTIAL -AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1) STANDARDS CODE AMENDMENT NO.20-04 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide WHEREAS, on the 251h day of February 2020, the Planning Commission conducted a study session and initiated a code amendment related to Residential -Agriculture (R-A) and Single -Family Residential (R-1) standards; and WHEREAS, the Planning Commission, upon giving the required notice, did on the April 28, 2020 and June 24, 2020, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, studies and investigations made by this Commission and on its behalf reveal the following facts: 1. The City's R-A and R-1 standards were last updated in February 18, 2020. 2. It is necessary to amend the municipal code to address issues that was brought forth by the State's Accessory Dwelling Unit Mandate. 3. The proposed action is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows: