Item 15AGENDA ITEM NO. 15
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: June 21, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF ZONE CHANGE NO.22-02 (ACCESSORY DWELLING UNIT
ORDINANCE)
RECOMMENDATION:
It is recommended that the City Council conduct a public hearing and then introduce the following
ordinance for first reading, by title only, further reading waived:
ORDINANCE NO. 2500 - AN ORDINANCE OF THE CITY COUNCIL OF WEST COVINA,
CALIFORNIA, AMENDING PORTIONS OF DIVISION 11 (ACCESSORY DWELLING UNITS) OF
ARTICLE XII (SPECIAL REGULATIONS FOR UNIQUE USES) OF CHAPTER 26 (ZONING) OF
THE WEST COVINA MUNICIPAL CODE TO AUTHORIZE ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW
REQUIREMENTS
BACKGROUND:
In September 2019 the State Legislature adopted Senate Bill (SB) 13 and Assembly Bills (AB) 68, 670,
and 881 which were signed by Governor Newsom in October 2019 and took effect January 1, 2020.
Cities that do not adopt an ordinance pertaining to accessory dwelling units (ADUs) in compliance with
State law are required to follow the standards described in the California Government Code. Based on
the actions of the State, on November 26, 2019, the Planning Commission initiated Code Amendment
19-06 on a 3-2 vote (Kennedy and Redholtz opposed).
Due to time constraints, the City Council adopted the Urgency Ordinance on December 17, 2019, which
went into effect January 1, 2020.
The Urgency Ordinance reflected the City's best interpretation; taking into consideration previous
directives from the Department of Housing and Community Development ("HCD"), with the intent that the
City would revise the Ordinance once comments and feedback were received from HCD.
On October 5, 2020, the City conducted a virtual meeting with HCD and was informed that the Ordinance
addressing ADUs was inconsistent with State law. Staff prepared a draft revision to the ADU Ordinance
to address HCD's verbal comments. On April 20, 2021, the City Council adopted an amendment to the
ADU Ordinance. As required, the City submitted the revised Ordinance to HCD.
On February 11, 2022, the City received written comments on the City's ADU Ordinance (Attachment No.
3). The City responded to HCD's letter on March 8, 2022 (Attachment No. 4) and discussed the proposed
revisions with an HCD representative via the telephone. HCD informed the City that they will not be
providing written comments until the Ordinance is amended, and the revisions are adopted.
Staff prepared a draft Ordinance addressing HCD's comments and presented it to the Planning
Commission on May 10, 2022. During the public hearing, two public comments were received urging the
Planning Commission to consider including text that would allow for two-story detached ADUs and to
allow ADUs in the front yard of properties located on private streets. The Planning Commission voted
5-0, recommending that the City Council adopt the Ordinance as recommended by staff.
DISCUSSION:
The following is a summary of the proposed changes:
. Clarify that setbacks are not required in certain instances mentioned in California Government
Code Section 65852.2 (existing structure converted into an ADU) for ADUs proposed/constructed
within an existing multifamily residential use.
. Clarify that the 1,000-square foot maximum area is per ADU unit proposed/constructed within an
existing multifamily residential use.
. A cross-reference to California Government Code Section 65852.26 has been added to clarify that
the separate sales of ADUs are allowed in certain instances referenced in the California
Government Code.
. Clarify that exterior staircases shall not be located between the side property line and the existing
building. This would allow exterior staircases to be located at the rear of the building and would no
longer make it impossible to create a compliant exterior staircase.
Once adopted, staff will send a copy of Ordinance No. 2500 to HCD for review. The Ordinance will take
effect 30 days after adoption.
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. Adopt the proposed ordinance per the Planning Commission's recommendation; or
2. Provide alternative direction
ENVIRONMENTAL REVIEW:
The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the
CEQA guidelines, and the City's environmental procedures, and is found to be exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as this ordinance cannot create any significant effect on the
environment and pursuant to 15282(h), which states that "the adoption of an ordinance regarding second
units in a single-family or multifamily zone by a city or county to implement the provisions of Sections
65852.1 and 65852.2 of the Government Code" are Statutorily Exempt from the requirements of CEQA.
Prepared by: Jo -Anne Burns, Planning Manager
Fiscal Impact
FISCAL IMPACT:
This is strictly an administrative item, therefore; there is no fiscal impact associated with this action.
Attachments
Attachment No. 1 - Ordinance No. 2500
Attachment No. 2 - Redline of Division 11 of Article XII of Chapter 26
Attachment No. 3 - Letter from HCD dated February 11, 2022
Attachment No. 4 - City's Response to HCD dated March 8, 2022
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness
A Well -Planned Community
ATTACHMENT NO. 1
ORDINANCE NO. 2500
AN ORDINANCE OF THE CITY COUNCIL OF WEST
COVINA, CALIFORNIA, AMENDING PORTIONS OF
DIVISION 11 (ACCESSORY DWELLING UNITS) OF
ARTICLE XII (SPECIAL REGULATIONS FOR UNIQUE
USES) OF CHAPTER 26 (ZONING) OF THE WEST COVINA
MUNICIPAL CODE TO AUTHORIZE ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS CONSISTENT WITH STATE LAW
REQUIREMENTS
WHEREAS, effective January 1, 2020, multiple new housing laws relating to accessory
dwelling units (ADUs) became law, including AB 68, AB 881, SB 13, AB 587, AB 670, and AB
671; and
WHEREAS, effective January 1, 2021, AB 3182, a new housing law which includes
certain standards relating to ADUs, became law; and
WHEREAS, the City's Accessory Dwelling Unit Ordinance was last updated on April 20,
2021; and
WHEREAS, the State of California Department of Housing and Community Development
(HCD) notified the City in writing on February 11, 2022 that the City's Accessory Dwelling Unit
Ordinance addressed many statutory requirements but HCD identified five areas where revisions were
necessary to comply with State ADU laws; and
WHEREAS, on May 10, 2022, the Planning Commission conducted a duly noticed public
hearing as prescribed by law regarding proposed Code Amendment No. 22-02. At the conclusion of
the public hearing, the Planning Commission approved Planning Commission Resolution No. 22-
6108, recommending that the City Council approve Code Amendment No. 22-02; and
WHEREAS, on June 21, 2022, the City Council conducted a duly noticed public hearing as
prescribed by law regarding this Ordinance approving Code Amendment No. 22-02; and
WHEREAS, the City Council has duly considered all information presented to it,
including written staff reports and any testimony provided at the public hearing, with all testimony
received being made a part of the public record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment. Division 11 (Accessory Dwelling Units) of Article XII
(Special Regulations for Unique Uses) of Chapter 26 (Zoning) of the West Covina Municipal Code
is hereby amended to read as follows:
Division 11. Accessory Dwelling Units
Sec. 26-685.30. - Accessory dwelling units and junior accessory dwelling units —Purpose,
definitions, occupancy.
(a) Purpose and interpretation. The intent of this section is to ensure that accessory dwelling
units and junior accessory dwelling units remain as an accessory use to single-family and
multifamily residential uses, that the structures on parcels are organized to accommodate
an accessory dwelling unit and/or junior accessory dwelling unit, and that such dwelling
units do not impact surrounding residents or the community. This division is intended to
retain the maximum ability of the city to regulate accessory dwelling units and to comply
with the requirements of state law.
(b) Definitions.
(1) The terms "accessory dwelling unit', "public transit', "passageway" and "tandem
parking" all have the same meaning as that stated in Government Code section 65852.2
as that section may be amended time to time.
(2) "Junior accessory dwelling unit" shall have same meaning as that stated in Government
Code section 65852.22(h)(1) as that section may be amended time to time.
(c) Occupancy. Except as otherwise provided by law (e.g., Government Code section
65852.26), accessory dwelling units and junior accessory dwelling units may be rented
separate from the primary residence, but may not be sold or otherwise conveyed separate
from the primary residence.
Sec. 26-685.31 - Accessory dwelling units —Application for accessory dwelling unit permit.
(a) Accessory dwelling units are permitted only in areas zoned to allow multifamily and single
family residential, subject to the issuance of a building permit. Any application for an
accessory dwelling unit that meets the unit size standards and development standards
contained in Sections 26-685.32 or 26-685.33 of this division, or is the type of accessory
dwelling unit described in section 26-685.34 of this division, shall be approved
ministerially by the city by applying the standards herein and without a public hearing.
(b) An application for an accessory dwelling unit permit shall be made by the owner of the
parcel on which the primary unit sits and shall be filed with the city on a city -approved
application form and subject to the established fee set by city council resolution as it may
be amended from time to time.
(c) Applications for accessory dwelling units shall conform to the requirements for, and shall
obtain, a building permit consistent with the requirements of Chapter 7 (Buildings and
Building Regulations) of the West Covina Municipal Code.
Sec. 26-685.32. - Accessory dwelling units —Unit size standards.
Except as otherwise provided in section 26-685.34 of this division, all accessory dwelling units
shall not exceed the size standards listed below.
(a) Attached accessory dwelling units: The maximum floor area of an attached accessory
dwelling unit shall be the higher of:
(1) 850 square feet for an accessory dwelling unit with zero (0) to one (1) bedrooms or
1,000 square feet for an accessory dwelling unit with two (2) or more bedrooms; or
(2) If there is an existing primary single-family dwelling, 50% of the square footage of the
existing primary single family dwelling; or
(3) All properties developed with a residential use shall be allowed to construct at least an
800-square foot accessory dwelling unit with four (4)-foot side and rear setbacks; or
(4) Existing habitable and/or nonhabitable areas may be converted into an attached
accessory dwelling unit without any size and/or setback limitations.
(b) Detached units. A detached accessory dwelling unit shall not have more than 1,200 square
feet of living area.
(c) Setback requirements.
(1) No setbacks are required for: either (i) those portions of accessory dwelling units that
are created by converting existing living area or existing accessory structures to new
accessory dwelling units or (ii) constructing new accessory dwelling units in the same
location and to the same dimensions as an existing structure.
(2) For all other accessory dwelling units, there must be a minimum of four (4) feet of
setbacks from side and rear lot lines and comply with all applicable front yard setbacks.
(3) The minimum required distance between a detached accessory dwelling unit and the
primary dwelling unit, and all other structures, including garages, on the property, shall
be 10 feet.
Sec. 26-685.33. - Accessory dwelling units —Development standards.
Any permit for an accessory dwelling unit shall be subject to the development standards listed
below.
(a) Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the
city that contains a legal, single-family or multi -family residence as an existing or proposed
primary unit on a lot.
(b) Accessory dwelling units and junior accessory dwelling units are accessory to the primary
use. Therefore, accessory dwelling units shall not be assigned an address separate from the
primary dwelling unit, unless the accessory dwelling unit is accessory to a multi -family
residential use.
(c) Number of accessory dwelling units per lot.
(1) For lots with proposed or existing single-family residences, no more than one (1)
accessory dwelling unit and one (1) junior accessory dwelling unit may be on the lot.
(2) For lots with existing multi -family residential dwellings:
a. No more than 25% of the number of the existing units, but at least one (1) unit,
shall be permitted as accessory dwelling units constructed within the non -livable
space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of
the existing multifamily dwelling structure provided that applicable building codes
are met; or
b. No more than two (2) detached accessory dwelling units, provided that no such unit
shall be more than 16 feet in height, and each such unit complies with front yard
setbacks, and meets rear -yard and side yard setbacks of four feet. No setback shall
be required for an existing living area or accessory structure constructed in the same
location and to the same dimensions as an existing structure that is converted to an
accessory dwelling unit when created within an existing structure. The maximum
square footage of detached accessory dwelling units on lots with existing multi-
family residential dwellings shall be limited to 1,000 square feet of living area per
accessory dwelling unit.
(d) Building code compliance. All new accessory dwelling units must comply with Chapter 7
of the West Covina Municipal Code (Buildings and Building Regulations) and any other
applicable provisions of the California Building Standards Code. However, fire sprinklers
shall not be required if they are not required for the primary residence.
(e) Utilities.
(1) All accessory dwelling units and junior accessory dwelling units must be connected to
public utilities (or their equivalent), including water, electric, and sewer services.
Accessory dwelling units and junior accessory dwelling units shall not have its own
separate utility meter and shall share utility connections with the primary use.
(2) All accessory dwelling units and junior accessory dwelling units shall have adequate
water supply and sewer service.
(3) No overhead utility lines are to be relocated or otherwise modified to permit
construction of an accessory dwelling unit or junior accessory dwelling unit. If existing
overhead utility lines are to be relocated or otherwise modified to permit construction
of an accessory unit, such lines shall be converted to underground services.
(4) The city may require the installation of a new or upgraded utility connection for a new
accessory dwelling unit structure and/or the existing house to accommodate the
additional burden of the proposed accessory dwelling unit on the existing utility
infrastructure. The connection fee or capacity charge shall be proportionate to the
burden of the proposed accessory dwelling unit based on either its square feet or
number of drainage fixture unit values. New or upgraded utility connection shall not
be required for existing structures converted into accessory dwelling units.
(f) Parking.
(1) The city shall require the owner to provide one (1) parking space unless the accessory
dwelling unit has no bedrooms (e.g., a studio), in which case no space is required. The
required parking space shall have a minimum dimension of 10 feet in width and 20 feet
in depth. The required parking space may be provided as:
a. Tandem parking on an existing driveway in a manner that does not encroach onto
a public sidewalk and otherwise complies with city parking requirements; or
b. Within a setback area or as tandem parking in locations determined feasible by the
city for such use. Locations will be determined infeasible based upon specific site
or regional topographical or fire and life safety conditions, or that such parking is
not permitted anywhere else in the city.
(2) Notwithstanding the foregoing, no parking space shall be required for an accessory
dwelling unit if:
a. It is located within one-half mile walking distance of public transit;
b. It is located within an architecturally and historically significant district;
c. It is part of a proposed or existing primary residence or accessory structure;
d. When on -street parking permits are required but not offered to the occupant ofthe
accessory dwelling unit; or
e. Where there is a car share vehicle located within one (1) block of the accessory
dwelling unit.
(3) When a garage, carport, or covered parking structure is demolished in conjunction with
the construction of an accessory dwelling unit or converted to an accessory dwelling
unit, the off-street parking spaces do not have to be replaced.
(g) Siting. Detached accessory dwelling units may not be located within the area between the
front property line and the line parallel to, and touching, the back of the primary residence.
(h) Exterior access. The entrance to an accessory dwelling unit shall be separate from the
entrance to the primary dwelling unit.
(i) Recorded covenants. Before obtaining a permit for an accessory dwelling unit, the property
owner shall file with the county recorder a declaration or agreement of restrictions which
has been approved by the city attorney as to its form and content, describing restrictions
that allows for and the continued use of the accessory dwelling as follows:
(1) the accessory dwelling unit shall not be sold separately from the primary residence,
except for instances allowed by Government Code section 65852.26;
(2) the accessory second unit is restricted to the maximum size allowed per the
development standards set forth in this section;
(3) the restrictions shall be binding upon any successor in ownership of the property, and
lack of compliance shall result in legal action against the property owner for
noncompliance with the requirements for an accessory dwelling unit. In the event of
violation, the property owner shall be responsible for all fees and penalties, as well as
the city's enforcement costs.
(j) Conversion of existing primary unit. An existing primary dwelling may be converted to an
accessory dwelling unit if it complies with all applicable requirements of this division. If
so, a new, larger primary residence may be constructed.
(k) Design requirements for new units. All new accessory dwelling units must comply with
the following design requirements:
(1) The exterior materials, colors, roof pitch and architecture shall match the primary
unit.
