11/02/2021 - AGENDA ITEM 4 - CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2473 - CODE AMENDMENT NO. 20-04AGENDA ITEM NO. 4
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: November 2, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO.
2473 - CODE AMENDMENT NO.20-04, CODE AMENDMENT RELATED TO
RESIDENTIAL -AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1)
STANDARD
RECOMMENDATION:
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
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 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. 21-6100 recommending the City Council adopt Code Amendment No. 20-04.
City Council Review
Based upon the actions and recommendations of the Planning Commission, the City Council held a public
hearing and introduced Ordinance No. 2473 at the October 19, 2021 City Council meeting.
DISCUSSION:
Ordinance No. 2473 is a code amendment to amend Residential -Agriculture (R-A) and Single -Family
Residential (R-1) zone development standards pertaining to non -habitable accessory structures (including
storage sheds, garages, and recreation rooms) and maximum driveway width.
The Ordinance will take effect on the 31 st day after adoption, which is on or about December 3, 2021.
LEGAL REVIEW:
The City Attorney's Office has reviewed the ordinance and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Conduct the second reading and adopt Ordinance No. 2473; 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. I - Ordinance No. 2473
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. 21-6100, 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 W to twenty-five (25)
percent of the gross square footage of the primary residence.
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 XII, 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 building and stating that the building
shall not be converted to any other use without city approval including an accessory
dwelling unit.
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
outlined in section 26-296.1200. ^ttas.oa aeoessefy sWae4_e ..,,.rain biA net
be iffish..le.7 is Ohe t;yeaty five (25) pefeePA lig ffe
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 pfeN44oas of " seetio , Aall apply to new single
s..,.:r., a.. en:.,,. A&F T,... , i 1993
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 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 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 (s)-Lehof 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.
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
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. 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 zones 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 IIA.
(2) Seven (7) feet in Area District 111.
(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) NeReenfemaing side 5w4s� 1.44;yrs a 4;RneRmfomiaing side yard eidsted prior !a JanuaT-y
i 1970the s..... y stFaet....e way be extended ,. ,.nlaFged adjoeei t
4110 Provision—,; of th—ig estion .10 not apply to the development st.....7...-M F ..4,.7
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 ^.,e IAl-Rd.ed- (120` 120 square feet or nonroofed structures with a
total floor area of less than one 1,,,pdre,l t.,.e..�. (120) 120 square feet, and und 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 aesenbW m-wetion 26 405 and 4he _ear fB.e (5) & 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 Q,e U A .,.,A D 1 —MRAS Shall 14.., a a req4ed reai2 54ffl of t.. ePAy five (25) f et
f
ept thm in A,.en rlis#iet TA tl,e . ar-d sl,.,ll by „et lens tlktH fi&@. (15) met
In the R-A and R-1 zones every lot shall have rear vards as follows. except as set forth in Section
26-405.5 (Special requirements for yards and setbacks
(a) 25 feet in Area Districts 1,11, 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 fifteen (15) feet.
(a) Garages and/or storage sheds may exceed the 15 feet height limitation bvno 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 Perm ittedstructure
and/or swimming pool located on a neighboring property.
(fib 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 2nd day of November, 2021.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Letty-Lopez Viado
Mayor
ATTEST
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 2nd day of November, 2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk