Ordinance - 2140ORDINANCE NO. 2140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE REGULATING SECOND
DWELLING UNITS (CODE AMENDMENT NO.03-01)
WHEREAS, Code Amendment No. 03-01 is a City -initiated code amendment regarding
issues related to second dwelling units; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 23rd day
of March, 2004, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 04-4927 recommending to the City Council
approval of Code Amendment No. 03-01; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a dul� advertised public
hearing on the 20th day of April, 2004 the 3rd day of May, 2005 and the 5` day of July, 2005;
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 change the
existing code to be in compliance with State Law.
2. A code amendment is proposed to amend code language to Section 26-685.30 (Second
Family Units). This section is being amended to remove the requirement for approval of
a conditional use permit and be replaced with the requirement for approval of an
administrative review, as required by State law. Additionally, this section of the code has
been amended to provide for improved design and function of second dwelling units
within the "Single -Family Residential' (R-1) and "Residential Agricultural' (R-A)
Zones.
3. 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 hereby ordain as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 03-01 is hereby found to be consistent with the West Covina General 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: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina hereby approves Code Amendment No. 03-01 to amend
Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
• SECTION NO. 4: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
Ordinance No. 2140
Code Amendment No. 03-01
July 19, 2005
SECTION NO. 5: The City Clerk shall certify to the passage of this Ordinance and shall
be published as required by law.
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PASSED AND APPROVED on this 19`h day of July 2005.
Mayor Shelley Sanderson
ATTEST:
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, 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 51h day of July 2005. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 19th day of July
2005, by the following vote:
AYES: Herfert, Hernandez, Miller, Wong, Sanderson
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk Laurie CarAco
APPROVED AS TO FORM: /
— 4v"�� -
City Attorney Arnold A arez-Glasman
•
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EXHIBIT A
Chapter 26 ZONING
Art. XII. Special Regulations for Unique Uses, §§ 26-622--26-685.6600
• Div. 1. In General, §§ 26-1--26-61
Div. 1.5. Storage Lots and Mini -Warehouses, §§ 26-626--26-630
Div. 2. Mobile Home Park Regulations, §§ 26-631--26-640
Div. 3. Model Home Marketing Complexes, §§ 26-641--26-660
Div. 4. Service Stations, §§ 26-661--26-670
Div.
5.
Home Occupations, §§ 26-671--26-675
Div.
6.
Low- and Moderate -Income and Senior Citizen Housing, §§ 26-
676--26-682
Div.
7.
Aircraft Landing Facilities, § 26-683
Div.
8.
Dance Facilities, §§ 26-684--26-684.2
Div.
9.
Game Arcades, §§ 26-685--26-685.19
Div.
10.
Gymnasiums and Athletic Clubs, §§ 26-685.20--26-685.29
Div.
11.
Second-i=am*Dwelling Units, §§ 26-685.30--26-685.39
Div.
12.
Massage Parlors and Bathhouses, §§ 26-685.40--26.685.49
Div.
13.
Mobile Services, §§ 26-685.50--26.685.89
Div.
14.
Recycling Centers/Materials Recovery Facilities/Solid Waste
Transfer and Processing Centers, §§ 26-685.90--26-685.99
Div.
15.
Major Hotel and Major Motel Alcoholic Beverage Service, §§ 26-
685.100--26-685.979
Div.
16.
Wireless Telecommunication Facilities, §§ 26-685.980--26-
685.999
Div. 17. Miniature Pot -Bellied Pigs, §§ 26-685.1000--26-685.1999
Div. 18. Large Homes, §§ 26-685.2000--26-685.3000
Div. 19. Drive -Through Restaurants, §§ 26-685.3100--26-685.4000
Div. 20. Adult Oriented Businesses, §§ 26-685.4100--26-685.5900
Div. 21. Theme Shopping Uses, §§ 26-685.6000--26-685.6200
Div. 22. Permanent Makeup, §§ 26-685.6300--26-685.6600
Division 5. HOME OCCUPATIONS
Sec. 26-673. Permitted uses
(d) Services and uses allowed with a conditional use permit as set forth in
section 26-246:
(1) Foster home (more than six (6) children).
(2) Hobby kennel.
(3) (4) Horse boarding or breeding.
DIVISION 11. SECOND F"� AM;;T DWELLING UNITS*
• Sec.26-685.30. Purpose.
The purpose of this division is to meet the need for new housing as declared by
the state by reducing the barriers to the provision of affordable housing with the
creation of second -family -dwelling units on existing single-family lots.
(Ord. No. 1606, § 1, 9-26-83)
Sec.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-
hand 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
regulations of the West Covina Municipal Code relating to section 26-
391(a) prior to the addition of a second4b44�*4wellinp 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 lower address number if they were
located on separate lots.
(tl Lfl "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 .+:. i * * 6 the'cor ditional 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.
(Ord. No. 1606, § 1, 9-26-83)
Sec. 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 residential zone, except in Area
Districts III, IV, and V, second units shall be prohibited.
(b) A second unit shall have adequate water supply and sewer service.
(c) A conditional use permit_ _ y v shall be r-ondur-ts
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 _ a='conditional use permit for a
second unit on the lot of the first unit in which he resides.
• (g) (e1The 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.
(N j An attached second unit shall provide permanent provisions for living,
sleeping, cooking and sanitation facilities. A second unit, when detached
from the existing dwelling unit, shall provide permanent but separate
rooms for living, sleeping, cooking and sanitation facilities.
(+) jg)Specific development standards:
(1) Minimum site sizes for second -unit lots shall be:
Area District
Site Size (sq. ft.)
IA
10,000 12.000
1
11,500-13,500
11/11A
13,450-15.450
144
�;488-28489
24-,088=26 000
(2) The lot shall contain a first unit conforming to all regulations of the
single-family zone.
(3) All second dwelling units shall have a minimum dwelling area
of five hundred (500) square feet.
(4) (3) Maximum dwelling a s far a Detached second dwelling
units shall be single story with a maximum dwelling area of
fora be six hundred forty (640) square feet .
(5) (4) A second unit that is attached and a part of the existing first
unit shall be limited to a maximum exterior expansion of fifteen
thin` 30 45) percent of the living area of the primary unit up to
a maximum of six hundred forty (640) feet.
(6) (5)A total of four (4 ) narking np4Vngc. required; p ared; Me (2) aGoes LJ G
nff street spaGes A second dwellinq unit shall require one
covered, accessible off-street parkinq space per bedroom.
The Planning Director may require that the covered parking
space be enclosed on three (3) sides and roofed, if readily
visible from the street. , pFGv*ded foF each dwelling Unit.
Garages and carports shall have a minimum clear width and
length of twenty (20) feet and a width of ten (10) feet for each
required space, 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 modified in section
26-402.5. These parking requirements are in addition to the
required parking for main dwelling units as required in
section 26-402.
(7) (6a) Garages or carports opening towards a side street shall be set
back a minimum of twenty-two (22) feet from the property line.
(8) (4 Distance between structures. The distance between the first
unit and its accessory structures (carport and/or its garage) to the
second unit and its accessory structures (carport and/or its
• garage) shall be no less than twenty-five (25) feet.
(9) (&)Rear yard.
a. A detached rear unit shall have a required rear yard as
provided in sections 26-406 and 26-407, except that no
building other than one (1) two -car carport or garage shall
be located in the required rear yard.
An attached or side by side first and/or attached second
unit shall have a required rear yard as provided in sections
26-406 and 26-407, except that no buildings other than two
(2) two -car carports or garages shall be located in the
required rear yard.
(10) MThe 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 of two (2) units in the
same structure.
a. No overhead 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.
b. 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".
Utility services to the second unit may remain and are
encouraged through single source points except where not
permitted by the utility company.
d. Park development fees for the second unit shall be paid in
accordance with section 26-204.
(Ord. No. 1606, § 1, 9-26-83; Ord. No. 1756, § 1, 10-26-87; Ord. No.
1838, § 2, 3-12-90)
Sec. 26-685.36. Letting of rooms prohibited.
Letting of rooms as permitted in section 26-673(c) is prohibited in both
units of a second -unit lot.
(Ord. No. 1606, § 1, 9-26-83)
Sec.26-685.38. Conditions
of approval of a conditional use permit for a
issecond 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) (OChapter 7 of this Municipal Code and all applicable building
codes adopted by the city which apply to additions and construction
of single-family dwellings shall apply to second units.
(c) (d) Adequate water and sewer services shall be available or
• supplied by the applicant for the renditien 1 use permit for a second
unit.
(e) Cstahl'sh..,ent of the SeGon.d n't shall net in. ast traff's fle,.w in tho
yisinity.
(d)(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 rear yard boundary
of any lot containing a second unit. Said wall shall be in
compliance with the municipal code in relation to height and
location as approved by the Planning Director. which abuts of
lies aGFGss a hlis alley froFn a single at 'n the
front yard where a wall is Rat required. 4 sox feet front ,.wall shall
E;epaFate the front and FeaF yards of the front unit of the loot
that rdees net evtenrd beyond the front of the front' n'f The only
9PBRiRgS On the wall shall be gates and dFiveway aGGGSS. Said wall
OF fence shall he oensistent with the sharaoterif the s nrd'n
fti(.g) One unit shall be occupied by the owner of the lot as long as the
second unit exists. A deed restriction shall be recorded to this effect. A
covenant running with the land shall be recorded by every second unit
applicant, permitting the city to enforce these provisions at the cost of
the owner. Proof of recordation shall be sent to the planning director
and kept on file.
(e)Second dwellinq units shall be designed to match the existing
Primary dwelling units in relation to siding materials, roofinq,
window placement and other architectural features.
(Ord. No. 1606, § 1, 9-26-83; Ord. No. 1838, § 2, 3-12-90)
Sec.26-685.39. Reserved.
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