Ordinance - 2119ORDINANCE NO. 2119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATING TO DETACHED
GARAGES AND STANDARDS FOR LARGE EXPANSIONS AND
MAXIMUM UNIT SIZE EXCEPTIONS (CODE AMENDMENT NO, 04-021
WHEREAS, Code Amendment No. 04-02 is a City -initiated code amendment relating to
detached garages and standards for Large Expansions and Maximum Unit Size Exceptions; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 24`h day
of August 2004, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 04-4961 recommending to the City Council
approval of Code Amendment No. 04-02; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 21" day of September 2004; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts;
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to
require that detached garages be included in the calculation of floor area ratio.
2. , The proposed action is considered to be exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not have the
potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina does resolve as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 04-02 is hereby found to be consistent with the West Covina Geneial Plan and
implementation thereof. -
SECTION NO. 2: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the
CEQA Guidelines, in that the proposed action consists of a code amendment, which does not
have the potential for causing a significant effect on the environment.
SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter
26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
be published as required by law.
PASSED AND APPROVED on this 5t° day of October 2004.
4L�.WAd
• Mayor Michael L. Miller
ATTEST:
Ordinance No. 2119
Page Two
I
0
I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 21" day of September 2004. That, thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 5`h day of October
2004.
AYES:
Herfert, Hernandez, Sanderson, Miller
NOES:
Wong
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
City Attorney Amok Alvarez-Glasman
ity Clerk Janet Berry
Exhibit A
Sec. 26-296.1100. Definitions.
(a) Large expansions shall mean the expansion of the existing total gross floor area of a
• single-family dwelling unit by the following minimum square footage when either the
floor area of the existing dwelling unit is expanded or when the existing dwelling unit is
demolished and a new dwelling unit is constructed within five (5) years and results in a
total gross floor area larger than existed at the time of demolition, but not resulting in a
total gross floor area which exceeds the maximum permitted for a lot:
Lot Size
Large Expansion
(sq. fl.)
(sq. ft.)
Under 20,000
1,250'
20,000--24,999
1,500
25,000--29,999
2,000
30,000--34,999
2,500
35,000-39,999
3,000
40,000+
3,500
Said large expansion includes the gross square footage of the main building and/or
accessory uses when attached to the main building; (including, but not limited to a guest
house, second unit, and garage), and detached garages, as set forth in Section 26-
296.1100 (d).
(b) Maximum unit size exception shall mean an increase of the total gross square
footage permitted for a unit as defined in section 26-401.5 by up to twenty-five (25)
percent of the gross square footage of the main building, and/or attached accessory uses
(including, but not limited to a guest house, second unit, or garage), and/or detached
garages, as set forth in Section 26-296.1100 W.
(c) Timing of additions or expansions. All additions or expansions occurring within one
(1) year of the building permit final inspection approval of the previous addition or
expansion shall be considered as a single expansion for the purpose of determining the
large expansion calculation.
(d) Detached garages legally constructed prior to October 21, 2004, shall be
exempt from inclusion in the gross square footage calculation. Expansion of such
garages after October 21, 2004, however, shall cause this exemption to be lost.
0 (Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2051, § 2, 4-18-00)
1
•
lr-7
J
Sec. 26-401.5. Maximum unit size.
(a) The maximum size of units in developmental areas shall be governed by the
following table:
Lot size Maximum Unit Size
(sq. ft.): (Gross Floor Area
in Sq. Ft.)
All lots within Area 0.50 FAR for first 5,000 sq. ft. of lot area
District -IA only
0.35 FAR for remaining lot area in excess of
5,000 sq. ft.
Under 20,000 0.35 FAR or 3,999, whichever is less
20,000--24,999 4,000
25,000--29,999 5,000
30,000--34,999 6,000
35,000--39,999 7,000
40,000+ 8,000
As these figures reflect the maximum allowable unit sizes, they shall not be regarded as
an automatic right. Each proposal shall be reviewed on a case by case basis and requires
approval of the planning director subject to the following findings:
(i) The lot and proposed development is consistent with the general plan,
zoning, and meets all other applicable code requirements.
(ii) The development utilizes building materials, color schemes and a roof
style which blend with the existing structure, if any, and results in a
development which is harmonious in scale and mass with the surrounding
residences.
PA
•
(iii) The development is sensitive and not detrimental to convenience and
safety of circulation for pedestrians and vehicles:
(iv) The development can be adequately served by existing or required
infrastructure and services.
(v) The design of the structure has given consideration to the privacy of
surrounding properties through the usage and placement of windows and
doors, cantilevers, decks, balconies, minimal retaining walls, trees and
other buffering landscaping materials.
(vi) The development is sensitive to the natural terrain, minimizes necessary
grading, de-emphasizes vertical massing which could disrupt the profile of
a natural slope, and does not impede any scenic vistas or views open to the
public or surrounding properties.
The decision of the planning director is appealable to the planning commission subject to
the procedures outlined in section 26-212.
(b) Detached accessory structures, with the exception of garages as set forth in
Section 26-401.5 (f)., shall not be included in the above maximum unit size figures. A
large expansion to the main building (as defined in section 26-296.1100(a)) shall be
subject to the approval of an administrative use permit pursuant to the procedures
outlined in section 26-296.1200.
(c) The above maximum unit sizes may be increased by up to twenty-five (25) percent
subject to the approval of an administrative use permit pursuant to the procedures
outlined in section 26-296.1200. Detached garages as set forth in Section 26-401.5 (f)
and A attached accessory structures, including but not limited to guest house, second
unit, and garage, shall be included in the twenty-five (25) percent figure.
(d) An expansion of the above maximum unit sizes by more than twenty-five (25)
percent may be granted subject to the approval of a conditional use permit (CUP) by the
planning commission pursuant to the procedures outlined in sections 26-246 and 26-
685.2000.
(e) Section 26-401.5(a) through (d) shall not apply to residential development within a
specific plan zone nor residential development which utilizes the density transfer
provisions in section 26-703.
(f) Detached garages constructed prior to October 21, 2004, shall be exempt from
inclusion in the gross square footage calculation. Expansion of such garages after
October 21, 2004, however, shall cause this exemption to be lost.
(Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1992, §§ 1, 2(Amd.
277, Exh. A), 4-1-97; Ord. No. 2030, § 4, 4-20-99)
3