Ordinance - 2184ORDINANCE NO.2184
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 DEFINITIONS,
PERMITTED USES, DEVELOPMENT STANDARDS, AND THE
ESTABLISHMENT OF THE DESIGN REVIEW SUBCOMMITTEE IN
SINGLE-FAMILY RESIDENTIAL ZONES (CODE AMENDMENT NO. 08-
03)
WHEREAS, Code Amendment No. 08-03 is a City -initiated code amendment regarding
permitted uses, development standards, and the establishment of the Design Review Subcommittee
in single-family residential zones; and
WHEREAS, the Planning Commission, on the 22°d day of July, 2008, conducted a study
session; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 23rd day
of September, 2008, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission adopted Resolution No. 08-5298 recommending to the City Council
approval of Code Amendment No. 08-03; 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 2nd day of December, 2008; 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 update,
clarify, and establish standards for 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. 08-03 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: 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.
Ordinance No. 2184
Page 2
APPROVED AND ADOPTED on this 161h day of December 2008.
i
Mayor R ger Hernandez
ATTEST:
City Cler aurie Carrico
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 2nd day of December 2008. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 161h day
of December 2008, by the following vote:
AYES: Herfert, Lane, Sanderson, Touhey, Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
l,,
�' i. A, �'-
Cily Attorney d Alvarez-Glasman
EXHIBIT A
Section 26-63. Definitions.
Accessory building or structure. A part or the whole of a building or structure, the use of which
is subordinate and incidental to the main use and/or structure. Where fifty (50) percent or more
of the wall of an accessory building or structure constitutes a common wall with the main
building, or where less than fifty (50) percent of the wall of the accessory building or structure
constitutes a common wall with the main building but in which wall there is contained an
opening that permits direct pedestrian passage from one to the other, then such an accessory
building or structure shall be considered a part of the main building.
Canopy structure. A sheet of flexible material, fabric or membrane such as nylon, plastic, or
other similar material that is supported by or attached to a frame having a location on the ground
and made of fiberglass, metal, wood or plastic or any other similar material. Canopy structures
may be used as tents or to provide shelter or covering for storage of automobiles, boats,
recreational vehicles, or other similar uses. Canopy structures include but are not limited to,
prefabricated canopies ready-made for simple assembly, and canopies which are built,
constructed or composed of parts joined together in some definite manner, but excludes awnings
attached to buildings and temporary coverings used to protect property during governtnent-
ordered aerial sprayings.
Porte Cochere. A porch roof projecting over a driveway at the entrance to a building and
sheltering those getting in or out of vehicles.
Sec. 26-206. Notices.
(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 subject site and to the two (2) properties on both sides of the subject site in the
case of applications for secondary driveways.
b. One -hundred -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. Three -hundred -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, two-story additions, large accessory building, retaining walls, building and
roof -mounted wireless telecommunication antennae facilities, postal service uses, and
computer game/internet access centers as defined in section 26-685.2.
ARTICLE VIII. RESIDENTIAL AGRICULTURAL ZONE/SINGLE FAMILY ZONE
Exhibit A - Ordinance No. 2184 Page 1
DIVISION 1. GENERALLY
Sec. 26-391. Permitted uses.
No building or improvement or portion thereof shall be erected, constructed, converted,
established, altered or enlarged nor shall any lot or premises be used except for one or more of
the following purposes:
(a) One single-family dwelling per lot.
(b) Accessory buildings.
(1) Accessory living quarters or guest houses as defined in section 26-63.
As such, these structures are regulated by the underlying development
standards of the particular zone and area district.
