Ordinance - 2480ORDINANCE NO.2480
AN ORDINANCE OF THE CITY COUNCIL OF WEST
COVINA, CALIFORNIA, AMENDING PORTIONS OF
CHAPTER 26 OF THE MUNICIPAL CODE TO
AUTHORIZE ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS CONSISTENT
WITH STATE LAW REQUIREMENTS
WHEREAS, effective January 1, 2020, multiple new housing laws relating to accessory
dwelling units (ADUs)became law, including AB 68, AB 881, SB 13, AB 587, AB 670, and AB
671; and
WHEREAS, effective January 1, 2021, AB 3182, a new housing law which includes
certain standards relating to ADUs, became law; and
WHEREAS, to preserve what limited authority the City has remaining to regulate ADUs,
it is desirable that the City update its laws consistent with State law; and
WHEREAS, on December 8, 2020, the Planning Commission conducted a duly noticed
public hearing as prescribed by law regarding proposed Code Amendment No. 19-06. At the
conclusion of the public hearing, the Planning Commission approved Planning Commission
Resolution No. 20-6063, recommending that the City Council approve Code Amendment No. 19-06;
and
WHEREAS, on April 6, 2021, the City Council conducted a duly noticed public hearing as
prescribed by law regarding this ordinance approving Code Amendment No. 19-06; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment. Division 11 (Accessory Dwelling Units) of Article XII
(Special Regulations for Unique Uses) of Chapter 26 (Zoning) of the West Covina Municipal Code
is hereby amended to read as follows:
Division 11. Accessory Dwelling Units
Sec. 26-685.30. - Accessory dwelling units and junior accessory dwelling units —Purpose,
definitions, occupancy.
(7) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency
kitchen, including a food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the junior accessory dwelling unit.
(8) Parking. No additional parking is required beyond that already required for the primary
dwelling.
(9) Fire Protection; Utility Service. For the purposes of any fire or life protection ordinance or
regulation or for the purposes of providing service for water, sewer, or power, a junior
accessory dwelling unit shall not be considered a separate or new unit, unless the junior
accessory dwelling unit was constructed in conjunction with a new single-family dwelling.
No separate connection between the junior accessory dwelling unit and the utility shall be
required for units created within a single-family dwelling, unless the junior accessory
dwelling unit is being constructed in connection with a new single-family dwelling.
(10) Deed Restriction. Prior to the issuance of a building permit for a junior accessory
dwelling unit, the owner shall record a deed restriction in a form approved by the city that
includes a prohibition on the sale of the junior accessory dwelling unit separate from the
sale of the single-family residence, requires owner -occupancy consistent with subsection
(3) above, does not permit rentals for periods 30 days or shorter, and restricts the size and
attributes of the junior dwelling unit to those that conform with this section.
SECTION 2. Compliance with CEQA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code section 21080.17
[statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory
exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305
[minor alterations to land]. This Ordinance is also exempt under CEQA Guidelines section 15061,
because this Ordinance will not have a significant effect on the environment, because ADUs will
largely constitute infrll housing which is exempt from CEQA.
SECTION 3. Inconsistencies. Any provision of this Ordinance which is inconsistent
with state law shall be interpreted in a manner to be consistent with state law. 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 no further, is hereby repealed or modified to
that extent necessary to affect the provisions of this Ordinance.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of West Covina hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or posted in the
manner required by law.
SECTION 7. Transmit Ordinance to HCD. The City Clerk is directed to send a copy
of this Ordinance to the Department of Housing and Community Development within 60 days of
the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED on the U""" day of kv*.\ 2021.
%-A09
Mayor
777
RM ATTEST An4c)
Thomas . DuaYte Lisa Sherri c
City Attorney Assistant ity Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Ordinance No. 2480 was introduced at a regular meeting of
the City Council held on the 6th day of April, 2021, and adopted at a regular meeting of the City
Council held on the 20th day of April, 2021, by the following roll call vote:
AYES: Castellanos, Diaz, Lopez-Viado, Tabatabai, Wu
NOES: None
ABSENT: None
ABSTAIN: None
Li4SheiTicAlerk
(1) Purpose and Interpretation. The intent of this Section is to ensure that accessory dwelling
units and junior accessory dwelling units remain as an accessory use to a single-family and
multifamily residential usesr-widen that the structures on parcels are organized to
accommodate an accessory dwelling unit and/or junior accessory dwelling unit, and that
such dwelling units do not adversely impact surrounding residents or the community. This
Division is intended to retain the maximum ability of the city to regulate accessory
dwelling units and to comply with the requirements of state law, btA only to the extent !he-
eity is required to do so. Notwithstanding ,
other prei4sion of this Division t
eantfafJ>
nothing in this Divisien shall be ,7 eto allow a dwelling
or junier unit except to the
J b o
(2) Definitions.
a. The terms "accessory dwelling unit', "public transit', "passageway" and "tandem
parking" all have the same meaning as that stated in Government Code section
65852.2 as that section may be amended time to time.
b. "Junior accessory dwelling unit' shall have same meaning as that stated in
Government Code section 65852.22(h)(1) as that section may be amended time to
time.
(3) Occupancy. Except as otherwise provided by law (e.g., Government Code section
65852.26), accessory dwelling units and junior accessory dwelling units may be rented
separate from the primary residence, but may not be sold or otherwise conveyed separate
from the primary residence.
Sec. 26-685.31 - Accessory dwelling units —Application for accessory dwelling unit permit.
(1) Accessory dwelling units are permitted only in residt.4qtial zo~eq areas zoned to allow
multifamily and single family residential, subject to the issuance of a building permit. Any
application for an accessory dwelling unit that meets the unit size standards and
development standards contained in Sections 26-685.32 or 26-685.33 of this division, or is
the type of accessory dwelling unit described in Subsection 26-685.34of this division, shall
be approved ministerially by the city by applying the standards herein and without a public
hearing.
(2) An application for an accessory dwelling unit permit shall be made by the owner of the
parcel on which the primary unit sits and shall be filed with the city on a city -approved
application form and subject to the established fee set by city council resolution as it may
be amended from time to time.
(3) Applications for accessory dwelling units shall conform to the requirements for, and shall
obtain, a building permit consistent with the requirements of Chapter 7 (Buildings and
Building Regulations) of the Municipal Code.
See. 26-685.32. -Accessory dwelling units —Unit size standards.
Except as otherwise provided in Section 26-685.34 of this division, below, all accessory dwelling
units shall not exceed the size standards listed below. No aeeessoi�y dwelling unit fflay contain
more than two (2) bedreonis.
(1) Attached accessory dwelling units: The maximum floor area of an attached accessory
dwelling unit shall be the higher of:
a. 850 square feet for an accessory dwelling unit with 0-1 bedrooms or 1,000 square
feet for an accessory dwelling unit with two (2) or more bedrooms; or
b. If there is an existing primary single-family dwelling, 50% of the square footage of
the existing primary single family dwelling; or
C. All properties developed with a residential use shall be allowed to construct at least
an 800-square foot accessory dwelling unit with four -foot side and rear setbacks; or
d. Existing habitable and/or nonhabitable areas may be converted into an attached
accessory dwelling unit without any size and/or setback limitations.
(2) Detached Units. A detached accessory dwelling unit shall not have more than one thousand
two hundred (1,200) square feet of living area.
(3) Setback requirements.
a. No setbacks are required for: either (i) those portions of accessory dwelling units
that are created by converting existing living area or existing accessory structures to
new accessory dwelling units or (ii) constructing new accessory dwelling units in
the same location and to the same dimensions as an existing structure.
b. For all other accessory dwelling units, there must be a minimum of four (4) feet of
setbacks from side and rear lot lines and comply with all applicable front yard
setbacks.
C. The minimum required distance between a detached accessory dwelling unit and the
primary dwelling unit, and all other structures, including garages, on the property,
shall be ten (10) feet.
