Item 2 - CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2500 - CODE AMENDMENT NO. 22-02 (ACCESSORY DWELLING UNIT ORDINANCE)AGENDA ITEM NO.2
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: July 19, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2500 -
CODE AMENDMENT NO.22-02 (ACCESSORY DWELLING UNIT ORDINANCE)
RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
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:
On February 11, 2022, the City received written comments from the California Department of Housing
and Community Development ("HCD") on the City's ADU Ordinance. The City responded to HCD's letter
on March 8, 2022 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.
Planning Commission Review
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.
City Council Review
Based upon the action and recommendation of the Planning Commission, the City Council held a public
hearing and introduced Ordinance No. 2500 at the June 21, 2022 City Council meeting.
DISCUSSION:
The purpose of the Ordinance is to amend the Municipal Code so that it is consistent with State law
requirements.
It is requested that the City Council conduct the second reading and adopt Ordinance No. 2500.
The Ordinance will take effect on the 31st day following adoption, which is on or about August 19, 2022.
LEGAL REVIEW:
The City Attorney's Office has reviewed the Ordinance and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Conduct the second reading and adopt Ordinance No. 2500; 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
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 19th day of July, 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 19th day of July, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk