12/07/2021 - AGENDA ITEM 9 - CONSIDERATION OF AN URGENCY ORDINANCE ADOPTING CHANGES TO CHAPTER 20 (SUBDIVISION REGULATIONS) AND CHAPTER 26 (ZONING) RELATING TO THE IMPLEMENTATION OF SENATE BILL 9AGENDA ITEM NO. 9
WEST" ON
DATE: December 7, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE ADOPTING CHANGES TO
CHAPTER 20 (SUBDIVISION REGULATIONS) AND CHAPTER 26
(ZONING) RELATING TO THE IMPLEMENTATION OF SENATE BILL 9
RECOMMENDATION:
It is recommended that the City Council, introduce, by title only, further reading waived, and adopt, by four -
fifths (4/5) vote, the following urgency ordinance:
URGENCY ORDINANCE NO.2493 - AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING CHANGES TO CHAPTER 20
(SUBDIVISION REGULATIONS) AND CHAPTER 26 (ZONING) OF THE WEST COVINA
MUNICIPAL CODE RELATING TO THE IMPLEMENTATION OF SENATE BILL 9 FOR
THE CREATION OF URBAN LOT SPLITS AND TWO (2) RESIDENTIAL UNITS PER LOT
BACKGROUND:
Housing is an issue of statewide concern and regulation.
As required by the California State Department of Housing and Community Development (HCD) every
jurisdiction in California must adopt a General Plan, including a Housing Element. As part of the West Covina
General Plan, the Housing Element ensures that the City establishes policies, procedures and incentives in its
land use planning and redevelopment activities that result in the maintenance and expansion of the housing
supply to adequately accommodate households currently living and expected to live in West Covina. While
jurisdictions must review and revise elements of their General Plan regularly, State law is much more specific
to the Housing Element, requiring an update at least every eight years. The Housing Element institutes
policies that will guide City decision -making and establishes an action program to implement housing goals.
West Covina's current adopted Housing Element is for the 2014-2021 planning period. The City is in the
process of working on updating the Housing Element for the 2021-2029 (6th Cycle) planning period. One of
the most important aspects of the Housing Element is the requirement to plan for growth for the number and
type of housing units required by the Regional Housing Needs Assessment (RHNA). The State determines the
number of housing units needed in the State, then divides that total number among regions. The Southern
California region is addressed through the Southern California Association of Governments (SCAG). The
number of units assigned to West Covina for the 2021-2029 period is 5,334 total housing units across all
income categories (very low income = 1,649, low income = 848, moderate income = 863 and above moderate
income = 1,974). The City's draft Housing Element was submitted to the California Department of Housing
and Community Development (HCD) for review on November 16, 2021.
State law has changed.
On September 16, 2021, Governor Gavin Newsom signed bipartisan legislation intended to expand housing
production in California, streamline the process for cities to zone for multifamily housing, and increase
residential density, all in an effort to help ease California's housing shortage. The suite of housing bills
includes California Senate Bills ("SB") 8 (Skinner), SB 9 (Atkins), and SB 10 (Weiner). Each of the bills will
take effect on January 1, 2022. Some have characterized the bills as "the end of single family zoning." In
practice the results may be more nuanced, but the net effect will be to allow significantly more development of
housing units "by right"
Senate Bill 8 (SB 8) extends the Housing Crisis Act of 2019 until 2030. The Housing Crisis Act of 2019 aims
to boost home building by expediting the approval process for housing development removing some
discretionary land use controls.
Senate Bill 9 (SB 9, Chapter 162) relates to the creation of two residential units per lot and requires local
agencies to ministerially approve housing development containing no more than two residential units per lot
and ministerially approve an urban lot split. SB 9 will allow property owners to split a single-family lot into
two lots, add a second home to their lot or place duplexes on each lot. This is a shift from current policies that
allow only two large units; a stand-alone home and an accessory dwelling unit on single-family lots.
Senate Bill 10 (SB 10) creates a voluntary process for local governments to access a streamlined zoning
process for multi -unit housing (up to 10 units per parcel) near transit or urban infill areas. It also allows cities
to bypass lengthy review requirements under the California Environmental Quality Act, in efforts to reduce
costs and time it takes for projects to be approved.
The new housing legislation takes effect January 1, 2022. Cities that do not adopt an ordinance in compliance
with State Law are mandated to allow urban lot splits/subdivisions and two unit development pursuant only to
the State law standards described in the Government Code.
DISCUSSION:
SB 9 mandates cities to allow the following development on Single -Family Residential (R-1) zoned lots:
• Subdivision of R-1 lots to create two separate lots; the subdivision may be as small as 1,200 square feet
per lot with each lot being approximately equal in size and each parcel not being smaller than 40-percent
of the area of the original lot (Urban Lot Split).
• Cities must allow the development of at least an 800-square foot unit on each lot with 4-foot minimum
side and rear setbacks (no setback is required if the structure is existing and being converted into a unit).
• Cities must allow the construction of at least two units per R-1 lot (including accessory dwelling units
and junior accessory dwelling units).
• Cities must require applicants for an urban lot split to sign an affidavit requiring the applicant to reside
on the site within one of the units for at least three years following the approval of the Urban Lot Split.
• Cities may adopt objective design standards.
The intent of the proposed Urgency Ordinance is to retain as much local control as possible when approving
urban lot splits/subdivisions and/or two -unit development within the R-1 zone through the creation of
objective development and design standards. The following objective design standards are included in the
Urgency Ordinance:
• Maximum/Minimum Unit Size - 500 square feet minimum unit size; 800 square feet maximum unit
size.
• Height - Urban dwelling units may not be more than one-story and shall not exceed 16 feet in height;
may be exempt from one-story height limitation and may be constructed up to 25 feet in height if an 800
square -foot unit cannot be physically built on the lot without the height exemption.
• Front Yard Landscaping - At least 50-percent of the front yard area is required to be maintained with
landscaping (live organic plant materials) and one 24" box sized tree is required to be planted on the
front yard.
• Front Yard Paving - The maximum pavement/driveway width is the width of the garage or 12 feet if
there is no garage.
• Front Elevation Design - The primary entrance with a roofed porch (minimum 6 feet deep by 6 feet
wide) are required to be located along the front elevation.
• Building Material and Color - All structures are required to utilize at least two building wall materials
(e.g. stucco, brick, wood, stone) and painted at least two colors throughout all exterior elevations.
• Roof Design - Roof design is limited to gable, dutch -gable, or hipped. Flat -roofs and/or shed roofs are
not allowed.
• Windows and Balconies - Window treatment is required on all windows. Balconies and second floor
side windows are prohibited (this is designed to address any potential privacy concerns).
• Street Parking Permits - Residents of urban dwelling units are not eligible for any type of street
parking permit.
• Street Frontage - All lots are required to have a minimum 12 feet of street frontage for vehicular access.
12 feet is the minimum driveway width in the R-1 zone.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed ordinance and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve and Adopt Urgency Ordinance No. 2493; or
2. Provide alternative direction
ENVIRONMENTAL REVIEW:
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA). The provisions
relating to the implementation of SB 9 are not a project pursuant to the terms of SB 9. The addition of a
Second Unit Review Process is also exempt from CEQA under the common sense exception to CEQA
Guidelines 15061(b)(3) as it can be seen with certainty that adding a processing procedure will not have any
environmental impact.
Prepared by: Jo -Anne Burns, Planning Manager
Attachments
Attachment No. 1 - Urgency Ordinance No. 2493
CITY Enhance City Image and Effectiveness
COUNCIL
GOALS &
OBJECTIVES:
ATTACHMENT NO. 1
URGENCY ORDINANCE NO.2493
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING
CHANGES TO CHAPTER 20 (SUBDIVISION
REGULATIONS) AND CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATING TO THE
IMPLEMENTATION OF SENATE BILL 9 FOR THE
CREATION OF URBAN LOT SPLITS AND TWO (2)
RESIDENTIAL UNITS PER LOT
WHEREAS, on September 16, 2021, Governor Gavin Newsom approved Senate Bill 9
(SB 9, Chapter 162) relating to the creation of two residential units per lot which requires local
agencies to ministerially approve housing development containing no more than two residential
units per lot and ministerially approve an urban lot split; and
WHEREAS, SB 9 takes effect on January 1, 2022; and
WHEREAS, SB 9 allows local agencies to impose objective zoning, subdivision, and
design review standards; and
WHEREAS, given that SB 9 was not signed until mid -September, there was insufficient
time to process this Ordinance through noticed hearings before the Planning Commission and City
Council and have the Ordinance in place by January 1, 2022; and
WHEREAS, the public is already beginning to express interest in developing under this
new law and it is necessary to have standards in place by the time SB 9 becomes effective.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Chapter 20. Article XI (Parcel Maps for Urban Lot Splits)
is hereby added to Chapter 20 (Subdivision Regulations) of the West Covina Municipal Code to
read as follows:
Article XI. - Parcel Maps for Urban Lot Splits
Sec. 20-120. - Definitions.
For purposes of this article, the following definition shall apply:
"Urban lot split" means a lot split of a single-family residential lot into two parcels that
meets the requirements of this article.
Sec. 20-121. - Ministerial approval.
The city shall ministerially approve a parcel map for a lot split that meets the following
requirements:
1. The parcel is located within a single-family residential (R-1) zone.
2. The parcel map divides an existing parcel to create no more than two new parcels
of approximately equal lot area, provided that one parcel shall not be smaller than
40 percent of the lot area of the original parcel.
3. Both newly created parcels are no smaller than 1,200 square feet.
4. The parcel is not located in any of the following areas and does not fall within any
of the following categories:
a. A historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or
within a site that is designated or listed as a city landmark or historic
property or district pursuant to a city ordinance.
b. A very high fire hazard severity zone as further defined in Government
Code section 65913.4(a)(6)(D). This does not apply to sites excluded from
the specified hazard zones by a local agency, pursuant to subdivision (b) of
Section 51179, or sites that have adopted fire hazard mitigation measures
pursuant to existing building standards or state fire mitigation measures
applicable to the development.
C. A delineated earthquake fault zone as determined by the State Geologist in
any official maps published by the State Geologist, unless the development
complies with applicable seismic protection building code standards
adopted by the California Building Standards Commission under the
California Building Standards Law and by the city's building division.
5. The proposed lot split would not require demolition or alteration of any of the
following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income;
b. Housing that is subject to any form of rent or price control by the city;
C. A parcel or parcels on which an owner of residential real property exercised
rights under Government Code section 7060 et seq. to withdraw
accommodations from rent or lease within 15 years before the date of the
application; or
d. Housing that has been occupied by a tenant in the last three years.
6. The lot split does not create more than two units on a parcel, including any
accessory dwelling units or junior accessory dwelling units.
Sec. 20-122. Standards and requirements.
The following requirements shall apply:
1. The lot split conforms to all applicable objective requirements of the Subdivision
Map Act and Chapter 20 of the West Covina Municipal Code, except as the same
are modified by this section.
2. Setbacks:
a. Existing Structures - No setback shall be required for an existing structure,
or a structure constructed in the same location and to the same dimensions
as an existing structure.
b. Side and Rear Setback for New Structures and Additions - The minimum
setback from the side and rear property line is 4 feet. The proposed
residential unit(s) occupying an urban lot subdivision may be constructed
directly along the side property line adjoining and attached to the unit within
the same urban lot split subdivision, if the construction of an 800 square -foot
unit would not be physically possible without the setback reduction.
C. Front Setback for New Structures and Additions — The minimum setback
from the front property line is 25 feet.
i. The front setback may be reduced if the construction of an 800 square -
foot unit would not be physically possible without the front setback
reduction after the implementation of 2.b. of this Section is incorporated
with the project design.
3. The applicant shall provide easements for the provision of public services and
facilities as required.
4. All lots shall have a minimum street frontage of 12 feet to provide for vehicular
access.
5. Only structures that comply with the requirements of urban dwellings, as set forth
in Article XII (Special Regulations for Unique Uses), Division 30 (Urban Dwelling
Units), shall be allowed on lots created by this process.
Sec. 20-123. - Limitations.
The city shall not require or deny an application based on any of the following:
1. The city shall not require dedications of rights -of -way or the construction of offsite
improvements for the parcels being created as a condition of issuing a parcel map.
2. The city shall not impose any objective subdivision standards that would have the
effect of physically precluding the construction of two units on either of the resulting
parcels or that would result in a unit size of less than 800 square feet.
3. The city shall not require the correction of nonconforming zoning provisions as a
condition for the lot split.