To ensure appearance and character of the residential R-1 zone is
maintained, while at the same time acknowledging the capacity of the
existing infrastructure, the following regulations are established:
a. Maximum size: 640 square feet.
b. One such accessory use is permitted per lot and is allowed to
be constructed above a garage except when said garage is located
in the rear yard as per section 26-407. The placement of windows
on second story guest houses shall be sensitive to the privacy of
adjacent property owners.
c. The property owner shall be required to record a deed
restriction limiting the use of the guest house or accessory living
quarter as stated in section 26-63 of the West Covina Municipal
Code. Said deed restriction shall be provided to the planning
division prior to the issuance of a building permit.
d. Whenever any expansion or alteration to a building, garage or
guest house is designed with multiple hallway entrances, multiple
toilet and bath facilities or bar sink installations, so that it can be
easily divided into or used for separate apartments or guest houses,
then provisions of section 26-391(b)(1) a--c shall apply.
(2) Non habitable accessory buildings or structures, including , but not
limited to the following:
a. Garages,
b. Carports,
c. Workshops
d. Storage rooms or sheds,
e. Detached patio covers.
(c) In the R-A zone only, agricultural crops for sale.
(d) Private greenhouses and horticultural collections.
(e) The following poultry and animals of such type, size and number so as not to
be capable of inflicting harm or discomfort or endangering the peace, health or
safety of any person or property.
(1) Household pets: Provided that not more than three (3) adult dogs, or
four (4) adult cats or one (1) miniature pot-bellied pig (subject to the
approval of a miniature pot-bellied pig permit) or a combination of three
(3) such animals may be kept on any lot unless a conditional use permit
has been granted authorizing the development, maintenance and operation
of a hobby kennel on the lot, or as otherwise permitted pursuant to an
approved miniature pot-bellied pig permit.
(2) Poultry (hens only in the R-1 zone) and pigeons, provided that not
more than twenty-four (24) birds are maintained on any lot or parcel.
Exhibit A - Ordinance No. 2184 Page 2
(3) Domestic homing pigeons, in excess of twenty-four (24) birds and not
more than sixty (60) birds on any lot or parcel, are subject to the approval
of an administrative use permit and the standards listed below. Domestic
homing pigeons are defined as members of the family Columbidae, and
include "Racing Pigeons," "Fancy Pigeons," and "Sporting Pigeons" as
defined by the American Racing Pigeon Union and can be identified by a
numbered leg band issued by a recognized national or state pigeon
organization or other organization recognized by the City of West Covina.
a. A detailed plan of the loft showing its location on the property
and evidence of membership and/or certification by one (1) of the
above -mentioned organizations shall be submitted in conjunction
with the administrative use permit application.
b. The loft shall be of sufficient size and design, and constructed
of such material, that it can be maintained in a clean and sanitary
condition.
c. No loft structure shall be closer than ten (10) feet to any
separate accessory building.
d. Lofts and pigeons shall be not less than thirty-five (35) feet
from any habitable building and not less than one hundred (100)
feet away from any school or hospital.
e. All feed for pigeons shall be stored in sealed containers in a
manner as to protect against intrusion by rodents and other vermin.
f. No more than thirty (30) pigeons shall be released for training
and exercised at one (1) time.
g. The hours in which exercising/training may occur are limited
by the administrative use permit.
h. Each pigeon shall not be allowed out of its loft more than one
(1) time in a 24-hour period.
i. Pigeons shall not be allowed out of their loft except for
exercising/training or when being transported for a flight.
j. Facilities and equipment shall be cleaned daily and maintained
in a clean and healthy condition.
k. No one shall release pigeons to fly for exercise, training or
competition except in compliance with the following:
1. The owner of the pigeons must be a member in good
standing of an organized pigeon club, such as the American
Racing Pigeon Union, Inc., the International Federation of
Racing Pigeon Fanciers, the National Pigeon Association,
the American Tippler Society, the International Roller
Association, the Rare Breeds Pigeon Club, or a local club
which has rules that will help preserve the peace and
tranquility of the neighborhood.
2. Pigeons shall not be released for flying which have
been fed within the previous four (4) hours.
1. All pigeons shall be banded and registered with one (1) of the
national pigeon associations/registries.
(4) Rabbits, chinchillas, hamsters and other small animals raised for:
a. Food or scientific fur bearing purposes, in the R-A zone only.
b. Domestic noncommercial use in the R-A and R-1 zones.
provided not more than a total of twenty-four (24) of such animals and
birds described in paragraphs (2) and (3) may be maintained on a site (in
both R-A and R-1 zones).
