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Ordinance - 1606ORDINANCE NO. 1606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE XII AS IT RELATES TO SECOND -FAMILY UNITS ON SINGLE- FAMILY LOTS. (Amendment No. 182) The City Council of the City of West Covina does ordain as follows: SECTION No. 1: Chapter 26, Article XII of the West Coving Municipal Code is hereby amended by adding Division No. 12 to read as follows: • Division 12 - Second -Family Units Section 26 - 685.30 Purpose The purpose of this Division is to meet the need for new housing as declared by the State of California by reducing the barriers to the provision of affordable housing with the creation of second -family units on existing single-family lots. Section 26-685.32 Definitions a. "Bottom unit" means or is a dwelling unit located on a second unit lot that is entirely on the bottom floor of a two-story building containing a first- and second -family unit. b. "First -family unit", hereafter referred to as "first unit", means or is an existing or proposed to be built, dwelling unit that conforms to all regula- tions of the West Covina Municipal Code relating to Section 26-391(a) prior to the addition of a second -family unit. C. "Front unit" means or is the dwelling unit located on a second unit lot that is closest to the front lot line or in the case of corner lots, the dwelling unit closest to the lot line separating the lot from the street on which the building is addressed or if equal distance from said lot lines, the dwelling unit which would normally receive the lowest address number if they were located on separate lots. d. "Owner -occupant" means or is that person or persons who demonstrates, to the satisfaction of the Planning Director, a fee -ownership interest in the subject property and, in addition thereto, resides in the existing single family dwelling upon said property and is.the applicant for the unclassified use permit. e. "Rear unit" means or is a dwelling unit located on.a second unit lot containing another unit defined as a front unit. f.. "Second -family unit" hereafter referred to as "second unit", means or is a dwelling unit detached from, or attached to, a first unit on a lot zoned for single-family residence. Such units do.not affect the density designation of any Specific or General Plan. g. "Second unit lot" means or is a lot containing a first unit and a second unit, legally established in a single-family zone. h. "Top unit" means or is a dwelling unit located on a second unit lot that is entirely on the top floor (except for entrance and exit stairs or halls) of a two-story building containing a first and second unit. Section 26-685.34 Development Standards a. A second unit may be constructed or established only on a lot containing a • first unit located in a single-family zone. b. A second unit shall have adequate water supply and sewer service. c. An unclassified use permit shall be obtained prior to the issuance of building permits for a second unit (as specified in Article VI, Division 3 of this Chapter). The application shall include a precise plan (as specified in Article VI, Division 2), including examples of proposed architectural treatment as specified in Section 26-226(e). d. Only an.owner-occupant of the first unit shall be eligible to file an application for an unclassified use permit for a second unit on the lot of the first unit in which he resides. e. No applicant shall be granted a second unclassified use permit on a second site for a second unit while the applicant retains ownership of the first site having an approved unclassified use permit for a second unit. f. No applicant shall be granted a second unclassified use permit on a second site for a second unit until two years after the expiration date of the approved unclassified use permit for a second unit on the first site if the first site is sold with a vested interest in a second unit. • g. The.development standards of the R-1 Zone and the Area District in which the second unit is located shall apply (as specified in Article VIII, Division 2 of this Chapter) unless this Division specifically permits or prohibits otherwise. h. The second unit, either attached or detached from the existing dwelling unit shall provide separate rooms for living, sleeping, cooking and sanitation facilities. i. Specific development standards 1. Minimum site size shall be as provided in Section 26-401. 2. The lot shall contain a first unit conforming to all regulations of the single-family zone. 3. Minimum dwelling area for second unit shall be: One bedroom: 500 sq. ft. Two bedrooms: 600 sq. ft. Three bedrooms: 800 sq. ft. 4. A second unit that is attached and a part of the existing first unit shall not decrease the remaining floor space of the first unit to below • the minimum area stated in Section 26-401 unless the second unit exceeds said minimum area, in which case the first unit may be reduced to no less than the minimum area required for a second unit and shall thereafter be considered the second unit and the new unit shall be considered the first unit. 5. A total of four parking spaces in required; two (2) accessible off-street spaces enclosed on three (3) sides and roofed, provided for each dwelling unit. Garages and carports shall have a minimum clear width and length of twenty (20) feet between columns or walls. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport, except as.mddified in Section 26-402.5. 6. Garages or carports opening towards a side street shall be set back a minimum of twenty-two (22) feet from the property line. 7. A detached rear unit shall not encroach into a 25-foot required rear yard of the front unit and in no case shall it be closer than ten (10) feet to the front unit. 8. The rear unit shall have a required rear yard as provided in Section 26-406 and 26-407. 9. The entrance to an attached second unit shall be separate from the entrance to the first unit and shall be installed in a manner as to negate an obvious indication or two units in the same structure. • 10. No over head utility lines are permitted to service the second unit. If existing overhead utility lines are to be relocated or otherwise modified to permit construction of a second unit, such lines shall be converted to underground services. 11. The numerical street address of the lot shall remain as one number with the front or bottom unit being designated as "A" and the rear or top unit being designated as ""B"" . - 2 - 12. Utility services to the second unit may remain and are encouraged through single source points except where not permitted by the utility company. 13. Park development fee for the second unit shall be paid in accordance with Section 26-204. Section 26-684.36 Lettin4 of rooms prohibited • Letting of rooms as permitted in Section 26-673(c), is prohibited in both units of a second unit lot. Section 26-685.38 Conditions of approval of an unclassified use permit for a second unit. a. The second unit may be rented but shall not be sold except in conjunction with the entire lot and the original first unit. b. The unclassified use permit for a second unit shall become null and void upon transfer of ownership of the subject property before the unclassified use permit vests. c. Chapter 7 of this Municipal Code and all applicable building codes adopted by the City of West Covina which apply to additions and construction of single-family dwellings shall apply to second units. d. Adequate water and sewer services shall be available or supplied by the applicant for the unclassified use permit for a second unit. e. Establishment of the second unit shall not impact traffic flow in the vicinity. f. Such other conditions as deemed by the Planning Commission to`reasonably relate to the purpose of this Division, such as but not limited to: • A six-foot high wall or solid fence shall be provided and maintained on the boundary of any lot containing a second unit which abuts or lies across a public alley from a single-family zone, except in the front yard where a wall is not required. A six-foot front wall shall separate the front and rear yards of the front unit of the lot containing the second unit. Said wall shall complete the enclosure of the entire back yard and may enclose the portion of the side yard that does not extend beyond the front of the front unit. The only openings in the wall shall be gates and driveway access. Said wall or fence shall be consistent with.the character of the surrounding neighborhood. SECTION NO. 2: Chapter 26, Article XII, Division No. 5, Section 26-673(d) of the West Covina Municipal Code is hereby amended by adding subparagraph (3) to read as follows: (3) Second -family units on single-family lots, as provided in Division 12 of this Article. SECTION NO. 3: The City Council finds and determines that said Amendment to the Municipal Code is a minor modification to the City's Zoning Ordinance and is, therefore, categorically exempt (Class 5) from the requirements of the California Environmental Quality Act of 1970 (CEQA). SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required bylaw. • PASSED and APPROVED this 26th day of September , 1983. Mayor ATTEST: City Clerk - 3 - 0 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF WEST COVINA ) I, Helene M. Mooney, City Clerk of the City of West Covina, do hereby certify that the foregoi.ng Ordinance No. 1606was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of September , 1983. That, thereafter, said Ordinance.was duly adopted and passed at a regular meeting of the City Council on the 26th day of September, , 1983, by the following vote, to wit: AYES: Tice, Tennant, Shearer, Bacon, Chappell NOES: None ABSENT: None APPROVED AS TO FORM: City Attorney City Clerk - 4 - i • C E R T I F I C A T I O N State of California ) County of Los Angeles ) ss. City of West Covina ) I, JANET BERRY, Deputy City Clerk of the City of West Covina., Sta.te of California., do hereby certify that a true and accurate copy of Ordinance No.-I60 �o was published, pursuant to law, in the West Covina Tribune, a. newspaper of general circula.tion published and circula.ted in the City of West Covina.. PJane't Berry, Deputy Ci y Clerk City of West Covina., California