10/19/2021 - ITEM 7 - CONSIDERATION OF ZONE CHANGE NO. 20-04 AND ADOPTION OF ORDINANCE NO. 2473, CODE AMENDMENT RELATED TO RESIDENTIAL-AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1) STANDARDSAGENDA ITEM NO. 7
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: October 19, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF ZONE CHANGE NO.20-04 AND ADOPTION OF ORDINANCE
NO.2473, CODE AMENDMENT RELATED TO RESIDENTIAL -AGRICULTURE (R-A)
AND SINGLE-FAMILY RESIDENTIAL (R-1) STANDARDS
11=91 u7�I31IM"I 1� l61"L►
It is recommended that the City Council adopt 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 (ADUs), the California Legislature further
updated State law effective January 1, 2020 to clarify and update various provisions. 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 and other sections in the R-A/R-1 standards needed to
be addressed.
Initial Planning Commission Review
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.
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 (Attachment No. 3) recommending the
City Council adopt Code Amendment No. 20-04.
Initial City Council Review
On August 4, 2020, the City Council held a public hearing to consider the Code Amendment and voted 5-0 to
forward the item back to the Planning Commission for further revisions. During the meeting, the City Council
expressed their disapproval of the limitations placed for "nonhabitable bonus rooms."
Planning Commission Reconsideration
Since the Code Amendment was last discussed with the City Council, both the City Council and Planning
Commission have reorganized with new members, and the following R-A/R-1 standards have been
individually brought up during public hearings as items that should be revised in the future:
Garages should not be included in the maximum unit size calculation; the maximum unit size should be
limited to living area
Detached garages and storage sheds within the required rear yard (25 feet from the property line) should
not be limited to 15 feet in height and should be allowed higher
Basic side and rear setback requirements (side: 5-10 feet depending on the area; rear: 5-25 feet
depending on height) should not apply to detached garages and storage sheds.
On August 24, 2021, the Planning Commission held a public hearing and provided staff with direction on the
revised Code Amendment language related to the newly requested changes.
At the September 28, 2021 Planning Commission meeting, the Planning Commission voted 4-1 to approve
Resolution No. 21-6000 recommending the City Council adopt Code Amendment No. 20-04 (Attachment No.
2).
DISCUSSION:
The draft ordinance provides the following changes to the West Covina Municipal Code:
Section 26-296.1100(b) and (d) and Section 26401.5(c)- Maximum Unit Size Exception and Garages
Garages were removed from being included in the unit size calculation in order to be consistent with
industry standards.
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).
Section 26-391(2) - Accessory Buildings
"Recreation room" was added to the list of allowed non -habitable accessory buildings or structures.
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 26-405 - Side Yards
Cross-reference to Section 26-405.5 (Special requirements for yards and setbacks) was added and date
for nonconforming side yard setback was removed. All structures with legal nonconforming setbacks are
allowed to remain regardless of date the structure was built.
Section 26-405.5(a) - Nonhabitable free-standing roofed solid walled structures
Reduced the interior side and rear setbacks for nonhabitable free-standing roofed solid walled structures
(i.e garages and storage sheds) greater than 7 feet in height to 4 feet.
Section 26-406 - Rear Yards
Revised the format of the Section and added a cross-reference to Section 26-405.5 (Special requirements
for yards and setbacks).
Section 26-407 Permissible Coverage of Required Yards
Revised the format of this Section and added a provision that allows the height of garages and/or storage
sheds to be increased up to 20 feet through a Director's review and determination that the design of the
proposed garage or storage shed is compatible with other structures on the property and is at least 15 feet
away from any permitted structure and/or swimming pool located on a neighboring property. A cross-
reference to Section 26-405.5 (Special requirements for yards and setbacks) was also added.
LEGAL REVIEW:
The City Attorney's Office has reviewed the ordinance and approved it as to form.
The City Council has the following options:
1. Approve and adopt the proposed ordinances per the Planning Commission's recommendation; or
2. Provide alternative direction
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 would simply revise existing standards.
Prepared by: Jo -Anne Burns, Planning Manager
Attachments
Attachment No. 1 - Ordinance No. 2473
Attachment No. 2 - Planning Commission Approved Resolution
Attachment No. 3 - PC Resolution No. 20-6042
CITY Enhance the City Image and Effectiveness
COUNCIL
GOALS &
OBJECTIVES:
ATTACHMENT NO.1
ORDINANCE NO. 2473
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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) STANDARDS
WHEREAS, the City's R A and R-1 standards were last updated on February 18, 2020
through the adoption of Ordinance No. 2469; and
WHEREAS, on February 25, 2020, the Planning Connnission conducted a study session and
initiated a code amendment related to Residential -Agriculture (R-A) and Single -Family Residential
(R- 1) standards; and
WHEREAS, on April 28, 2020 and June 24, 2020,the Planning Comrnission conducted duly
noticed public hearings as prescribed by law regarding proposed Code Amendment No. 20-04. At the
conclusion of the public hearing on June 24, 2020, the Planning Com fission 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 Code Amendment No. 20-04 and forwarded Code Amendment No.
20-04 back to the Planning Commission for further revisions; and
WHEREAS, on August 24, 2021 and September 28, 2021, the Planning Corrnnission
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. 20-6100, recommending that the City Council approve Code
Amendment No. 20-04; and
WHEREAS, on October 19, 2021, the City Council conducted ad* noticed public hearing
as prescribed by law regarding this ordinance approving Code Amendment No. 20-04; 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.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Subsection (b) of Section 26-296.1100 of the West Covina Municipal Code
is hereby amended to read as follows:
(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 primary residence. main buildiag; and or
seption
SECTION 2. Subsection (d) of Section 26-296.1100 of the West Covina Municipal Code
is hereby deleted in its entirety.
SECTION 3. 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 X1I, division
et seq.)-
b. Non -habitable accessory buildings or structures, including,
to the following:
1. Garages;
2. Carports;
3. Workshops;
4. Storage rooms or sheds;
5. Detached patio covers;
6. Pool bathroom or detached bathroom;
7. Recreation room
11 (26-685.30
but not limited
All non -habitable accessory buildings of more than one hundred twenty (120) square feet
shall file a covenant defining the use of the accessory budding and stating that the building
shall not be converted to any other use without city approval including an accessory
dwelling writ.
SECTION 4. Subsection (c) of Section 26-401.5 of the West Covina Municipal Code is
hereby amended to read as follows:
(c) The above maximum unit sizes may be increased by up to twenty-five (25) percent
subject to the approval of an administrative use permit pursuant to the procedures
2
outlined in section 26-296.1200. ^..,.shed aeeosseFy stpae4_e ..,,.Win biA net
he insh.aed in fhe twefity a, a (25) per-eepA FigLwe
SECTION 5. 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 praN4sioas of " se,.,..i shag apply to new single
SECTION 6. 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 that do not hilly 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 7. Subsection (e) of Section 26-402 of the West Covina Municipal Code is
hereby amended to read as follows:
(e) Garages and carports shall have a minimum interior clear width and depth of twenty
(20) feet between columns or walls. Three -car garages shall have aminimum 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 (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}LeLof this section, the provisions
3
regulating the number of required off-street parking spaces in subsection (a) and
any front, side and rear yards as regulated by this article.
SECTION 8. 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 9. 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 carport, the 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 10. Section 26-405 of the West Covina Municipal Code is hereby amended to
read as follows:
In the R-A and R-1 canes every lot shall have side yards as follows, except as set forth in Section
26-405.5 (Special requirements for yards and setbacks):
(a) Interior and comer lots:
(1) Five (5) feet in Area Districts I, IA, 11 and HA.
(2) Seven (7) feet in Area District 1H.
(3) Ten (10) feet in Area Districts IV and V.
(4) On any comer lot, no residence facing the side street shall be located within
twelve and one-half (12Yz) feet of the side street property line.
(b) Reversed corner lots: Shall have the same side yard requirements as interior lots except
the street side setback for the entire depth of the lot shall be no less than fifty (50)
percent of the required front yard of the lot to the rear.
e >
4
SECTION 11. Subsection (a) of Section 26-405.5 of the West Covina Municipal Code is
hereby amended to read as follows:
(a) All nonhabitable free-standing roofed solid -walled structures with a projected roof area
of less than mw l~ma«,.,, Pye_�� (120` 120 square feet or nonroofed structures with a
total floor area of less than one hundred (120` 120 square feet, and undy no
taller than seven (7) feet in height in yards which are screened by fencing or shrubs at
least five (5) feet tall may encroach into the required interior side yard behind the main
building as aese e4 M-wetion 26 405 and the FeaF f..e (5) met r the required rear
yard. All nonhabitable free-standing roofed solid -walled structures greater than 120
square feet and greater than seven (7) feet in height shall be set back 4'-0" from the
interior side and rear property lines provided that provisions within Sections 26-406 and
26-407 are complied with
SECTION 12. Section 26-406 of the West Covina Municipal Code is hereby amended to
read as follows:
L'.,e..., lot in the D A apd, D 1 MRAR shell l,n. ,. «ed « ..« 4 t.. e.d.. R..e (25) feet-7
@xeopt thm i., A..ea rlist.i..t rA th@ . e«a sl..,ll l.e not lens than fi#@@a /154 met
In the R-A and R-1 zones every lot shall have rear vards as follows. extent as set forth in Section
26-405.5 (Special requirements for yards and setbacks
(a) 25 feet in Area Districts I, H, III, IV, and V
(b) 15 feet in Area District IA
SECTION 13. Section 26-407 of the West Covina Municipal Code is hereby amended to
read 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 Meen (15) feet.
(a) Garages and/or storage sheds may exceed the 15 feet height limitation by no greater than
five (5) feet, subject to an administrative review set forth in Chapter 26, Article VI,
Division 11 (Administrative Review by Planning Director) provided that the Director
determines that the design of the proposed garage or storage shed is compatible with
other structures on the property and is at least 15 feet away from any Permittedstructure
and/or swimming pool located on a neighboring property.
b) No construction shall be permitted within five (5) feet of the rear property line, except
as set forth in Section 26-405.5 (Special requirements for yards and setbacks).
SECTION 14. The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
SECTION 15. 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 this day of , 2021.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Letty-Lopez Viado
Mayor
IUM-owl
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Ordinance No. 2473 was introduced at a regular meeting of the
City Council held on the 19th day of October, 2021, and adopted at a regular meeting of the City
Council held on the _ day of 2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
0
ATTACHMENT NO. 2
I M-1►ID I►[ei
RESOLUTION NO. 21-6100
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) 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 and forwarded Code Amendment No. 20-04 back to
the Planning Commission for further revisions; and
;and
WHEREAS, on August 24, 2021 and September 28, 2021, 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. 20-6100, recommending that the City Council approve Code
Amendment No. 20-04; and
WHEREAS, studies and investigations made by this Commission and on its behalf reveal
the following facts:
1. It is necessary to amend the municipal code to address issues that was brought forth by the
State's Accessory Dwelling Unit Mandate.
2. 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
Planning Commission Resolution No. 21-6100
Code Amendment No. 20-04
September 28, 2021 - Page 2
proposed action consists of a code amendment, which does not have the potential for
causing a significant effect on the environment. The code amendment would not result in
physical change in the environment. The proposal does not involve any construction or
additions to any existing structures.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West
Covina as follows:
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. 21-01 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.
2
Planning Commission Resolution No. 21-6100
Code Amendment No. 20-04
September 28, 2021 - Page 3
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 28" day of September,
2021, by the following vote.
AYES: Gutierrez, Lewis, Becerra, Williams
NOES: Heng
ABSTAIN: None
ABSENT: None
DATE: September 28, 2021
25 4Z2�
Livier Becerra, Chairperson
3
Planning Commission Resolution No. 21-6100
Code Amendment No. 20-04
September 28, 2021 - Page 4
EXHIBIT A
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
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 and forwarded Code Amendment No. 20-04 back to
the Planning Commission for further revisions; and
; and
WHEREAS, on August 24, 2021 and September 28, 2021, 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. 20-6100, recommending that the City Council approve Code
Amendment No. 20-04; and
WHEREAS, on , the City Council conducted a duly noticed public hearing as
prescribed by law regarding this ordinance approving Code Amendment No. 20-04; 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
Planning Commission Resolution No. 21-6100
Code Amendment No. 20-04
September 28, 2021 - Page 5
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: Subsection (b) of Section 26-296.1100 of the West Covina
Municipal Code is hereby amended to read as follows:
(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 primary residence, omitt-buildi*%
md{er-a0aelied iteeessery uses (ineluding,but net 4n4ted-4aan awry
habitable-quaftef/guest house, of-garage),andior-detaelted garages; asset -fort i-in
subseetien (4of4his-seetien.
SECTION NO. 2: Subsection (d) of Section 26-296.1100 of the West Covina
Municipal Code is hereby deleted:
(d) l taehed-garageslegally eanstfuetedpFieeia8eteber-24—,2944,-shal4�be-exert
frein +nelasierr in the gresssc}ear�€ootage caleWati f�Expaasien-of sueli,garages
after- 9etebes24—, 2004, howevershall-eaase#l3is exeirtptien-tabelest,
SECTION NO.3: 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 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.
7. Recreation room
Planning Commission Resolution No. 21-6100
Code Amendment No. 20-04
September 28, 2021 - Page 6
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.
SECTION NO.4: Subsection (c) of Section 26-401.5 of the West Covina
Municipal Code is hereby amended to read as follows:
(c) The above maximum unit sizes may be increased by up to twenty-five (25)
percent subject to the approval of an administrative use permit pursuant to the
procedures outlined in section 26-296.1200.�-
including, but not 1 mimed to, ace ssery habitable-uarters aseessen, dwelling
units; andgarages, shall-be4neluded4n the-twe^•�; (25 -percent-€gute.
SECTION NO.5: 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 -previsions -of this sestien shell-apply-te neiv-sin&-
€amily Awelling eens4tietien after janaary 1, 1993.
SECTION NO.6: 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 emistenee prier te4iebruary2-1, 2OI4 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.7: 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
I3
Planning Commission Resolution No. 21-6100
Code Amendment No. 20-04
September 28, 2021 - Page 7
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 (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 parking spaces in subsection (aa) and
any front, side and rear yards as regulated by this article.
SECTION NO.8: 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, er-carport, or required narking 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.9: 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 carport, the 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. 10: Section 26-405 of the West Covina Municipal Code is
hereby amended to read as follows:
In the R-A and R-1 zones every lot shall have side yards as follows. except as set forth in Section
26-405.5 (Special requirements for yards and setbacks):
Planning Commission Resolution No. 21-6100
Code Amendment No. 20-04
September 28, 2021 - Page 8
(a) Interior and corner lots:
(1) Five (5) feet in Area Districts I, IA, II and IIA.
(2) Seven (7) feet in Area District III.
(3) Ten (10) feet in Area Districts IV and V.
(4) On any corner lot, no residence facing the side street shall be located within
twelve and one-half (12'/z) feet of the side street property line.
(b) Reversed corner lots: Shall have the same side yard requirements as interior lots
except the street side setback for the entire depth of the lot shall be no less than fifty
(50) percent of the required front yard of the lot to the rear.
(0)neenfaffning-side yar&: �x-V wre—a ioneenfefminl-sidc7azd existed fiei-te
Ta;n;ary 1;1970the-€kst4leer-of-asingle fax:ily-str-uetur--rnay-be-ex4en4ed-ef
enlarged-a(ljaeerrt t refete but shall senfefrrr to the side y d-fequiremer3ts stated -in
subseetien{a)-ab&w-The provisions-44his-seetien de net-apply4e�anent
ti,aek tier 2G 405 a
St-St9r'y�pivd-in-scos:vz�ao--rv�:T:
SECTION NO.11: Subsection (a) of Section 26-405.5 of the West Covina
Municipal Code is hereby amended to read as follows:
(a) All nonhabitable free-standing roofed solid -walled structures with a projected roof
area of less than ene4mndred4wen 120 square feet or nonroofed structures
with a total floor area of less than one hundred twefty{120 !square feet, and under
no taller than seven (7) feet in height in yards which are screened by fencing or shrubs
at least five (5) feet tall may encroach into the required interior side yard behind the
main buildings desefibed-in-seetien 26-405, and the reef-€rve0)-feet-e€the required
rear yard. All nonhabitable free-standing roofed solid -walled structures greater than
120 square feet and greater than seven (7) feet in height shall beset back four (4) feet
from the interior side and rear property lines provided that provisions within Sections
26-406 and 26-407 are complied with.
SECTION NO.12: Section 26-406 of the West Covina Municipal Code is
hereby amended to read as follows:
Iivve�} let in the Ib t4 and R l �enes�lrall-lrave a regttifed reef yard of fityfiye{2�4eet,
exeept thet-in Area-Distfiet !A the jwd-shall-be-net-less-tlran- fifteen +15)-€eel:
In the R-A and R-1 zones every lot shall have rear yards as follows, except as set forth in Section
26-405.5 (sec➢a1 requirements for yards and setbacksl_
(a) 25 feet in Area Districts I II IIi, Wand V
(b) 15 feet in Area District IA
Planning Commission Resolution No. 21-6100
Code Amendment No. 20-04
September 28, 2021 - Page 9
SECTION NO.13: Section 26-407 of the West Covina Municipal Code is
hereby amended to read 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.
a Garages and/or storage sheds may exceed the 15 feet height limitation by no greater than
five (5) feet, subiect to an administrative review set forth in Chapter 26, Article VI,
Division 11 (Administrative Review by Planning Director provided that the Director
determines that the design of the proposed garage or storage shed is compatible with
other structures on the property and is at least 15 feet away from any permitted structure
and/or swimming pool located on a neighboring properM
No construction shall be permitted within five (5) feet of the rear property line, exce t
as set forth in Section 26-405.5 (Special requirements for yards and setbacks).
SECTION NO.14: 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. 15: 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 this day of , 2020.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Letty-Lopez
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
Planning Commission Resolution No. 21-6100
Code Amendment No. 20-04
September 28, 2021 - Page 10
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. 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
10
ATTACHMENT NO. 3
PLANNING COMMISSION
RESOLUTION N0.20-6042
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
U t. uV 1►I
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:
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 24n' day of June 2020,
by the following vote.
AYES: Holtz, Jaquez, Heng, Redholtz, Kennedy
NOES: None
ABSTAIN: None
ABSENT: None
DATE: June 24, 2020
--- eena Heng, Chatrp rson
Planning Commission
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:
3
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 egWpment 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.
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.
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 "a seetien shall apply to new single family dwL41iag eenstnwfien eAer-
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 Febnmf . 21 204 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 rninimurn 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)- eZof 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.
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) atk measuring twelve (12) feet above the finished floor of the first story. auy
structure 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
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
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Tony Wu
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, Assistant City Cleric, 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