Sec. 26-685.33. - Accessory dwelling units —Development standards.
Any permit for an accessory dwelling unit shall be subject to the development standards listed
below.
(1) Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the
city that contains a legal, single-family or multi -family residence as an existing or proposed
primary unit on a lot.
(2) Accessory dwelling units and junior accessory dwelling units are accessory to the primary
use.4wel it, Therefore, accessory dwelling units shall not have its own separate
utility meter and shall share utility connections with the primary use. sha44iobe e '.bue l
an address separate 4em the primary &,elling enit, unless the aeepsw 1 11'
accessefy to a fflultifitmilv residential use. For me! i family residential dwellings, the
project plans and applioation shall e4ear4y ideruif�, the unit the proposed aeeesseyy-dweIling
unit is aceessef)-to,
(3) Number of accessory dwelling units per lot.
For lots with proposed or existing single-family residences, no more than one ((1)
accessory dwelling unit and one (1) junior accessory dwelling unit may be on the
lot.
For lots with existing multi -family residential dwellings:
No more than twenty-five percent (25%) of the number of the existing units,
but at least one (1) unit, shall be permitted as accessory dwelling units
constructed within the non -livable space (e.g., storage rooms, boiler rooms,
hallways, attics, basements, or garages) of the existing multifamily dwelling
structure provided that applicable building codes are met; or
ii. No more than two (2) detached accessory dwelling units, provided that no such
unit shall be more than sixteen (16) feet in height, and each such unit complies
with front yard setbacks, and meets rear -yard and side yard setbacks of four
feet. The maximum square footage of detached accessory dwelling units on
lots with existing multi -family residential dwellings shall=a.=t=' =he
limits f h in subsection G (or E if,. pli able) „fth o,.t:,.., be limited to
one thousand two hundred (1 200)sguare feet of living area.
(4) Building Code Compliance. All new accessory dwelling units must comply with Chapter
7 of the Municipal Code ("Buildings and Building Regulations") and any other applicable
provisions of the California Building Standards Code. However, fire sprinklers shall not
be required if they are not required for the primary residence.
(5) Utilities.
All accessory dwelling units and junior accessory dwelling units must be connected
to public utilities (or their equivalent), including water, electric, and sewer services.
Accessory dwelling units and junior accessory dwelling units shall not have its own
separate utility meter and shall share utility connections with the primary use.
All accessory dwelling units and junior accessory dwelling units shall have adequate
water supply and sewer service.
C. No overhead utility lines are to be relocated or otherwise modified to permit
construction of an accessory dwelling unit or junior accessory dwelling unit. If
existing overhead utility lines are to be relocated or otherwise modified to permit
construction of an accessory unit, such lines shall be converted to underground
services.
d, 93Eeept as provided in siibseetion e belew3 the City may require the installation of a
new or upgraded utility connection for the a new accessory dwelling unit structure
• a �ll? .b .:.. .__ and/or the existing house to accommodate the
additional burden of the proposed accessory dwelling unit on the existing utility
infrastructure. The connection fee or capacity charge shall be proportionate to the
burden of the proposed accessory dwelling unit based on either its square feet or
number of drainage fixture unit values. New or upgraded utility connection shall not
be required for existing structures converted into accessory dwelling units.
0 between the aeeessery dwelling unit and the milit), shall be
required
(6) Parking.
a. The City shall require the owner to provide one (1) parking space unless the
accessory dwelling unit has no bedrooms (e.g., a studio), in which case no space is
required. The required parking space shall have a minimum dimension of ten (10)
feet in width and twenty (20) feet in depth. The required parking space may be
provided as:
i. Tandem parking on an existing driveway in a manner that does not encroach
onto a public sidewalk and otherwise complies with city parking
requirements; or
ii. Within a setback area or as tandem parking in locations determined feasible
by the City for such use. Locations will be determined infeasible based upon
specific site or regional topographical or fire and life safety conditions, or that
such parking is not permitted anywhere else in the City.
b. Notwithstanding the foregoing, no parking space shall be required for an accessory
dwelling unit if:
i. It is located within one-half mile walking distance of public transit;
ii. It is located within an architecturally and historically significant district;
iii. It is part of a proposed or existing primary residence or accessory structure;
iv. When on -street parking permits are required but not offered to the occupant
ofthe accessory dwelling unit; or
V. Where there is a car share vehicle located within one block of the accessory
dwelling unit.