(2) Accessory dwelling units shall not exceed 16 feet in height, unless the accessory
dwelling unit is a conversion of an existing second floor area, a second -story
addition to an existing residence, or is located on the second -floor of a new two-
story house.
a. All second -story additions to an existing residence, and/or new two-story
homes shall require the approval of an administrative use permit per section 26-
270 of the West Covina Municipal Code.
b. Exterior staircases serving second -floor accessory dwelling units shall not be
located in between the side property line and the existing building.
(3) Lighting shall not be directed -On to neighboring lots.
(4) Any attached accessory dwelling unit shall be attached to the living area of the
primary dwelling unit by a common wall or floor/ceiling, and not simply by an
attached breezeway, porch, or patio.
(1) Passageway. No passageway shall be required in conjunction with the construction of an
accessory dwelling unit.
Sec. 26-685.34. - Accessory dwelling unit and junior accessory dwelling unit exceptions.
(a) Accessory dwelling units shall be approved for the following types of accessory dwelling
units, regardless of whether the applicant meets the development standards contained in
this title. Accessory dwelling units and junior accessory dwelling units are accessory to the
primary use. Therefore, accessory dwelling units and junior accessory dwelling units shall
not be assigned an address separate from the primary dwelling unit, unless the accessory
dwelling unit is accessory to a multi -family residential use.
(1) For single family dwelling lots in residential zones, either:
a. One (1) accessory dwelling unit and one junior accessory dwelling unit per lot may
be constructed. Each accessory dwelling unit and junior accessory dwelling unit
must have exterior access and side and rear setbacks sufficient for fire safety and
comply with all other setback requirements. If the unit is a junior accessory
dwelling unit, it must also comply with the requirements of section 26-685.36
below; or
b. One (1) detached, new construction, accessory dwelling unit with setbacks of at
least four (4) feet from side and rear yards and in compliance with front yard
setbacks, no more than 800 square feet floor area, and a height not exceeding 16
feet on a lot with an existing or proposed single-family dwelling.
(2) On a lot with an existing multi -family residential use:
a. Accessory dwelling units may be constructed in areas that are not used as livable
space within an existing multi -family dwelling structure (e.g., storage rooms, boiler
rooms, passageways, attics, basements, or garages), provided the spaces meet state
building standards for dwellings. The number of interior accessory dwelling units
permitted on the lot shall not exceed 25% of the current number of units of the
multi -family complex on the lot and at least one (1) such unit shall be allowed; and
b. Up to two (2) detached accessory dwelling units may be constructed, provided they
are no taller than 16 feet, and they have at least four (4) feet of side and rear yard
setbacks. Detached accessory dwelling units constructed pursuant to this subsection
(b) shall not exceed 1,000 square feet in floor area per unit.
(b) Accessory dwelling units approved under this section 26-685.34 shall not be rented for a
term of 30 days or less.
(c) Accessory dwelling units or junior accessory dwelling units approved under this section
26-685.34 shall not be required to correct legal nonconforming zoning conditions as a pre-
condition to obtaining this authorization.
Sec. 26-685.35. - Accessory dwelling units —General plan consistency.
In adopting these standards, the city recognizes that the approval of dwelling units may, in some
instances, result in dwelling densities exceeding the maximum densities prescribed by the general
plan. The city finds that this occurrence is consistent with the general plan, as dictated under state
planning and zoning law applicable to accessory dwelling units.
Sec. 26-685.36. - Junior accessory dwelling units.
(a) Purposes. This section provides standards for the establishment of junior accessory
dwelling units. Junior accessory dwelling units will typically be smaller than an accessory
dwelling unit, will be constructed within the walls of an existing or proposed single family
residence and require owner occupancy in the single-family residence where the unit is
located.
(b) Size. A junior accessory dwelling unit shall not exceed 500 square feet in size.
(c) Owner occupancy. The owner of a parcel proposed for a junior accessory dwelling unit
shall occupy as a primary residence either the primary dwelling or the junior accessory
dwelling. Owner -occupancy is not required if the owner is a governmental agency, land
trust, or "housing organization" as that term is defined in Government Code section
65589.5(k)(2), as that section may be amended from time to time.
(d) Sale prohibited. A junior accessory dwelling unit shall not be sold independently of the
primary dwelling on the parcel.
(e) Short term rentals. The junior accessory dwelling unit shall not be rented for periods of 30
days or less.
(f) Location of junior accessory dwelling unit. A junior accessory dwelling unit shall be
entirely within a single-family residence; an attached garage is considered a part of the
residence.
(g) Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency
kitchen, including a food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the junior accessory dwelling unit.
(h) Parking. No additional parking is required beyond that already required for the primary
dwelling.
(i) Fire protection; utility service. For the purposes of any fire or life protection ordinance or
regulation or for the purposes of providing service for water, sewer, or power, a junior
accessory dwelling unit shall not be considered a separate or new unit, unless the junior
accessory dwelling unit was constructed in conjunction with a new single-family dwelling.
No separate connection between the junior accessory dwelling unit and the utility shall be
required for units created within a single-family dwelling, unless the junior accessory
dwelling unit is being constructed in connection with a new single-family dwelling.
(j) Deed restriction. Prior to the issuance of a building permit for a junior accessory dwelling
unit, the owner shall record a deed restriction in a form approved by the city that includes
a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the
single-family residence, requires owner -occupancy consistent with subsection (c) above,
does not permit rentals for periods 30 days or shorter, and restricts the size and attributes
of the junior dwelling unit to those that conform with this section.
SECTION 2. Compliance with CEQA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code section 21080.17
[statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory
exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305
[minor alterations to land]. This Ordinance is also exempt under CEQA Guidelines section 15061,
because this Ordinance will not have a significant effect on the environment, because ADUs will
largely constitute infill housing which is exempt from CEQA.
SECTION 3. Inconsistencies. Any provision of this Ordinance which is inconsistent with
state law shall be interpreted in a manner to be consistent with state law. Any provision of the
West Covina Municipal Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to
that extent necessary to affect the provisions of this Ordinance.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of West Covina hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or posted in the
manner required by law.
SECTION 7. Transmit Ordinance to HCD. The City Clerk is directed to send a copy of
this Ordinance to the Department of Housing and Community Development within 60 days of the
adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED on the day of 2022.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Dario Castellanos
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. 2500 was introduced at a regular meeting of
the City Council held on the 21 st day of June, 2022, and adopted at a regular meeting of the City
Council held on the _ day of , 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.2
Division 11. Accessory Dwelling Units
Sec. 26-685.30. - Accessory dwelling units and junior accessory dwelling units —Purpose,
definitions, occupancy.
(a) Purpose and interpretation. The intent of this section is to ensure that accessory dwelling
units and junior accessory dwelling units remain as an accessory use to single-family and
multifamily residential uses, that the structures on parcels are organized to accommodate
an accessory dwelling unit and/or junior accessory dwelling unit, and that such dwelling
units do not impact surrounding residents or the community. This division is intended to
retain the maximum ability of the city to regulate accessory dwelling units and to comply
with the requirements of state law.
(b) Definitions.
(1) The terms "accessory dwelling unit', "public transit', "passageway" and "tandem
parking" all have the same meaning as that stated in Government Code section 65852.2
as that section may be amended time to time.
(2) "Junior accessory dwelling unit' shall have same meaning as that stated in Government
Code section 65852.22(h)(1) as that section may be amended time to time.
(c) Occupancy. Except as otherwise provided by law (e.g., Government Code section
65852.26), accessory dwelling units and junior accessory dwelling units may be rented
separate from the primary residence, but may not be sold or otherwise conveyed separate
from the primary residence.
Sec. 26-685.31 - Accessory dwelling units —Application for accessory dwelling unit permit.
(a) Accessory dwelling units are permitted only in areas zoned to allow multifamily and single
family residential, subject to the issuance of a building permit. Any application for an
accessory dwelling unit that meets the unit size standards and development standards
contained in Sections 26-685.32 or 26-685.33 of this division, or is the type of accessory
dwelling unit described in section 26-685.34 of this division, shall be approved
ministerially by the city by applying the standards herein and without a public hearing.
(b) An application for an accessory dwelling unit permit shall be made by the owner of the
parcel on which the primary unit sits and shall be filed with the city on a city -approved
application form and subject to the established fee set by city council resolution as it may
be amended from time to time.
(c) Applications for accessory dwelling units shall conform to the requirements for, and shall
obtain, a building permit consistent with the requirements of Chapter 7 (Buildings and
Building Regulations) of the Municipal Code.
Sec. 26-685.32. - Accessory dwelling units —Unit size standards.
Except as otherwise provided in section 26-685.34 of this division, all accessory dwelling units
shall not exceed the size standards listed below.
(a) Attached accessory dwelling units: The maximum floor area of an attached accessory
dwelling unit shall be the higher of:
(1) 850 square feet for an accessory dwelling unit with zero (0) to one (1) bedrooms or
1,000 square feet for an accessory dwelling unit with two (2) or more bedrooms; or
(2) If there is an existing primary single-family dwelling, 50% of the square footage of the
existing primary single family dwelling; or
(3) All properties developed with a residential use shall be allowed to construct at least an
800-square foot accessory dwelling unit with four (4)-foot side and rear setbacks; or
(4) Existing habitable and/or nonhabitable areas may be converted into an attached
accessory dwelling unit without any size and/or setback limitations.
(b) Detached units. A detached accessory dwelling unit shall not have more than 1,200 square
feet of living area.
(c) Setback requirements.
(1) No setbacks are required for: either (i) those portions of accessory dwelling units that
are created by converting existing living area or existing accessory structures to new
accessory dwelling units or (ii) constructing new accessory dwelling units in the same
location and to the same dimensions as an existing structure.
(2) For all other accessory dwelling units, there must be a minimum of four (4) feet of
setbacks from side and rear lot lines and comply with all applicable front yard setbacks.
(3) The minimum required distance between a detached accessory dwelling unit and the
primary dwelling unit, and all other structures, including garages, on the property, shall
be 10 feet.
Sec. 26-685.33. - Accessory dwelling units —Development standards.
Any permit for an accessory dwelling unit shall be subject to the development standards listed
below.
(a) Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the
city that contains a legal, single-family or multi -family residence as an existing or proposed
primary unit on a lot.
(b) Accessory dwelling units and junior accessory dwelling units are accessory to the primary
use. Therefore, accessory dwelling units shall 4;e• have An own u Fake „tilAv meter- and
shall not be assigned an address
separate from the primary dwelling unit, unless the accessory dwelling unit is accessory to
a multifamily residential use.
(c) Number of accessory dwelling units per lot.
(1) For lots with proposed or existing single-family residences, no more than one (1)
accessory dwelling unit and one (1) junior accessory dwelling unit may be on the lot.
(2) For lots with existing multi -family residential dwellings:
a. No more than twenty-five percent (25%) of the number of the existing units, but at
least one (1) unit, shall be permitted as accessory dwelling units constructed within
the non -livable space (e.g., storage rooms, boiler rooms, hallways, attics,
basements, or garages) of the existing multifamily dwelling structure provided that
applicable building codes are met; or
b. No more than two (2) detached accessory dwelling units, provided that no such unit
shall be more than sixteen (16) feet in height, and each such unit complies with
front yard setbacks, and meets rear -yard and side yard setbacks of four feet. No
setback shall be required for an existing living area or accessory structure
constructed in the same location and to the same dimensions as an existing structure
that is converted to an accessory dwelling unit when created within an existing
structure. The maximum square footage of detached accessory dwelling units on
lots with existing multi -family residential dwellings shall be limited to one
thousand twe hundred-(1,200) 1 000 square feet of living area per ADU unit.
(d) Building Code Compliance. All new accessory dwelling units must comply with Chapter
7 of the Municipal Code ("Buildings and Building Regulations") and any other applicable
provisions of the California Building Standards Code. However, fire sprinklers shall not
be required if they are not required for the primary residence.
(e) Utilities.
(1) All accessory dwelling units and junior accessory dwelling units must be connected to
public utilities (or their equivalent), including water, electric, and sewer services.
Accessory dwelling units and junior accessory dwelling units shall not have its own
separate utility meter and shall share utility connections with the primary use.
(2) All accessory dwelling units and junior accessory dwelling units shall have adequate
water supply and sewer service.
(3) No overhead utility lines are to be relocated or otherwise modified to permit
construction of an accessory dwelling unit or junior accessory dwelling unit. If existing
overhead utility lines are to be relocated or otherwise modified to permit construction
of an accessory unit, such lines shall be converted to underground services.
(4) The City may require the installation of a new or upgraded utility connection for a new
accessory dwelling unit structure and/or the existing house to accommodate the
additional burden of the proposed accessory dwelling unit on the existing utility
infrastructure. The connection fee or capacity charge shall be proportionate to the
burden of the proposed accessory dwelling unit based on either its square feet or
number of drainage fixture unit values. New or upgraded utility connection shall not
be required for existing structures converted into accessory dwelling units.
(f) Parking.
(1) The City shall require the owner to provide one (1) parking space unless the accessory
dwelling unit has no bedrooms (e.g., a studio), in which case no space is required. The
required parking space shall have a minimum dimension of ten (10) feet in width and
twenty (20) feet in depth. The required parking space may be provided as:
a. Tandem parking on an existing driveway in a manner that does not encroach onto
a public sidewalk and otherwise complies with city parking requirements; or
b. Within a setback area or as tandem parking in locations determined feasible by the
City for such use. Locations will be determined infeasible based upon specific site
or regional topographical or fire and life safety conditions, or that such parking is
not permitted anywhere else in the City.
(2) Notwithstanding the foregoing, no parking space shall be required for an accessory
dwelling unit if
a. It is located within one-half mile walking distance of public transit;
b. It is located within an architecturally and historically significant district;
c. It is part of a proposed or existing primary residence or accessory structure;
d. When on -street parking permits are required but not offered to the occupant ofthe
accessory dwelling unit; or
e. Where there is a car share vehicle located within one block of the accessory
dwelling unit.
(3) When a garage, carport, or covered parking structure is demolished in conjunction with
the construction of an accessory dwelling unit or converted to an accessory dwelling
unit, the off-street parking spaces do not have to be replaced.
(g) Siting. Detached accessory dwelling units may not be located within the area between the
front property line and the line parallel to, and touching, the back of the primary residence.
(h) Exterior Access. The entrance to an accessory dwelling unit shall be separate from the
entrance to the primary dwelling unit.
(i) Recorded Covenants. Before obtaining a permit for an accessory dwelling unit, the
property owner shall file with the county recorder a declaration or agreement of restrictions
which has been approved by the city attorney as to its form and content, describing
restrictions that allows for and the continued use of the accessory dwelling as follows:
(1) the accessory dwelling unit shall not be sold separately from the primary residence,
except for instances allowed by Government Code Section 65852.26;
(2) the accessory second unit is restricted to the maximum size allowed per the
development standards set forth in this section;
(3) the restrictions shall be binding upon any successor in ownership of the property, and
lack of compliance shall result in legal action against the property owner for
noncompliance with the requirements for an accessory dwelling unit. In the event of
violation, the property owner shall be responsible for all fees and penalties, as well as
the city's enforcement costs.
(j) Conversion of existing primary unit. An existing primary dwelling may be converted to an
accessory dwelling unit if it complies with all applicable requirements of this ordinance. If
so, a new, larger primary residence may be constructed.
(k) Design requirements for new units. All new accessory dwelling units must comply with
the following design requirements:
(1) The exterior materials, colors, roof pitch and architecture shall match the primary
unit.
(2) Accessory dwelling units shall not exceed 16 feet in height, unless the accessory
dwelling unit is a conversion of an existing second floor area, a second -story
addition to an existing residence, or is located on the second -floor of a new two-
story house.
a. All second -story additions to an existing residence, and/or new two-story
homes shall require the approval of an administrative use permit per Section
26-270 of the West Covina Municipal Code.
b. Exterior staircases serving second -floor accessory dwelling units shall not be
located in between the side property line and the existing building.
(3) Lighting shall not be directed -On to neighboring lots.
(4) Any attached accessory dwelling unit shall be attached to the living area of the
primary dwelling unit by a common wall or floor/ceiling, and not simply by an
attached breezeway, porch, or patio.
(1) Passageway. No passageway shall be required in conjunction with the construction of an
accessory dwelling unit.
Sec. 26-685.34. - Accessory dwelling unit and junior accessory dwelling unit exceptions.
(a) Accessory dwelling units shall be approved for the following types of accessory dwelling
units, regardless of whether the applicant meets the development standards contained in
this Title. Accessory dwelling units and junior accessory dwelling units are accessory to
the primary use. Therefore, accessory dwelling units and junior accessory dwelling units
shall
use:not be assigned an address separate from the primary dwelling unit, unless the
accessory dwelling unit is accessory to a multifamily residential use.
(1) For Single Family Dwelling lots in residential zones, either:
a. One accessory dwelling unit and one junior accessory dwelling unit per lot may be
constructed. Each accessory dwelling unit and junior accessory dwelling unit must
have exterior access and side and rear setbacks sufficient for fire safety and comply
with all other setback requirements. If the unit is a junior accessory dwelling unit,
it must also comply with the requirements of Section 26-685.36 below; or
b: One detached, new construction, accessory dwelling unit with setbacks of at least
four (4) feet from side and rear yards and in compliance with front yard setbacks,
no more than eight hundred (800) square feet floor area, and a height not exceeding
sixteen (16) feet on a lot with an existing or proposed single family dwelling.
(2) On a lot with an existing multifamily residential:
a. Accessory dwelling units may be constructed in areas that are not used as livable
space within an existing multi -family dwelling structure (e.g., storage rooms, boiler
rooms, passageways, attics, basements, or garages), provided the spaces meet state
building standards for dwellings. The number of interior accessory dwelling units
permitted on the lot shall not exceed twenty-five percent (25%) of the current
number of units of the multi -family complex on the lot and at least one such unit
shall be allowed; and
b. Up to two (2) detached accessory dwelling units may be constructed, provided they
are no taller than sixteen (16) feet, and they have at least four (4) feet of side and
rear yard setbacks. Detached accessory dwelling units constructed pursuant to this
subsection (b) shall not exceed one thousand two hundred (44WI 000) square feet
in floor area per unit.
(b) Accessory dwelling units approved under this Section 26-685.34 shall not be rented for a
term of 30 days or less.
(c) Accessory dwelling units or junior accessory dwelling units approved under this Section
26-685.34 shall not be required to correct legal nonconforming zoning conditions as a pre-
condition to obtaining this authorization.
Sec. 26-685.35. - Accessory dwelling units —General plan consistency.
In adopting these standards, the city recognizes that the approval of dwelling units may, in some
instances, result in dwelling densities exceeding the maximum densities prescribed by the general
plan. The city finds that this occurrence is consistent with the general plan, as dictated under state
planning and zoning law applicable to accessory dwelling units.
Sec. 26-685.36. - Junior accessory dwelling units.
(a) Purposes: This section provides standards for the establishment of junior accessory
dwelling units. Junior accessory dwelling units will typically be smaller than an accessory
dwelling unit, will be constructed within the walls of an existing or proposed single family
residence and requires owner occupancy in the single-family residence where the unit is
located.
(b) Size: A junior accessory dwelling unit shall not exceed 500 square feet in size.
(c) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit
shall occupy as a primary residence either the primary dwelling or the junior accessory
dwelling. Owner -occupancy is not required if the owner is a governmental agency, land
trust, or "housing organization" as that term is defined in Government Code Section
65589.5(k)(2), as that section may be amended from time to time.
(d) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the
primary dwelling on the parcel.
(e) Short term rentals: The junior accessory dwelling unit shall not be rented for periods of 30
days or less.
(f) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be
entirely within a single-family residence; an attached garage is considered a part of the
residence.
(g) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency
kitchen, including a food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the junior accessory dwelling unit.
(h) Parking. No additional parking is required beyond that already required for the primary
dwelling.
(i) Fire Protection; Utility Service. For the purposes of any fire or life protection ordinance or
regulation or for the purposes of providing service for water, sewer, or power, a junior
accessory dwelling unit shall not be considered a separate or new unit, unless the junior
accessory dwelling unit was constructed in conjunction with a new single-family dwelling.
No separate connection between the junior accessory dwelling unit and the utility shall be
required for units created within a single-family dwelling, unless the junior accessory
dwelling unit is being constructed in connection with a new single-family dwelling.
(j) Deed Restriction. Prior to the issuance of a building permit for a junior accessory dwelling
unit, the owner shall record a deed restriction in a form approved by the city that includes
a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the
single-family residence, requires owner -occupancy consistent with subsection (3) above,
does not permit rentals for periods 30 days or shorter, and restricts the size and attributes
of the junior dwelling unit to those that conform with this section.
ATTACHMENT NO. 3
STATE DE CALIFORNIA BUSINESS. CONSHA ER SERVICES AND HQUSING ArFNCy GAVIN NEWSOM Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT n e ,,,
2020 W. El Camino Avenue, Suite 500��
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.aov
February 11, 2022
David Carmany, City Manager
City of West Covina
1444 W Garvey Ave
West Covina, CA 91790
Dear David Carmany:
RE: Review of West Covina's Accessory Dwelling Unit (ADU) Ordinance under
State ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City of West Covina's (City) accessory dwelling unit (ADU)
ordinance No. 2480 ("the Ordinance') adopted April 20, 2021, to the California
Department of Housing and Community Development (HCD). HCD has reviewed the
Ordinance and is submitting these written findings pursuant to Government Code
section 65852.2, subdivision (h). HCD has determined that the Ordinance does not
comply with section 65852.2 in the manner noted below. Under the statute, the City has
up to 30 days to respond to these findings. Accordingly, the City must provide a written
response to these findings no later than March 14, 2022.
The adopted ADU ordinance addresses many statutory requirements; however, HCD
finds that the ordinance does not comply with State ADU Law in the following respects:
Pg. 4, Section 26-685.33 (3)(b)(ii) — Converted Setbacks — The Ordinance
permits detached accessory dwelling units on lots with existing multifamily
residential buildings and requires that "each such unit... meets rear -yard
setbacks of four feet." However, Government Code section 65852.2, subdivision
(a)(1)(D)(vii), states: "No setback shall be required for an existing living area or
accessory structure or a structure constructed in the same location and to the
same dimensions as an existing structure that is converted to an accessory
dwelling unit when created within an existing structure." Therefore, ADUs created
from a converted structure are not subject to setback requirements. The City
should note this exemption for converted units.
Pg. 4, Section 26-685.33 (3)(b)(ii) — Maximum Area — The Ordinance states that
for "more than two (2) detached accessory dwelling units... the maximum square
footage of detached accessory dwellings on lots with existing multifamily
residential buildings shall be limited to 1,200 square feet of living area."
Government Code section 65852.2, subdivision (c)(2), states that a local agency
shall not establish a maximum square footage requirement for each detached
David Carmany, City Manager
Page 2
ADU that is less than 850 square feet or 1,000 square feet for an ADU that
provides more than one bedroom. The City should amend the Ordinance to
clarify that the square footage limitation applies to each ADU, not to the
combined maximum size of the two detached ADUs.
• Pg. 6, Section 26-685.33 (7) — Siting — The Ordinance states that detached
ADUs may not be located "within the area between the front property line and the
line parallel to, and touching, the back of the primary residence." This would
relegate the detached ADUs to the rear of the primary residence. Government
Code section 65852.150, subdivision (b), requires that `provisions in this
ordinance relating to matters including unit size, parking, fees, and other
requirements, are not so arbitrary, excessive, or burdensome so as to
unreasonably restrict the ability of homeowners to create accessory dwelling
units...." HCD has determined that this siting requirement is impermissibly
burdensome, because it would prohibit the construction of ADUs along the sides
of the primary dwelling, thus making it difficult to develop ADUs in shallow lots
with small rear yards. In addition, local development standards provided by the
Ordinance pursuant to Government Code section 65852.2, subdivisions (a)
through (d) do not apply to ADUs created under Government Code section
65852.2, subdivision (e). ADUs that meet the criteria under subdivision (e) must
be ministerially approved. Therefore, local standards such as this siting
requirement may not preclude the construction of an 800 square -foot unit with
four -foot setbacks and a height limit of 16 feet even if the ADU was constructed
along the side of the primary dwelling. The City should remove this section to
comply with State ADU Law.
• Pg. 6, Section 26-685.33 (9) — Separate Sale — The Ordinance prohibits separate
sale of an ADU from the primary residence. However, Government Code section
65852.26, subdivision (a)(1), creates a narrow exception to allow separate
conveyance with the involvement of qualified nonprofit housing organizations.
The City should refer to the statute to allow for such an exception.
• Pg. 7, Section 26-685.33 (11)(b)(ii) — Design requirements for new units — The
Ordinance requires that "exterior staircases serving second -floor accessory
dwelling units shall not be located in between the property line and the existing
building." Under Government Code section 65852.150, subdivision (b), such a
prohibition is considered burdensome, because the requirement as written would
make it impossible to create a compliant exterior staircase. Any exterior staircase
would necessarily be built between the property line and the existing building.
Where an exterior staircase serving a second story ADU is a necessary
component for ingress and egress, the City may not preclude its construction. In
addition, local development standards provided by the Ordinance pursuant to
Government Code section 65852.2, subdivisions (a) through (d), do not apply to
ADUs created under Government Code section 65852.2, subdivision (e)(1)(A)(i).
Rather, a second story ADU constructed within a proposed or existing single-
family dwelling must be ministerially approved. An ADU constructed pursuant to
David Carmany, City Manager
Page 3
subdivision (e)(1)(A)(i) "...may include an expansion of not more than 150 square
feet beyond the physical dimensions of the existing accessory structure... [which]
shall be limited to accommodating ingress and egress." The construction of an
exterior staircase for a second story ADU would fall under this accommodation.
Therefore, the City should remove this requirement to comply with State ADU
Law.
In these respects, revisions are necessary to comply with statute.
HCD will consider any written response to these findings, such as a revised ordinance
or a detailed plan to bring the ordinance into compliance with law by a date certain,
before taking further action authorized pursuant to Government Code section 65852.2.
Please note that HCD may notify the Attorney General's Office in the event that the City
fails to take appropriate and timely action under section 65852.2, subdivision (h).
HCD appreciates the City's efforts in the preparation and adoption of the ordinance and
welcomes the opportunity to assist the City in fully complying with State ADU Law.
Please contact Mike Van Gorder, of our staff, at (916) 776-7541 or at
mike.vangorderahcd.ca.gov if you have any questions or would like HCD's technical
assistance in these matters.
Sincerely,
David Zisser
Assistant Deputy Director
Local Government Relations and Accountability
ATTACHMENT NO.4
Office
March 8, 2022
David Zisser
Assistant Deputy Director
Local Government Relations and Accountability
Department of Housing and Community Development
2020 W. El Camino Avenue, Suite 500
Sacramento CA 95833
RE: Review of West Covina's Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov.
Code,65852.2)
Dear Mr. Zisser:
Thank you for reviewing the City of West Covina's ADU Ordinance and providing us with written
comments. We are looking forward to working with you in revising the City's ADU Ordinance to make it
compliant with State Law. The following is a detailed response to the findings listed on your letter dated
February 11, 2022:
• Pg. 4, Section 26-685.33 (3)(b)(1i) — Converted Setbacks
A proposed revision to the City's Accessory Dwelling Unit Ordinance has been drafted to address
this concern. Please see Pg. 4 of the draft Ordinance. It has been clarified that setbacks are not
required in certain instances mentioned in Government Code Section 65852.2. Such instances are
specifically identified in the draft Ordinance.
• Pg. 4, Section 26-685.33 (3)(b)(11) — Maximum Area
A proposed revision to the City's Accessory Dwelling Unit Ordinance has been drafted to address
this concern. Please see Pg. 4 of the draft Ordinance. It has been clarified that the maximum area
is per ADU unit.
• Pg. 6, Section 26-685.33 (7) — Siting
Section 26-286.34 of the WCMC provides accessory dwelling unit and junior accessory dwelling
unit exceptions. These exceptions allow for a new detached 800 square foot (maximum size)
accessory dwelling unit with side and rear yard setbacks at least 4 feet, in compliance with the
front yard setback, and a height not exceeding 16 feet, regardless of whether the development
standards in the title (which includes the entirety of Section 26-286.33) are complied with.
Therefore, allowing Section 26-685.33(7) to remain as written would not create an unreasonable
1444 West Garvey Avenue • West Covina • CA 91790 • Phone (626) 939-8401 • Fax (626) 939-8406
prohibition or be in violation of State ADU laws, because of the existing exceptions in Section 26-
685.34.
Pg. 6, Section 26-685.33(9) — Separate Sale
A proposed revision to the City's Accessory Dwelling Unit Ordinance has been drafted to address
this concern. Please see Pg. 6 of the draft Ordinance. A cross-reference to Government Code
Section 65852.26 has been added.
• Pg. 7, Section 26-685.33 (11)(b)(ii) — Design Requirements for new units
A proposed revision to the City's Accessory Dwelling Unit Ordinance has been drafted to address
this concern. Please see Pg. 6 of the draft Ordinance. The revision clarifies that exterior staircases
shall not be located between the side property line and the existing building. This would allow
exterior staircases to be located at the rear of the building and would no longer make it impossible
to create a compliant exterior staircase.
We appreciate any technical assistance that you are able to provide and look forward to receiving written
comments on the enclosed/attached draft ordinance. We will schedule a public hearing for Planning
Commission review and consideration of the draft Ordinance within 4-5 weeks of receiving a written
response that the submitted draft Ordinance is satisfactory and is in compliance with State ADU laws.
Sincerely,
David Carmany
City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF WEST
COVINA, CALIFORNIA, AMENDING PORTIONS OF
CHAPTER 26 OF THE MUNICIPAL CODE TO
AUTHORIZE ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS CONSISTENT
WITH STATE LAW REQUIREMENTS
WHEREAS, effective January 1, 2020, multiple new housing laws relating to accessory
dwelling units (ADUs)became law, including AB 68, AB 881, SB 13, AB 587, AB 670, and AB
671; and
WHEREAS, effective January 1, 2021, AB 3182, a new housing law which includes
certain standards relating to ADUs, became law; and
WHEREAS, the City's Accessory Dwelling Unit Ordinance was last updated on April 6,
2021; and
WHEREAS, the State of California Department of Housing and Community Development
notified the City in writing on February 11, 2022 that the City's Accessory Dwelling Unit Ordinance
addressed many statutory requirements but finds five areas where revisions are necessary to comply
with State ADU laws; and
WHEREAS, on , the Planning Commission conducted a duly noticed public
hearing as prescribed by law regarding proposed Code Amendment No. . At the conclusion of
the public hearing, the Planning Commission approved Planning Commission Resolution No.
recommending that the City Council approve Code Amendment No. _; and
WHEREAS, on , the City Council conducted a duly noticed public hearing as
prescribed by law regarding this ordinance approving Code Amendment No. ; and
WHEREAS, the City Council has duly considered all information presented to it,
including written staff reports and any testimony provided at the public hearing, with all testimony
received being made a part of the public record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment. Division 11 (Accessory Dwelling Units) of Article XII
(Special Regulations for Unique Uses) of Chapter 26 (Zoning) of the West Covina Municipal Code
is hereby amended to read as follows:
Division 11. Accessory Dwelling Units
Sec. 26-685.30. - Accessory dwelling units and junior accessory dwelling units —Purpose,
definitions, occupancy.
(1) Purpose and Interpretation. The intent of this Section is to ensure that accessory dwelling
units and junior accessory dwelling units remain as an accessory use to single-family and
multifamily residential uses, that the structures on parcels are organized to accommodate
an accessory dwelling unit and/or junior accessory dwelling unit, and that such dwelling
units do not impact surrounding residents or the community. This Division is intended to
retain the maximum ability of the city to regulate accessory dwelling units and to comply
with the requirements of state law.
(2) Definitions.
a. The terms "accessory dwelling unit', "public transit', "passageway" and "tandem
parking" all have the same meaning as that stated in Government Code section
65852.2 as that section may be amended time to time.
b. "Junior accessory dwelling unit' shall have same meaning as that stated in
Government Code section 65852.22(h)(1) as that section may be amended time to
time.
(3) Occupancy. Except as otherwise provided by law (e.g., Government Code section
65852.26), accessory dwelling units and junior accessory dwelling units may be rented
separate from the primary residence, but may not be sold or otherwise conveyed separate
from the primary residence.
Sec. 26-685.31- Accessory dwelling units —Application for accessory dwelling unit permit.
(1) Accessory dwelling units are permitted only in areas zoned to allow multifamily and single
family residential, subject to the issuance of a building permit. Any application for an
accessory dwelling unit that meets the unit size standards and development standards
contained in Sections 26-685.32 or 26-685.33 of this division, or is the type of accessory
dwelling unit described in Subsection 26-685.34of this division, shall be approved
ministerially by the city by applying the standards herein and without a public hearing.
(2) An application for an accessory dwelling unit permit shall be made by the owner of the
parcel on which the primary unit sits and shall be filed with the city on a city -approved
application form and subject to the established fee set by city council resolution as it may
be amended from time to time.
(3) Applications for accessory dwelling units shall conform to the requirements for, and shall
obtain, a building permit consistent with the requirements of Chapter 7 (Buildings and
Building Regulations) of the Municipal Code.
2
Sec. 26-685.32. -Accessory dwelling units —Unit size standards.
Except as otherwise provided in Section 26-685.34 of this division, below, all accessory dwelling
units shall not exceed the size standards listed below.
(1) Attached accessory dwelling units: The maximum floor area of an attached accessory
dwelling unit shall be the higher of:
a. 850 square feet for an accessory dwelling unit with 0-1 bedrooms or 1,000 square
feet for an accessory dwelling unit with two (2) or more bedrooms; or
b. If there is an existing primary single-family dwelling, 50% of the square footage of
the existing primary single family dwelling; or
C. All properties developed with a residential use shall be allowed to construct at least
an 800-square foot accessory dwelling unit with four -foot side and rear setbacks; or
d. Existing habitable and/or nonhabitable areas may be converted into an attached
accessory dwelling unit without any size and/or setback limitations.
(2) Detached Units. A detached accessory dwelling unit shall not have more than one thousand
two hundred (1,200) square feet of living area.
(3) Setback requirements.
a. No setbacks are required for: either (i) those portions of accessory dwelling units
that are created by converting existing living area or existing accessory structures to
new accessory dwelling units or (ii) constructing new accessory dwelling units in
the same location and to the same dimensions as an existing structure.
b. For all other accessory dwelling units, there must be a minimum of four (4) feet of
setbacks from side and rear lot lines and comply with all applicable front yard
setbacks.
C. The minimum required distance between a detached accessory dwelling unit and the
primary dwelling unit, and all other structures, including garages, on the property,
shall be ten (10) feet.
Sec. 26-685.33. - Accessory dwelling units —Development standards.
Any permit for an accessory dwelling unit shall be subject to the development standards listed
below.
(1) Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the
city that contains a legal, single-family or multi -family residence as an existing or proposed
primary unit on a lot.
(2) Accessory dwelling units and junior accessory dwelling units are accessory to the primary
use. Therefore, accessory dwelling units
shall shale i4ility emmeetions with the shall not be assigned an address
separate from the primary dwelling unit, unless the accessory dwelling unit is accessory to
a multifamily residential use.
(3) Number of accessory dwelling units per lot.
a. For lots with proposed or existing single-family residences, no more than one (1)
accessory dwelling unit and one (1) junior accessory dwelling unit may be on the
lot.
b. For lots with existing multi -family residential dwellings:
No more than twenty-five percent (25%) of the number of the existing units,
but at least one (1) unit, shall be permitted as accessory dwelling units
constructed within the non -livable space (e.g., storage rooms, boiler rooms,
hallways, attics, basements, or garages) of the existing multifamily dwelling
structure provided that applicable building codes are met; or
ii. No more than two (2) detached accessory dwelling units, provided that no such
unit shall be more than sixteen (16) feet in height, and each such unit complies
with front yard setbacks, and meets rear -yard and side yard setbacks of four
feet. No setback shall be required for an existingliving iving area or accessory
structure constructed in the same location and to the same dimensions as an
existing structure that is converted to an accessory dwelling unit when created
within an existing structure. The maximum square footage of detached
accessory dwelling units on lots with existing multi -family residential
dwellings shall be limited to one thousand'we hendred (1'^^` 1( ,Q00) square
feet of living area per ADU unit.
(4) Building Code Compliance. All new accessory dwelling units must comply with Chapter
7 of the Municipal Code ("Buildings and Building Regulations") and any other applicable
provisions of the California Building Standards Code. However, fire sprinklers shall not
be required if they are not required for the primary residence.
(5) Utilities.
a. All accessory dwelling units and junior accessory dwelling units must be connected
to public utilities (or their equivalent), including water, electric, and sewer services.
Accessory dwelling units and junior accessory dwelling units shall not have its own
separate utility meter and shall share utility connections with the primary use.
b. All accessory dwelling units and junior accessory dwelling units shall have adequate
water supply and sewer service.
C. No overhead utility lines are to be relocated or otherwise modified to permit
construction of an accessory dwelling unit or junior accessory dwelling unit. If
rd
existing overhead utility lines are to be relocated or otherwise modified to permit
construction of an accessory unit, such lines shall be converted to underground
services.
d. The City may require the installation of a new or upgraded utility connection for a
new accessory dwelling unit structure and/or the existing house to accommodate the
additional burden of the proposed accessory dwelling unit on the existing utility
infrastructure. The connection fee or capacity charge shall be proportionate to the
burden of the proposed accessory dwelling unit based on either its square feet or
number of drainage fixture unit values. New or upgraded utility connection shall not
be required for existing structures converted into accessory dwelling units.
(6) Parking.
a. The City shall require the owner to provide one (1) parking space unless the
accessory dwelling unit has no bedrooms (e.g., a studio), in which case no space is
required. The required parking space shall have a minimum dimension often (10)
feet in width and twenty (20) feet in depth. The required parking space may be
provided as:
Tandem parking on an existing driveway in a manner that does not encroach
onto a public sidewalk and otherwise complies with city parking
requirements; or
ii. Within a setback area or as tandem parking in locations determined feasible
by the City for such use. Locations will be determined infeasible based upon
specific site or regional topographical or fire and life safety conditions, or that
such parking is not permitted anywhere else in the City.
b. Notwithstanding the foregoing, no parking space shall be required for an accessory
dwelling unit if:
It is located within one-half mile walking distance of public transit;
ii. It is located within an architecturally and historically significant district;
iii. It is part of a proposed or existing primary residence or accessory structure;
iv. When on -street parking permits are required but not offered to the occupant
ofthe accessory dwelling unit; or
V. Where there is a car share vehicle located within one block of the accessory
dwelling unit.