4. The city shall not deny an application solely because it proposes adjacent or
connected structure provided that that all building code safety standards are met and
they are sufficient to allow a separate conveyance.
Sec. 20-124. - Affidavit.
An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the
city attorney to be recorded against the property stating the following:
1. That the applicant intends to occupy one of the housing units as their principal
residence for a minimum of three years from the date of approval. This requirement
does not apply when the applicant is a "community land trust' or a "qualified
nonprofit corporation" as the same are defined in the Revenue and Taxation Code.
2. That the uses shall be limited to residential uses.
3. That any rental of any unit created by the lot split shall be for a minimum of thirty-
one days.
4. That the site is not eligible for any street parking permits.
5. That the maximum number of units to be allowed on the parcels is two, including
but not limited to units otherwise allowed pursuant to density bonus provisions,
accessory dwelling units, junior accessory dwelling units, or units allowed pursuant
to Article XII (Special Regulations for Unique Uses), Division 30 (Urban Dwelling
Units) of this Code.
Sec. 20-125. - Building official denial.
The city may deny the lot split if the building official makes a written finding, based upon a
preponderance of the evidence, that the proposed housing development project would have a
specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2),
upon the public health and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
Sec. 20-126. - Inapplicability of article.
This article shall not apply to:
1. Any parcel which has been established pursuant to a lot split in accordance with this
article; or
2. Any parcel where the owner of the parcel being subdivided or any person acting in
concert with the owner has previously subdivided an adjacent parcel in accordance
with this article. For purposes of this section, "acting in concert" shall include, but
not be limited to, where the owner of a property proposed for an urban lot split is the
same, related to, or connected by partnership to the owner, buyer or seller (if
transferred within the previous three years) of an adjacent lot.
SECTION 2. Amendment to Article XII of Chapter 26. Division 30 (Urban Dwelling
Units) is hereby added to Article XII (Special Regulations for Unique Uses) of Chapter 26 (Zoning)
of the West Covina Municipal Code to read as follows:
Division 30. - Urban Dwelling Units
Sec. 26-685.13000. - Definitions. For purposes of this division, the following definition shall
apply:
"Urban dwelling units" shall mean no more than two residential units within a single-
family zone that meets the requirements of this division. The two units may consist of two new
units or one new unit and one existing unit.
Sec. 26-685.13100. - Applicability. The city shall ministerially review a housing development
containing no more than two residential units through the second -unit review process pursuant to
Section 26-300.02, if it meets the following requirements:
1. The parcel is located within a single-family residential zone.
2. The parcel is not located in any of the following areas and does not fall within any
of the following categories:
a. A historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or
within a site that is designated or listed as a city landmark or historic
property or district pursuant to a city ordinance.
b. A very high fire hazard severity zone as further defined in Government
Code section 65913.4(a)(6)(D). This does not apply to sites excluded from
the specified hazard zones by a local agency, pursuant to subdivision (b) of
Section 51179, or sites that have adopted fire hazard mitigation measures
pursuant to existing building standards or state fire mitigation measures
applicable to the development.
C. A delineated earthquake fault zone as determined by the State Geologist in
any official maps published by the State Geologist, unless the development
complies with applicable seismic protection building code standards
adopted by the California Building Standards Commission under the
California Building Standards Law and by the city's building department.
3. The proposed housing development would not require demolition or alteration of
any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income;
b. Housing that is subject to any form of rent or price control by the city;
C. A parcel or parcels on which an owner of residential real property exercised
rights under Government Code section 7060 et seq. to withdraw
accommodations from rent or lease within 15 years before the date of the
application; or
d. Housing that has been occupied by a tenant in the last three years.
4. Demolition of an existing unit that has not been occupied by a tenant in the last three
years shall not exceed more than 25 percent of the existing exterior structural walls.
Sec. 26-685.13200. - Standards and requirements.
The following requirements shall apply:
1. Number of Units: A proposed urban dwelling shall contain no more than two units
per lot. Accessory dwelling units (ADUs) and junior accessory dwelling units
(JADUs) will be counted toward the maximum number of units.
2. Setbacks:
a. Existing Structures - No setback shall be required for an existing structure,
or a structure constructed in the same location and to the same dimensions
as an existing structure.
b. Side and Rear Setback for New Structures and Additions - The minimum
setback from the side and rear property line is 4 feet. The proposed
residential unit(s) occupying an urban lot subdivision may be constructed
directly along the side property line adjoining and attached to the unit within
the same urban lot split subdivision, if the construction of an 800 square -foot
unit would not be physically possible without the setback reduction.
C. Front Setback for New Structures and Additions - The minimum setback
from the front property line is 25 feet. The front setback may be reduced to
10 feet if the construction of an 800 square -foot unit would not be physically
possible without the front setback reduction after the implementation of 2.b.
of this section is incorporated with the project design.
3. Maximum size: The maximum size of an urban dwelling unit shall not exceed 800
square feet.
4. Minimum size: The minimum size of an urban dwelling unit shall be 500 square
feet.
5. Maximum Height: An urban dwelling unit, or additions to an existing structure
within a proposed urban lot split subdivision shall not be more than one-story and
shall not exceed 16 feet in height. Projects may be exempt from the one-story height
limitation and may be constructed up to 25 feet in height if the construction of an
800 square -foot unit would not be physically possible without the height increase
after the implementation of 2.b. and 2.c of this section is incorporated with the
project design.
a. In cases where an urban dwelling is being added by subdividing an existing
structure, the height requirements of this subsection do not apply.
6. Front Yard Landscaping and Paving/Hardscape
a. The driveway/pavement/hardscape width in the front yard shall be limited to
the width of the garage, or 12 feet if the lot does not have a garage.
b. Within the front yard, a minimum of 50 percent of the land area shall be
maintained with landscaping consisting of live organic plant materials.
Paving which incorporates planting cells such as turf block, grass grid, open -
cell unit paver, geoblock, or grasscrete may be counted towards the
landscaping requirement with the exclusion of the hard surface. Parking on
such composite planted paving is not allowed.
C. A minimum of one 24" box -sized tree shall be planted on the front yard.
Objective Design Standards
a. Additions to Existing Structures. Additions to existing structures shall
utilize the same exterior materials, color, roof pitch, and architecture of the
existing structure on the lot.
b. New Construction. The following standards shall apply to all new
construction:
i. The front elevation shall include the primary entrance to the unit and
a roofed porch. The porch may utilize a protruding or recessed design
that provides for a roofed porch that is a minimum 6 feet deep and 6
feet wide.
ii. All structures shall have at least two exterior building wall materials.
The building wall material option shall be limited to stucco, wood,
rock/stone, brick, or decorative hand -painted tile. The building
materials utilized shall be continued throughout the exterior of the
house on all elevations. Window or door trims shall not be counted
towards the material requirement.
iii. Windows —
(1) Treatment on windows shall be incorporated into the window
design. Allowable window treatments shall be limited to the
following: stucco pop outs, wood trim, pot shelves, shutters,
or recessed windows.
(a) Recessed windows shall be F%2" from the exterior
building wall.
(b) The height and width of window shutters shall be
proportionate to the height and width of the window
utilizing the treatment. The shutters shall be wide and
tall enough to completely cover the exterior of each
side of the window without exceeding the dimensions
of the window by greater than 2".
(2) Second -floor side windows shall be limited to clerestory
windows for light and ventilation measured no less than 5 feet
above the interior floor level.
iv. The roof design shall be limited to gable, dutch -gable, or hipped.
Flat -roofs and/or shed roofs are prohibited. For the purposes of this
subsection, "flat -roof' shall mean having a roof pitch of less than
2:12.
(1) Spanish and/or Mediterranean style urban dwellings shall
utilize rounded or "S" roof tiles, or a combination thereof.
V. The color palette for the urban dwelling shall include a minimum of
two colors. The color utilized for the main wall shall be a different
color than the color used for the architectural trim (e.g., window/door
trim).
vi. Balconies, second -story decks and/or exterior staircases are
prohibited. All staircases shall be located within an enclosed
structure.
8. Residents of urban dwelling units are not eligible for any type of street parking
permit.
9. The applicant shall provide easements for the provision of public services and
facilities as required.
10. All lots shall have a minimum street frontage of 12 feet to provide for vehicular
access.
11. Off-street parking shall be limited to one space per unit, except that no parking
requirements shall be imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a high -
quality transit corridor as defined by Public Resources Code section
21155(b) or a major transit stop as defined in Public Resources Code section
21064.3; or
b. There is a car share vehicle located within one block of the parcel.
12. For residential units connected to an onsite wastewater treatment system (septic
tank), the applicant provides a percolation test completed within the last 5 years, or
if the percolation test has been recertified, within the last 10 years, which shows
that the system meets acceptable infiltration rates.
Sec. 26-685.13300. - Authority.
The city shall not require or deny an application based on any of the following:
1. The city shall not impose any objective zoning or design review standards that would
have the effect of physically precluding the construction of two units on either of the
resulting parcels or that would result in a unit size of less than 800 square feet.
2. The city shall not deny an application solely because it proposes adjacent or
connected structures, provided that that all building code safety standards are met
and they are sufficient to allow a separate conveyance.
Sec. 26-685.13400. - Affidavit.
An applicant for an urban dwelling shall be required to sign an affidavit in a form approved by the
city attorney to be recorded against the property stating the following:
1. That the uses shall be limited to residential uses.
2. That the rental of any unit created pursuant to this section shall be for a minimum of
thirty-one days.
3. That the maximum number of units to be allowed on the parcels is two, including
but not limited to units otherwise allowed pursuant to density bonus provisions,
accessory dwelling units, junior accessory dwelling units, or units allowed pursuant
to Chapter 26 (Zoning).
4. That the site and/or residence of the site is not eligible for any type of street parking
permit.
Sec. 26-685.13500. - Building official denial procedure.
The city may deny the housing development if the building official makes a written finding, based
upon a preponderance of the evidence, that the proposed housing development project would have
a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2),
upon the public health and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
Sec. 26-685.13600. - Effect on other ordinances.
The provisions of this division supersede any contrary provisions in the West Covina Municipal
Code to the contrary.
SECTION 3. Amendment to Section 26-3910). Section 26-391(1) of the West Covina
Municipal Code is hereby amended to read as follows:
(1) One (1) single-family dwelling per lot, or urban dwelling unit pursuant to Article XII,
Division 30 of this chanter. Any additions or accessory buildings shall maintain
architectural consistency with the house regarding roof profile and pitch, materials,
colors, roofing, scale, exterior treatment and details.
SECTION 4. Amendment to Article IV. Division 15 (Second Unit Review) is hereby
added to Article VI (Procedure, Hearings, Notices, Fees, and Cases) of Chapter 26 (Zoning) of the
West Covina Municipal Code to read as follows:
Division 15. - Second Unit Review
See. 26-300.02. - Process.
(a) A second unit review is the procedure used by the city to verify that a proposed
accessory dwelling unit pursuant to Division 11 of Article XII of this chapter and/or
urban dwelling unit pursuant to Division 30 of Article XII of this chapter complies
with the applicable development standards.
(1) The director or his/her/their designee shall issue a second unit review
approval letter after determining that the request complies with all zoning
code provisions applicable to the project.
(2) The director or his/her/their designee shall provide the applicant an
incomplete/correction letter if the application is incomplete or if corrections
are needed in order for the application and plans to comply with zoning code
standards.
(b) Building permits shall not be issued without a second unit review approval letter.
SECTION 5. CEOA. This adoption of this Ordinance is exempt from CEQA. The
provisions relating to the implementation of SB 9 are not a project pursuant to the terms of SB 9.
The addition of a Second Unit Review Process is also exempt from CEQA under the common sense
exception of CEQA Guidelines 15061(b)(3) as it can be seen with certainty that adding a processing
procedure will not have any environmental impact.
SECTION 6. Effective Date. This Ordinance shall take effect immediately pursuant to
California Government Code section 36937 because of the need for the preservation of the public
peace, health and safety as set forth in the recitals of this Ordinance and to immediately establish a
process to review applications for urban lot splits and urban dwellings.
SECTION 7. Certification. The City Clerk shall certify to the adoption of this Ordinance
and shall cause this Ordinance to be published or posted as required by law.
PASSED, APPROVED AND ADOPTED this 7th day of December, 2021.
Dario Castellanos
Mayor
APPROVED AS TO FORM
ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, do hereby certify the
foregoing Ordinance, being Urgency Ordinance No. 2493, was introduced and adopted by the City
Council of the City of West Covina at a regular meeting of the City Council held on the 7th of
December 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk