Ordinance - 2156ORDINANCE NO. 2156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING
CHAPTER 26 (ZONING) OF THE WEST COVINA
MUNICIPAL CODE RELATED TO THE REGULATION OF
• ROOMINGHOUSES (CODE AMENDMENT NO. 06-02)
WHEREAS, on March 7, 2006, the City Council initiated a code amendment regarding
roominghouses in residential zones; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 10`h day
of October, 2006, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission adopted Resolution No. 06-5178 recommending to the City Council
approval of Code Amendment No. 06-02; 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 7th day of November, 2006; and
WHEREAS, the City of West Covina has recently identified a significant number of
persons within the City who are renting individual rooms within existing dwellings for
residential purposes; and
WHEREAS, the City of West Covina is concerned that the unregulated renting of
individual rooms within dwellings is detrimental to the health safety, peace, or general welfare of
persons residing or working in the vicinity thereof, and
WHEREAS, the City of West Covina is further concerned that the unregulated renting of
individual rooms within dwellings is detrimental to the use, valuation and enjoyment of
surrounding properties or improvements in the vicinity thereof; and
WHEREAS, the City of West Covina is further concerned that there is no current
mechanism for assuring that the dwellings from which individual rooms are being rented are of
adequate topography, size and shape to accommodate their intended use, or that the intended use
is consistent with the City's General Plan; and
WHEREAS, Article X1, section 7 of the California Constitution authorizes any city to
make and enforce within its limits all local, police, sanitary and other ordinances not in conflict
with the general laws of the State; and
WHEREAS, prior court decisions have interpreted Article XI, section 7 as conferring
broad discretion upon a city to determine what is reasonable in endeavoring to protect the public
health, safety, morals and general welfare of the community; and
WHEREAS, the United States Supreme Court has further held that comprehensive
zoning regulations lie within the police power of local governments; and
WHEREAS, the City of West Covina wishes to impose regulations upon the renting of
individual rooms within dwellings in order to protect the health, safety, morals and general
welfare of the community; and
WHEREAS, the Planning Commission of the City of West Covina finds and determines
• that by requiring any person, including any form of business entity, to obtain a Conditional Use
Permit prior to renting more than two rooms in any dwelling, for occupancy by three or more
individuals, the City will assure compliance with local and state laws, thus protecting the health,
safety, morals and general welfare of the community; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
Ordinance No. 2156
November 21, 2006
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1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to establish
standards for roominghouses on 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. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 06-02 is hereby found to be consistent with the West Covina General Plan and
implementation thereof.
SECTION. 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. 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 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 2 1 " day of November, 2006.
Mayor Stev Her ert
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 7`h day of November 2006. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 21s` day
of November 2006, by the following vote:
AYES: Hernandez, Lane, Sanderson, Touhe,
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM:
City ttomey nold Alvarez-Glasman
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"EXHIBIT A" of Attachment No. 1
Section 26-63 of the West Covina Municipal Code is hereby amended to read as follows:
• men.
Dwelling. A building or portion thereof designed and used exclusively for residential
purposes and occupancy, with exception of permitted home occupations, including
single family, and multiple dwellings, but shall not include hotels or motels, boarding or
Family. Familv means an individual or grouu of individuals, related or
unrelated, living together as a single housekeeping unit, including necessary
servants. A family does not include institutional group living situations such as a
residential facility, rest home dormitory, or similar use nor does it include such
commercial grout/ living arrangements such as a roominghouse, motel, hotel, or
similar uses.
Motel er MRo ist-watt. A group of attached buildings containing individual sleeping
units or suites available to the transient public for compensation where a majority of such
units open individually and directly to the outside, and where a garage is attached or a
parking space is conveniently located to each unit, all for the temporary use by automobile
tourists or transients where such an individual remains as a guest of the establishment less
than thirty (30) days; and such words of this definition shall include ftu or eourts a .d-motor
lodges.
Kest homer -�. A facility eperated as a boarding hettse, an in which nursing,
dietary and other personal services are furnished to invalids and aged persons; but in which
are kept no persons suffering froth a mental sickness, mental disease, mental disorder or
mental ailment or from a contagious or communicable disease, and in which arc performed
no surgical or other primary treatments such as are customarily provided in sanitariums or
hospitals or in which no person are kept or served who normally would be admittable to a
mental hospital.
Roominghouse. A residence or dwelling, other than a hotel, motel or rest
home, wherein either three or more rooms are rented, or housing is provided to three
or more individuals under three or more separate written or oral rental agreements,
lodger agreements leases or subleases or combination thereof, regardless of whether
the owner, agent or rental manager resides within the residence.
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Ordinance No.2156
November 7, 2006
Section 26-597 of the West Covina Municipal Code is hereby amended to read as follows:
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Rest homes and
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Roominghouse
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Section 26-189 is hereby added to the West Covina Municipal Code to read as follows
Sec. 26-189. Nonconforming Roominghouses
All Roominghouses. including those uses Dreviousiv identified or defined as
"Boardinghouse" or "lodging house" (as defined in provisions of this Chapter 26), which
lawfully exist, but are nonconforming to the Municipal Code of the City of West Covina,
may continue, provided no structural alterations are made thereto; and further provided that
such nonconforming use shall be discontinued no longer than one year from December 21,
2006, unless within sixty_(60) days prior to December 21, 2007, the owner or operator of the
Roominghouse, including a "Boardinghouse" or `lodging house" as previously identified
and defined in this Chapter 26 files an application for a conditional use permit pursuant to
Division 3 of Chapter 26 of the Municipal Code of the City of West Covina Municipal Code.
In order for a Roominghouse to continue to operate within any residential zones the
operator must have obtained a conditional use permit.
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