C. When a garage, carport, or covered parking structure is demolished in conjunction
with the construction of an accessory dwelling unit or converted to an accessory
dwelling unit, the off-street parking spaces do not have to be replaced.
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(7) Siting. Detached accessory dwelling units may not be located within the area between the
front property line and the line parallel to, and touching, the back of the primary residence.
(8) Exterior Access. The entrance to an accessory dwelling unit shall be separate from the
entrance to the primary dwelling unit.
(9) Recorded Covenants. Before obtaining a permit for an accessory dwelling unit, the
property owner shall file with the county recorder a declaration or agreement of restrictions
which has been approved by the city attorney as to its form and content, describing
restrictions that allows for and the continued use of the accessory dwelling as follows:
a. the accessory dwelling unit shall not be sold separately from the primary residence,
except for instances allowed by Government Code Section 65852.26;
b. the accessory second unit is restricted to the maximum size allowed per the
development standards set forth in this section;
d. the restrictions shall be binding upon any successor in ownership of the property,
and lack of compliance shall result in legal action against the property owner for
noncompliance with the requirements for an accessory dwelling unit. In the event
of violation, the property owner shall be responsible for all fees and penalties, as
well as the city's enforcement costs.
(10) Conversion of existing primary unit. An existing primary dwelling may be
converted to an accessory dwelling unit if it complies with all applicable requirements of
this ordinance. If so, a new, larger primary residence may be constructed.
(11) Design requirements for new units. All new accessory dwelling units must comply
with the following design requirements:
a. The exterior materials, colors, roof pitch and architecture shall match the primary
unit.
b. Accessory dwelling units shall not exceed 16 feet in height, unless the accessory
dwelling unit is a conversion of an existing second floor area, a second -story
addition to an existing residence, or is located on the second -floor of a new two-
story house.
i. All second -story additions to an existing residence, and/or new two-story
homes shall require the approval of an administrative use permit per Section 26-
270 of the West Covina Municipal Code.
ii. Exterior staircases serving second -floor accessory dwelling units shall not
be located in between the side property line and the existing building.
C. Lighting shall not be directed -on to neighboring lots.
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d. Any attached accessory dwelling unit shall be attached to the living area of the
primary dwelling unit by a common wall or floor/ceiling, and not simply by an
attached breezeway, porch, or patio.
(12) Passageway. No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
Sec. 26-685.34. - Accessory dwelling unit and junior accessory dwelling unit exceptions.
(1) Accessory dwelling units shall be approved for the following types of accessory dwelling
units, regardless of whether the applicant meets the development standards contained in
this Title. Accessory dwelling units and junior accessory dwelling units are accessory to
the primary use. Therefore, accessory dwelling units and junior accessory dwelling units
shall aet hme its evm utility meter and shall share utility eenneetions with th . . I
snot be assigned an address separate from the primary dwelling unit, unless the
accessory dwelling unit is accessory to a multifamily residential use.
a. For Single Family Dwelling lots in residential zones, either:
i. One accessory dwelling unit and one junior accessory dwelling unit per lot
may be constructed. Each accessory dwelling unit and junior accessory
dwelling unit must have exterior access and side and rear setbacks sufficient
for fire safety and comply with all other setback requirements. If the unit is a
junior accessory dwelling unit, it must also comply with the requirements of
Section 26-685.36 below; or
ii. One detached, new construction, accessory dwelling unit with setbacks of at
least four (4) feet from side and rear yards and in compliance with front yard
setbacks, no more than eight hundred (800) square feet floor area, and a height
not exceeding sixteen (16) feet on a lot with an existing or proposed single
family dwelling.
On a lot with an existing multifamily residential:
i. Accessory dwelling units may be constructed in areas that are not used as
livable space within an existing multi -family dwelling structure (e.g., storage
rooms, boiler rooms, passageways, attics, basements, or garages), provided
the spaces meet state building standards for dwellings. The number of
interior accessory dwelling units permitted on the lot shall not exceed
twenty-five percent (25%) of the current number of units of the multi -family
complex on the lot and at least one such unit shall be allowed; and
ii. Up to two (2) detached accessory dwelling units may be constructed,
provided they are no taller than sixteen (16) feet, and they have at least four
(4) feet of side and rear yard setbacks. Detached accessory dwelling units
constructed pursuant to this subsection (b) shall not exceed one thousand two
hundred (4-,2991 000) square feet in floor area per unit.
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(2) Accessory dwelling units approved under this Section 26-685.34 shall not be rented for a
term of 30 days or less.
(3) Accessory dwelling units or junior accessory dwelling units approved under this Section
26-685.34 shall not be required to correct legal nonconforming zoning conditions as a pre-
condition to obtaining this authorization.
Sec. 26-685.35. - Accessory dwelling units —General plan consistency.
In adopting these standards, the city recognizes that the approval of dwelling units may, in some
instances, result in dwelling densities exceeding the maximum densities prescribed by the general
plan. The city finds that this occurrence is consistent with the general plan, as dictated under state
planning and zoning law applicable to accessory dwelling units.
Sec. 26-685.36. - Junior accessory dwelling units.
(1) Purposes: This section provides standards for the establishment of junior accessory
dwelling units. Junior accessory dwelling units will typically be smaller than an accessory
dwelling unit, will be constructed within the walls of an existing or proposed single family
residence and requires owner occupancy in the single-family residence where the unit is
located.
(2) Size: A junior accessory dwelling unit shall not exceed 500 square feet in size.
(3) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit
shall occupy as a primary residence either the primary dwelling or the junior accessory
dwelling. Owner -occupancy is not required if the owner is a governmental agency, land
trust, or "housing organization" as that term is defined in Government Code Section
65589.5(k)(2), as that section may be amended from time to time.
(4) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the
primary dwelling on the parcel.
(5) Short tern rentals: The junior accessory dwelling unit shall not be rented for periods of 30
days or less.
(6) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be
entirely within a single-family residence; an attached garage is considered a part of the
residence.
(7) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency
kitchen, including a food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the junior accessory dwelling unit.
(8) Parking. No additional parking is required beyond that already required for the primary
dwelling.
(9) Fire Protection; Utility Service. For the purposes of any fire or life protection ordinance or
regulation or for the purposes of providing service for water, sewer, or power, a junior
accessory dwelling unit shall not be considered a separate or new unit, unless the junior
accessory dwelling unit was constructed in conjunction with a new single-family dwelling.
No separate connection between the junior accessory dwelling unit and the utility shall be
required for units created within a single-family dwelling, unless the junior accessory
dwelling unit is being constructed in connection with a new single-family dwelling.
(10) Deed Restriction. Prior to the issuance of a building permit for a junior accessory
dwelling unit, the owner shall record a deed restriction in a form approved by the city that
includes a prohibition on the sale of the junior accessory dwelling unit separate from the
sale of the single-family residence, requires owner -occupancy consistent with subsection
(3) above, does not permit rentals for periods 30 days or shorter, and restricts the size and
attributes of the junior dwelling unit to those that conform with this section.
SECTION 2. Compliance with CEOA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code section 21080.17
[statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory
exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305
[minor alterations to land]. This Ordinance is also exempt under CEQA Guidelines section 15061,
because this Ordinance will not have a significant effect on the environment, because ADUs will
largely constitute infill housing which is exempt from CEQA.
SECTION 3. Inconsistencies. Any provision of this Ordinance which is inconsistent
with state law shall be interpreted in a manner to be consistent with state law. Any provision of
the West Covina Municipal Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to
that extent necessary to affect the provisions of this Ordinance.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of West Covina hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or posted in the
manner required by law.
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SECTION 7. Transmit Ordinance to HCD. The City Clerk is directed to send a copy
of this Ordinance to the Department of Housing and Community Development within 60 days of
the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED on the day of 2022.
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. was introduced at a regular meeting of
the City Council held on the _ day of , and adopted at a regular meeting of the City
Council held on the _ day of by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Lisa Sherrick
Assistant City Clerk