C. When a garage, carport, or covered parking structure is demolished in conjunction
with the construction of an accessory dwelling unit or converted to an accessory
dwelling unit, the off-street parking spaces do not have to be replaced.
(7) Siting. Detached accessory dwelling units may not be located within the area between the
front property line and the line parallel to, and touching, the back of the primary
residence. War revyrsed eorner lots where a house is facing and leeated frenting on as
side propeft�,
an aecessofy dwelling unit shall nR* he located within the area between
t,e street _ property ' line and .. l: parallel t the most distant part of the he F« e 0m tho
street side property line
(8) Exterior Access. The entrance to an accessory dwelling unit shall be separate from the
entrance to the primary dwelling unit. and shall not be on thefront elevation.Tf topography
re.,#rie.t9 appess fi-om- all qido, and i-enr elevations- the accessory dwelling unit d---
on the F -t elevation provided it is not prominently visible f+em the right of .
Requirement.9 Wall and/of Fence
provided and maintained on the Year yard boundary of any lot eoinaifi��
dwelling unit.Said wall lid fenee hall e ply with this Cod inrelatiento height an
a
leeation as approved by the planning dl:,.ectpf.
I n Windows a deers along the 'aand/oflines. N vvindOws and/of
dnar-q qhall be located within 10 feet 4em the side and/of rear properblines.
(9) Recorded Covenants. Before obtaining a permit for an accessory dwelling unit, the
property owner shall file with the county recorder a declaration or agreement of restrictions
and an agreement to subordinate executed by a!! senior lienholders
extinguishment of the easement via foreclosure which has been approved by the city
attorney as to its form and content, describing restrictions that allows for and the continued
use of the accessory dwelling as follows:
a. the accessory dwelling unit shall not be sold separately from the primary residence;
b. the accessory second unit is restricted to the maximum size allowed per the
development standards set forth in this section;
C. stai4ing in January 1 7025h aeeessary dwelling :t shall be considered legal
only as long as e er the pfinnify residence or the aeeessery Elwelling unit is
oeeupied by the ewner of record ar state law is amended A- pr;Zhit such
a. .iv�'Z Rents and
d. the restrictions shall be binding upon any successor in ownership of the property,
and lack of compliance shall result in legal action against the property owner for
noncompliance with the requirements for an accessory dwelling unit. In the event
of violation, the property owner shall be responsible for all fees and penalties, as
well as the city's enforcement costs.
(10) Conversion of existing primary unit. An existing primary dwelling may be
converted to an accessory dwelling unit if it complies with all applicable requirements of
this ordinance. If so, a new, larger primary residence may be constructed.
(11) Design requirements for new units. All new accessory dwelling units must comply
with the following design requirements:
The exterior materials, colors, roof pitch and architecture shall match the primary
unit.
Accessory dwelling units shall not exceed 16 feet in height unless the accessory
dwelling unit is a conversion of an existing second floor area, a second -story
addition to an existing residence or is located on the second -floor of a new two-
story house.
.7 in the base zoning di of .,, iehever is less
i All second -story additions to an existing residence and/or new two-story
homes shall require the approval of an administrative use permit per Section 26-
270 of the West Covina Municipal Code.
ii Exterior staircases serving second -floor accessory dwelling units shall not
be located in between the property line and the existing building.
Lighting shall not spi44 be directed on to neighboring lots.
Any attached accessory dwelling unit shall be attached to the living area of the
primary dwelling unit by a common wall or floor/ceiling, and not simply by an
attached breezeway, porch, or patio.
(12) Passageway. No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
Sec. 26-685.34. - Accessory dwelling unit and junior accessory dwelling unit exceptions.
(1) Accessory dwelling units shall be approved for the following types of accessory dwelling
units, regardless of whether the applicant meets the development standards contained in
this Title. in i with a single family dwelling > than one
aeeessor�y, dwelling unit an site or more than one junior aeeessery dwelling-affit- �-. 41
no evefft may any parcel with a imilti family housing .jait ha�ve more lhan4wo-aeeessofy
dwelling units or an�' junior aeeessory dwelling units on site. Accessory dwelling units
and junior accessory dwelling units are accessory to the primary use.d
Therefore, accessory dwelling units and junior accessory dwellingunits nits shall not have its
own utilitv meter and shall share utility connections with the primary use.not be assigned
a. For Single Family Dwelling lots in residential zones, either
One accessory dwelling unit and one junior accessory dwelling unit per lot
may be constructed, w4hin an existing or proposed single family'rig.
stfeeture to dale ingress and egress. Each accessory dwelling unit
and junior accessory dwelling unit must have exterior access and side and rear
setbacks sufficient for fire safety and comply with all other setback
requirements. If the unit is a junior accessory dwelling unit, it must also
comply with the requirements of Section 26-685.36 below; or
One detached, new construction, accessory dwelling unit with setbacks of at
least four (4) feet from side and rear yards and in compliance with front yard
setbacks, no more than eight hundred (800) square feet floor area, and a height
not exceeding sixteen (16) feet on a lot with an existing or proposed single
family dwelling. N windevis and./or dRorg qliall be ' a v4tliin,n feet
from h id dl rear prope4y lines
On a lot with an existing multifamily residential use
i. Accessory dwelling units may be constructed in areas that are not used as
livable space within an existing multi -family dwelling structure (e.g., storage
rooms, boiler rooms, passageways, attics, basements, or garages), provided
the spaces meet state building standards for dwellings. The number of
interior accessory dwelling units permitted on the lot shall not exceed
twenty-five percent (25%) of the current number of units of the multi -family
complex on the lot and at least one such unit shall be allowed; and
ii. Up to two (2) detached accessory dwelling units may be constructed,
provided they are no taller than sixteen (16) feet, and they have at least four
(4) feet of side and rear yard setbacks. Detached accessory dwelling units
constructed pursuant to this subsection (b) shall not exceed eight = hundred
one thousand two hundred (1,200) square feet in floor area.
(2) Accessory dwelling units approved under this Section 26-685.34 shall not be rented for a
term of 30 days or less.
(3) Accessory dwelling units or junior accessory dwelling units approved under this Section
26-685.34 shall not be required to correct legal nonconforming zoning conditions as a pre-
condition to obtaining this authorization.
Sec. 26-685.35. - Accessory dwelling units —General plan consistency.
In adopting these standards, the city recognizes that the approval of dwelling units may, in some
instances, result in dwelling densities exceeding the maximum densities prescribed by the general
plan. The city finds that this occurrence is consistent with the general plan, as dictated under state
planning and zoning law applicable to accessory dwelling units.
Sec. 26-685.36. - Junior accessory dwelling units.
(1) Purposes: This section provides standards for the establishment of junior accessory
dwelling units. Junior accessory dwelling units will typically be smaller than an accessory
dwelling unit, will be constructed within the walls of an existing or proposed single family
residence and requires owner occupancy in the single-family residence where the unit is
located.
(2) Size: A junior accessory dwelling unit shall not exceed 500 square feet in size.
(3) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit
shall occupy as a primary residence either the primary dwelling or the junior accessory
dwelling. Owner -occupancy is not required if the owner is a governmental agency, land
trust, or "housing organization" as that term is defined in Government Code Section
65589.5(k)(2), as that section may be amended from time to time.
(4) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the
primary dwelling on the parcel.
(5) Short term rentals: The junior accessory dwelling unit shall not be rented for periods of 30
days or less.
(6) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be
entirely within a single-family residence,• an attached garage is considered a part of the
residence.