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Ordinance - 2154ORDINANCE NO.2154 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 SECOND DRIVEWAYS IN SINGLE-FAMILY RESIDENTIAL ZONES. (CODE AMENDMENT NO. 06-01) C• WHEREAS, Code Amendment No. 06-01 is a City -initiated code amendment regarding second driveways in "Single -Family Residential' (R-1) and "Residential -Agricultural' (R-A) Zones; and 0 WHEREAS, the Planning Commission, upon giving required notice, did on the 251h day of July, 2006, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 06-5149 recommending to the City Council approval of Code Amendment No. 06-01; 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 5`h day of September, 2006; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to establish standards for second driveways on single-family residential lots. 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. 06-01 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 Guidclines,.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 19`h day of September, 2006. SV � - Mayor Steve fert Ordinance No. 2154 September 19, 2006 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 5`h day of September 2006. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19`h day of September 2006, by the following vote: • AYES: Hernandez, Lane, Sanderson, Herfert NOES: None ABSTAIN: None ABSENT: Touhey APPROVED AS TO FORM: City Attomey Amoo Alvarez-Glasman • City Clerk Laurie Carrico 2 EXHIBIT A Sec. 26-206. Notices. Notices of public hearing stating the type of application or nature of proposal, • general description of property under consideration, and the time and place at which the public hearing is to be held shall be given in the following manner: (a) For a reclassification of property from one zone to another, redesignation of a property from one general plan land use designation to another or for a variance (except slight modifications), conditional use permit, or precise plan of design: (1) At least ten (10) days prior to the date of the hearing, a public notice shall be published in a newspaper having general circulation in the city; and (2) A notice of public hearing shall be mailed to the owners and occupants of all property within a radius of three hundred (300) feet of the exterior boundaries of the property under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing. (3) Both mailing and publication are to be used in all instances unless otherwise directed by the city council. (b) For amendments, supplements or changes to the zoning ordinance that do not reclassify any property from one zone to another but do impose, change, or remove any new. regulation on the use or development of property and for amendments to the general plan text: (1) At least ten (10) days prior to the date of the hearing, a public notice shall be published in a newspaper having general circulation in the city. (c) For slight modifications: (1) A notice of public hearing shall be mailed to the applicant and to the owners and occupants of all property abutting or affected by the subject property or separated therefrom only by a street or alley, at the address of such owners as shown on the last equalized assessment roll. The notices shall be mailed at least ten (10) days prior to the date of the hearing. (d) For administrative use permits: (1) A notice that describes the proposed project and indicates the length of the public review period (including the last date that a request for a public hearing may be given to the planning department) shall be mailed to owners and occupants of surrounding property as indicated below. The public review period shall extend for ten (10) days from the date that the initial notice was mailed, except in the case of large family day care homes which shall have a public review period of fourteen (14) days. If a request for a hearing is received during the specified time, a notice shall be mailed a minimum of seven (7) days prior to the date of the hearing, indicating the date, time, and location of the scheduled public hearing. a. Adjacent properties: Notices shall be mailed to the property owners and occupants of the subiect site and to the • two properties on both sides of the subject site in the case of applications for secondary driveways. b.a. 100 foot noticing radius: Notices shall be mailed to the property owners and occupants of the subject site and all properties within a radius of one hundred (100) feet of the exterior boundaries of.the subject site in the case of applications for the following purposes: large family day care homes, miniature potbellied pigs, sign exception review, outdoor uses within the outdoor uses overlay zone, wall and fence height increases, and canopy structures. c.l� 300 foot noticing radius: Notices shall be mailed to the property owners and occupants of the subject site and all properties within a radius of three hundred (300) feet of the exterior boundaries of the subject site in the case of applications for the following purposes: large expansion and maximum unit size exception, retaining walls, building and roof -mounted wireless telecommunication antennae facilities, postal service uses, and computer game/intemet access centers as defined in section 26- 685.2. Sec. 26-392 Vehicles in residential zones Purpose. The provisions of this section are intended to reinforce community standards and to promote an attractive residential appearance in the city's neighborhoods. The size, number, and location of parked and stored vehicles in residential zones are regulated to preserve the appearance of neighborhoods as predominantly residential in character. These regulations apply to all residential uses in R-I and RA zones. (a) Commercial vehicles. It shall be unlawful to park or store any commercial vehicles, trailers, or other related equipment. The provisions of this subparagraph (a) do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, or recreational vehicles. (b) Allowed parking area. For residentially zoned lots developed with a single- family residence, allowed parking areas, in addition to a permitted garage or carport, are: (1) Allowed paved areas of the front yard as defined in subsection 26- 402.5(e) (d) and paved areas of the unscreened street side yard as defined in subsection 26.402.5(e) (d) and as further set forth in subsection 26.402.5(e) tM' . (2) Areas of interior side, street side (as defined in subsection 26- 402.5(e)-Ld]), or rear yards which are fully screened by solid six, -foot fences or walls and/or view -obscuring landscaping, except within five (5) feet of the rear property line. (3) Public sidewalks and paved areas of a public parkway are not considered allowed parking areas. (c) Parking of recreational vehicles, recreational equipment and trailers, and utility trailers in side and rear yards. Recreational vehicles, recreational equipment and trailers, and utility trailers may be parked in fully -screened side or rear yard areas as set forth in subsection (b)(2). (d) Parking of recreational vehicles, recreational equipment and trailers, and utility trailers in the front yard or unscreened street side yard. (1) As used in this section, "front yard" shall mean all space between the main building (and the projection of the main building to the side property lines) and the front street property line. Also as used in this section, "street • side yard" shall mean all space between the main building (and the projection of the main building to the front and rear property lines) and the side street property line of a corner lot. Also as used in this section, side pad refers to the additional paved parking area to the side of the Primary driveway as defined in subsection 26-402.5(d) (2) Under no circumstance may utility trailers be parked in the front yard or unscreened street side yard. (3) Campers and camper shells placed on the ground or otherwise not properly mounted on a pickup or other truck may not be stored in the front yard or unscreened street side yard. (4) Vehicles must be registered to the permanent resident of the property and registered to the property address. • (5) Vehicles shall be maintained in proper condition. Vehicles stored or maintained in one (1) or more of the following conditions shall be deemed to be in violation of this standard: a. Vehicles with damaged or broken windows or doors, or damaged or torn screens or shades. b. Vehicles that are covered with tarps or other covers which are deteriorating or torn. c. Vehicles with damaged or broken parts, including, but not limited to, tow bars, mirrors, light shields, bumpers, tanks, ladders, soft top cover for popups, luggage compartment doors, air handling units, and luggage racks. d. Vehicles with any peeling, blistering, rusting, or otherwise deteriorating exterior surface. e. Vehicles with open awnings, open slide -outs, and open popups (6) In addition to other applicable standards, vehicles may not be parked closer than a distance of five (5) feet from the curb face or the edge of the street pavement, if no curb exists. (7) In no case shall the parking of a motor home, accessory recreational vehicle, or recreational equipment and trailer in a location other than the primary driveway block the use of the primary driveway or access to the garage or carport by other vehicles. (8) One (1) motor home or accessory recreational vehicle may be parked on the side pad, circular drive, or other allowed parking areas that are not part of the primary driveway leading directly to a garage or carport without the approval of an administrative use permit. (9) Motor homes, accessory recreational vehicles, and recreational equipment and trailers, up to an overall total of two (2) such vehicles, may be parked in any allowed parking area, subject to the approval of an administrative use permit pursuant to the provisions of sections 26-270 through 26-274, and further pursuant to the provisions of subsection (e) below. A first motor home or accessory recreational vehicle permitted to be parked pursuant to subsection (8) above shall be included in the total of two (2) vehicles. (e) Administrative use permit. The approval of an administrative use permit for the parking of motor homes, accessory recreational vehicles, and recreational equipment and trailers pursuant to subsection (d)(9) above shall be subject to the following: (1) The parking of vehicles shall comply with all requirements of subsection 26-392(d). (2) The administrative use permit shall, be valid only for the specific vehicle(s) identified in the permit. Approval to park any new or replacement vehicle(s) shall require a separate administrative use permit. • (3) An administrative use permit to park recreational equipment and/or trailers may only be approved in cases where no other suitable, parking area exists in a garage, carport, or side or rear yard, as determined by the planning director. Grounds for the inability to use the .side or rear yard ,shall include the inability to provide appropriate access to said yards and/or inadequate area. Grounds for the inability to use a garage or carport shall include inadequate size and dimensions. The parking of other vehicles or the storage of other goods and equipment shall not constitute grounds for the inability to use a garage or carport. (4) An administrative use permit to park vehicles in the prima ry driveway may only,be approved in cases where no other suitable parking area exists outside of the rin mary driveway and the installation of such suitable parking area is not possible or practicable given topography, lot • size or configuration, or other existing improvements on the lot, as determined by the planning director. (5) The administrative use permit may prescribe a specific area or location where the vehicle must be parked in the front yard. (6) Findings. Before an application for an administrative use permit may be granted, the following findings shall be made: a. The manner and location proposed for the parking of vehicles is sensitive to visibility from and adverse aesthetic impacts to surrounding properties. b. The manner and location proposed for the parking of vehicles is sensitive to the safety and convenience of pedestrians and motorists. c. The proposed parking of vehicles will not unreasonably infringe upon the use and enjoyment of adjoining properties. d. In the case of an application for parking of recreational equipment and trailers, no other suitable parking area exists in a garage, carport, or side or rear yard. e. In the case of an application for parking of vehicles in the Primary driveway, no other suitable parking area exists outside of the prima •ry driveway and the installation of such suitable parking area is not possible or practicable given topography, lot size or configuration, or other existing improvements on the lot. (f) Inoperable vehicles. It shall be unlawful to park or store any inoperable vehicle in any front yard, or any other yard where not screened from all off -site ground -level views, for more than seventy-two (72) hours. Up to two (2) inoperable vehicles may be parked for any length of time in an enclosed garage or the rear or side yards where such yards are completely enclosed with six-foot solid walls or fences. (g) Auto repair and service. (1) It shall be unlawful to service or repair any vehicle, inoperable or not, whether or not registered to the occupant of the property, or otherwise belonging to him/her, except completely within the garage, carport, or on the primary driveway. Only one (1) vehicle at a time may be serviced or repaired on the prima driveway or in a carport per residential lot. (2) Notwithstanding subsection (e)(1), it shall be unlawful to conduct more than (2) incidents of repair or service within a thirty -day period on vehicles not registered or otherwise belonging to the occupant(s) of the property on which the repair or service is taking place. An incident shall include all repair or service activities occurring within a seventy -two-hour period. This section shall not apply to an incident of repair or service required by an emergency. • (3) An incident of repair or service under subsections (e)(1) and (2) shall be allowed only if the repair or service is conducted between 8:00 a.m. and 10:00 p.m., noise levels created do not exceed the ambient noise level by more than five (5) decibels at the property line, and the repair or service complies with applicable environmental, health and safety codes and regulations. Further, use of power tools (pneumatic or electrical) shall not be permitted beyond the hour of 8:00 p.m. (4) No tools, motor vehicle parts, supplies, or equipment used for automobile repair and service shall be left, stored or maintained outdoors in a location that .is readily visible from a public right-of-way or an adjoining property upon any overnight interruption or cessation of repair work. (5) All fluids, liquids and oil or other petroleum products that are taken • out of a motor vehicle or used in conjunction with any repair work shall be disposed of in a lawful manner. In no instance shall these products or substances be allowed to drain or spill onto adjoining property or into the public right-of-way, storm drain, plumbing system or sewer system. (6) Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic equipment (as determined by the planning director) are prohibited from being installed, kept, stored, maintained or otherwise used for conducting automotive repair or storing of vehicles. (h) Operations of vehicles on private property. The following shall apply: (1) It shall be unlawful to operate any motor vehicle (as defined in section 415 of the Vehicle Code of the State of California) upon the private property of another without first obtaining the written permission of said owner. (2) Persons who obtain permission from private property owners to operate motor vehicles thereon shall maintain in their possession such written permission at all times when operating motor vehicles on said private property. (3) This subsection (h) in no way prohibits the use of such private property by: a. Emergency vehicles. b. Vehicles of commerce in the course of the conduct of normal business. c. Vehicles being operated on property devoted to commercial purposes where the general public is expressly or implicitly invited to such property. d. Vehicles operated on property actually used for residential purposes and where such vehicle in there at the express or.implicit invitation of the owner or occupant. (i) Use of vehicles as living quarters. It shall be unlawful to use or allow to be used any motor home, accessory recreational vehicle, or similar type trailer as a living quarters. For purposes of this subsection living quarters shall mean occupying the vehicle for the purpose of living, eating, cooking, or sleeping on a permanent basis in a manner similar to the occupancy of a dwelling unit. No plumbing or electrical permits shall be issued for the purposes of serving a motor home, accessory recreational vehicle of similar type of trailer on a single-family property. A permit to use a motor home, accessory recreational vehicle, or similar type trailer, as temporary habitation shall be allowed under the following conditions: (1) An administrative permit shall be obtained from the planning department. (2) Permits shall be granted for a maximum total of fifteen (15) days in a . calendar year at a property with a habitable single-family residence. (j) Public nuisance. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the city to allow the existence of any violation of this section. (Ord. No. 2030, § 4, 4-20-99; Ord. No. 2112, § 3, 4-20-04; Ord. No. 2113, § 2, 4-20-04; Ord. No. 2130, § 2, 3-1-05) Sec. 26-402.Off-street parking. (a) In R-A and R-1 zones there shall be four (4) accessible off-street parking spaces provided for each dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed. However, when a carport . is not readily visible from the street, the city may determine that six-foot or higher masonry walls around the perimeter of the property (or other view -obscuring physical or topographical features) constitute enclosure. The provisions of this section shall apply to new single-family dwelling construction after January 1, 1993, and when any expansion to an existing single-family structure exceeds the maximum permitted for a lot as outlined in section 26-296.110. In all other cases, there shall be two (2) accessible off-street parking spaces enclosed on three (3) sides and roofed, provided for each dwelling unit, except as provided in subsection (d) below. LJ (b) Garages and carport shall have a minimum clear width and depth of twenty (20) feet between columns or walls. Unless otherwise approved in advance by the planning director in writing, placement of garage doors shall be centered 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. The balance of the required spaces, if uncovered, shall have minimum dimensions of eight (8) feet by sixteen (16) feet. (1) In the case where an expansion to the existing single-family structure exceeds the maximum permitted for a lot as outlined in section 26-296.110, any garage or carport shall conform to the provisions regulating width and depth in subsection (b) of this section, and any front, side and rear yards as regulated by this article. (c) Garages or carports opening towards a side street shall be set back a minimum of twenty-two (22) feet from the property line. (d) No off-street parking spaces established prior to January 1, 1964, by permit, shall be considered nonconforming. (1) Except as set forth in (b)(1) of this section, where a detached accessory garage constructed by permit results in a side yard which subsequently does not conform to section 26-405 of this article, said side yard shall be considered a legal nonconforming use. As such, that detached accessory garage may be connected to the main structure by a roofed area (lattice and patio covers included), and shall be permitted to maintain the legal nonconforming side yard. (e) hi addition to the minimum number of off-street parking spaces required for each dwelling "unit, additional off-street parking space(s) shall be required on the basis of dwelling unit size according to the following schedule: TABLE INSET: Gross Unit Size (Sq. Ft.) (Exclusive of Attached Garages) Additional Number of Required Off - Street Parking Spaces 4000--5499 1 5500--7000 2 7001--8000 3 (f)W_Circular drive portions of pavement additions are exempt from the provisions of paragraph (d). Review and approval of a eiretilar drive ham. the plai,, ing division does not mandate a .al of a , fb out permit .,h:eh may he denied by the engineering division in sider lion of • (h) Paved areas for secondary driveways are exempt from the provisions of paragraph (d). The approval of a secondary driveway shall be subject to the granting of an administrative use permit as set forth in article VI, division 5 of this chapter, and further subject to the following conditions: (1) The secondary driveway shall lead to a paved parking area intended for the parking or storage of recreational vehicles, recreational equipment and trailers, and/or utility trailers in the side or rear yards which must be fully screened in compliance with Section 26-392 (c). (2) The secondary driveway is strictly for the purpose of providing access to the rear or side yard for the purposes stated above. No vehicles may be parked or stored on the secondary driveway in the front yard. (3) The maximum width of the secondary driveway shall be twelve 12 feet. (4) Approval of a secondary driveway by the Planning Department shall require a plan indicating the location and improvements of the secondary driveway and the paved parking area in the side or rear yard. (5) The secondary driveway shall be grass-crete, turf -block, a ribbon driveway or other similar treatment, and shall not be a standard slab driveway. (g)Q This section shall not apply to any area paved or unpaved which conforms in width to this section, or to any paved surface exceeding said width, as of the effective date of this section. (h)fh This section shall not apply to private recreation areas as permitted by section 26-405.5(d). (Ord. No. 1530, § 3, 2-8-82; Ord. No. 1573, § 1, 1-24-83; Ord. No. 1685, § 1, 7-22-85; Ord. No. 1855, § 2, 8-13-90; Ord. No. 1878, § 2, 5-13-91; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 1956, § 2, 3-7-95; Ord. No. 2030, § 4, 4-20-99) Editor's note: Ord. No. 1956, § 2, adopted March 7, 1995, amended the Code by adding subsection 26-402.5(i). In order to preserve sequential organization, the editor has redesignated said provision as subsection 26- 402.5(h). 0 8001+ As per an approved CUP or maximum unit size exception Said additional snace(s) may. but need not. be provided in a camort or earaee. The minimum required dimensions for uncovered spaces shall be eight (8) feet by sixteen (16) feet. . (f) Garages which are intended to accommodate four (4) or more cars shall not open to any public street, unless designed as a subterranean garage. (Code 1960, § 10702.02; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1530, § 1, 2-8-82; Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2030, § 4, 4-20-99) Sec. 26-402.5. Maximum front yard pavement coverage/driveways. (a) Pavement, paving or paved, for the purpose of this article, shall be defined as a Portland cement concrete or asphalt concrete surface, but excluding walkways five (5) feet or less in width that are not adjacent and parallel to pavement and are not used for vehicular parking. (b) Definition ofDriveway (1) A "driveway" shall be defined as a paved area for access to an (2) direct access from the street to a garage or carport with a minimum length of twenty-two (22) feet. No driveway established prior to June 1, 1991, by permit, shall be considered nonconforming. (3) A "secondary driveway" shall be defined as that area providing direct access to a fully -screened side or rear yard area for the purpose of parking or storing recreational vehicles, recreational equipment and trailers, and/or utility trailers. (c) Review and approval of a new driveway is subiect to approval of a driveway approach permit by the Engineering Division. (e)JdLAs used in this section, a "front yard" refers to all space between the main building (also the projection of the main building to the side property lines) and the front street property line. "Street side yard" refers to all space between the main building (also the projection of the main building to the front and rear property lines) and the side street property line. of a corner lot. (4)LeLPavement in the front yard shall be limited to the width of the garage or carport, plus an additional six (6) feet on either or both sides of the garage or carport driveway, or an additional twelve (12) feet on one side of the driveway and any secondary driveway. Substitutions of paved materials for the additional paved areas are permitted if found to be substantially similar to the requirements of this article. In cases of irregularly shaped lots or sites hampered by topographical features, the additions shall be parallel to and/or concentric with the access drive. (e) fL Pavement in a street side yard is permitted only where a garage or carport in the street side yard is oriented to the street or six -foot -high masonry block wall screens the pavement from all street views. Unscreened pavement in street side yards shall be treated as pavement in front yards.