Exhibit A - Ordinance No. 2184 Page 3
(5) In area Districts III, IV and V, bovine animals, sheep and goats or any
combination thereof in the R-A zone, may be maintained on sites having
at least twenty thousand (20,000) square feet, provided that the following
ratio of animals to lot area is maintained and that they are owned only by
persons residing on the parcel:
No. of Animals
Lot Area
I..........
20,000 sq. ft.
2..........
35,000 sq. ft.
3..........
43,560 sq. ft. (one acre)
(6) In area districts III, IV and V, horses may be maintained on lots of
twenty thousand (20,000) square feet or greater.
a. The number of horses over nine (9) months of age permitted to
be maintained shall be as follows:
No. of Horses
Minimum Lot Area (square feet)
2..........
20,000
3..........
27,500
4..........
35,000
5..........
42,500+
b. For lots that abut a "special facilities park," the number of
horses permitted to be maintained shall be increased as follows:
No. of Horses
Minimum Lot Area (square feet)
2..........
20,000
3..........
25,000
4..........
30,000
5..........
35,000+
c. The keeping of horses under ten (10) months of age are not
subject to the limitations stated above.
(7) An additional number of horses, bovine animals, sheep or goats in
excess of those permitted under subparagraphs (4) and (5) above may be
maintained up to a maximum of ten (10), subject to the granting of a
conditional use permit pursuant to section 26-246.
(8) Commercial boarding or breeding of horses may be permitted subject
to the granting of a conditional use permit pursuant to section 26-246.
(9) Animals listed in subparagraphs (4) and (5) must be kept within a
corral, pen, or other suitable enclosure maintained so as to confine such
animals. In addition, horses must be provided with a corral or stable area
of the following minimum sizes:
a. Corral: Two hundred forty (240) square feet per horse;
minimum dimensions of twelve (12) feet by twenty (20) feet;
b. Stable: Twelve (12) feet by twelve (12) feet per horse.
Corrals shall be a minimum of five (5) feet in height and shall be
constructed of material to adequately confine the horses.
Exhibit A - Ordinance No. 2184 Page 4
(10) Barns, corrals, or stables constructed to maintain a horse or any
animal mentioned in subparagraphs (4) and (5) above shall be separated
by not less than thirty-five (35) feet from any residence or other structure
used for habitable purposes or any swimming pool or spa on the same lot,
and not less than fifty (50) feet from any residence or other structure used
for habitable purposes or any swimming pool or spa on adjacent lots.
(11) The location of barns, corrals, or stables shall comply with section
26-391. A barn, corral, or stable may be located within fifty (50) feet of a
front property line at the discretion of the planning director or his designee
where the design and appearance of such structures is determined to be
harmonious with and complementary to that of surrounding properties.
(12) Refuse from animals mentioned in subparagraphs (4), (5), and (6)
above shall be stored in water -tight receptacles with close fitting lids or
stockpiled for composting. The outer layer of manure shall be covered
with polyethylene tarp and sealed by covering the edges with soil for
animal composting. Stored animal refuse shall be disposed of not less than
once per week.
(13) Barns, corrals, or stables shall be cleaned and maintained on a
weekly basis such that dust, flies, and odors shall not be detectable from
adjacent properties.
(14) Notwithstanding the poultry and animals permitted to be kept
pursuant to paragraphs (1) through (13) above, no wild and dangerous or
wild and potentially dangerous animal or animals (as defined in section 6-
1 of this code) shall be brought into, kept, harbored, possessed, liberated,
or maintained on any portion of any lot or within any building or structure
thereon.
(i) This prohibition shall not apply to any offspring of any legally
kept wild animal until such offspring reaches an age of four (4)
months.
(ii) This prohibition shall not apply to any circus or show
involving the temporary exhibition of wild animals when otherwise
permitted under this Code.
(f) Garage sales. (See requirements in section 14-101 to 14-104)
(g) Home occupations as set forth in article XII, division 5 of this chapter.
(h) State -authorized small family day care.
(i) State -authorized residential care facilities (6 or fewer clients).
(Code 1960, §§ 1071, 10701.01--10701.09; Ord. No. 1441, § 1, 5-29-79; Ord. No. 1450, § 1, 8-
13-79; Ord. No. 1488, § 17, 8-25-80; Ord. No. 1530, § 1, 2-8-82; Ord. No. 1574, § 1, 1-24-83;
Ord. No. 1603, § 1, 8-22-83; Ord. No. 1628, § 1, 3-12-84; Ord. No. 1855, § 2, 8-13-90; Ord. No.
1857, § 2, 8-27-90; Ord. No. 1917, § 2, 4-20-93; Ord. No. 1922, § 2, 6-1-93; Ord. No. 1959, § 2,
9-5-95; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2039, § 3, 6-15-99, Ord. No. 2060, § 3, 10-3-00;
Ord. No. 2153, § 3, 9-19-06)
See. 26-401.5. Maximum unit size.
(a) The maximum size of units in developmental areas shall be governed by the following table:
Lot size (sq. ft.):
Maximum Unit Size (Gross Floor Area in Sq. Ft.)
All lots within Area
District -IA only
0.50 FAR for first 5,000 sq. ft. of lot area
0.35 FAR for remaining lot area in excess of 5,000 sq. ft.
Exhibit A - Ordinance No. 2184 Page 5
Under 20,000
.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.
(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 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. 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) Any new second -story addition, or second -story addition to an existing two-story house shall
be subject to the approval of an administrative use permit pursuant to the procedures outlined in
Article VI, Division 5 of this Chapter 26, commencing at Section 26-270 and to findings outlined
in Section 26-296.1300.
(f) 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.
(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)
See. 26-402.Off-street parking.
Exhibit A - Ordinance No. 2184 Page 6
(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 (e) below.
(b) All covered parking spaces shall be enclosed on three (3) sides and roofed unless 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. Porte cocheres may be allowed when visible from the street if the
architectural style and materials are consistent with the house, subject to the review and approval
of the planning director.
W Garages and carport shall have a minimum interior 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) (c) of this
section, and any front, side and rear yards as regulated by this article.
(d) Garages or carports opening towards a side street shall be set back a minimum of twenty-
two (22) feet from the property line.
(e) No off-street parking spaces established prior to January 1, 1964, by permit, shall be
considered nonconforming.
(1) Except as set forth in subsection (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.
(f) In 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:
Gross Unit Size
(Sq. Ft.)
Additional Number of Required Off -Street Parking
(Exclusive of Attached
Spaces
Garages)
4000--5499
1
5500--7000
2
7001--8000
3
As per an approved CUP or maximum unit size
8001+
exception
Said additional space(s) may, but need not, be provided in a carport or garage. The minimum
required dimensions for uncovered spaces shall be eight (8) feet by sixteen (16) feet.
(g) Garages which are intended to accommodate four (4) or more cars shall not open to any
public street, unless designed as a subterranean garage.
Exhibit A - Ordinance No. 2184 Page 7
Sec. 26-405.7. Second story setbacks.
(a) Front Yard: When the first story of an existing single-family structure is built within thirty
(30) feet or less of the front property line, the front yard setback of any future second story
addition or expansion shall be a minimum of thirty (30) feet, except that in Area District IA it
shall be twenty-five (25) feet, as measured from the front property line.
(b) Side Yard: When the first story of an existing single-family structure is built within ten (10)
feet or less of the side property line, the side yard of any future second story addition or
expansion shall be a minimum of ten (10) feet. The following exception may be allowed, per
Planning Director review and approval, in cases where an existing second -story has a second -
story setback that is less than ten (10) feet on an elevation:
(i) Said side yard second story setbacks may be the same as the existing second story
setback if no portion of a building or structure (existing or proposed) encroaches
through a plane projected from the upward angles indicated below as measured at
a point ten (10) feet above the finished grade level along the side property line
toward the opposing side property line:
Lot Width
Angle (degrees)
Less than or equal to 75 feet
55
Greater than 75 feet and less than 95 feet
50
Greater than or equal to 95 feet
45
(ii) Said side yard second story setback shall not be required along any side yard which
abuts property zoned for or developed with a nonresidential use (e.g. schools and parks)
or a public right-of-way, flood control channel, or utility easement upon which no
residential structures may be developed.
(c) As used in this section, second story setback shall also apply to any portion of the
first story consisting of unused air space such as an open beam or vaulted ceiling area
(excluding roof and attic space) and measuring twelve (12) feet above the finished floor
of the first story.
(d) The second story setbacks stated in subsections (a) and (b) above shall not be
required in Area Districts IV and V for developments which utilize the additional height
provisions pursuant to section 26-403(d).
(Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92)
Sec. 26-407. Permissible coverage of required yards.
Sixty_ (60) percent of the required rear yard in R-A and R-1 zones shall remain open; and the
remaining forty (40) percent of the required rear yard may be covered by single story
construction with a height of no greater than 15 feet. No construction shall be permitted within
five (5) feet of the rear property line.
(Code 1960, § 10702.07; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-408.5. Accessory buildings.
Accessory buildings, or the sum of accessory buildings, except guest houses, shall be a
maximum of 1,000 square feet. Accessory buildings greater than 1,000 square feet may be
granted subject to the approval of a large accessory building administrative use permit pursuant
to the procedures outlined in article VI, division 5 of this chapter and to findings outlined in
Section 26-296.1300.
Sec. 26-409. Mechanical equipment and lighting in RA/R-1 zones.
Exhibit A - Ordinance No. 2184 Page 8
(a) Mechanical equipment shall not be permitted in the required side yard or front yard.
(b) Mechanical equipment shall not be permitted within five (5) feet of the portion of a
rear property line that abuts an adjoining required side yard.
(c) Air conditioning and heating ducting shall not be exposed on roofs.
(d) Roof -mounted mechanical equipment may be allowed, per Planning Director
approval, as follows:
(1) The house does not have an attic;
(2) The unit is not visible from the street and can be screened from all ground level
views;
(3) A detail of the screening material and construction method shall be provided
and shall be architecturally compatible with the building.
(e) Lighting shall be designed, installed, and maintained in such a manner that
illumination spillover from such lighting does not exceed 2.0 foot candles above ambient
illumination levels onto another residential property and glare spillover from such
lighting will not negatively impact another residential property.
(1) Illumination and/or glare spillover onto other property shall be measured
from any point five (5) feet above natural grade on a vertical plane on the other
property. Ambient illumination shall include only non -artificial light and street
lights present exclusive of the offending light source.
(2) If, upon inspection by authorized city staff, it is determined that a violation of
this section is occurring, the planning director may require mitigation measures in
order to minimize impacts, including, but not limited to: Relocation (setback,
height restrictions) of the fixture, reduction of lamp wattage, the installation of
hoods, shields, louvers, or other fixtures accessories to redirect light, the
installation of coated or frosted lamp covers to soften glare, the re -aiming of the
fixture, or the placement of landscaping or fencing as barriers.
(3) Sports court lighting shall be subject to the same standards and require the
review and approval of the planning director prior to installation. During this
review, photometric data and other information needed to determine compliance
with these standards may be required by the planning director.
(4) The restrictions of this subsection shall not apply to decorative, temporary,
seasonal incandescent lights in place and in use during the period from November
1 and January 31.
(Code 1960, § 10702.09; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1364, § 1, 12-27-77; Ord. No.
1956, § 2, 3-7-95; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-413. Wall, fence or hedge permitted.
(a) Within required front yard. Except as otherwise stated below, walls, fences, and
hedges within the required front yard shall not exceed a maximum height of forty-two
(42) inches (3 feet, 6 inches). Nonsolid walls and fences in excess of forty-two (42)
inches and up to a maximum height of six (6) feet may be erected provided that the
portion in excess of forty-two (42) inches shall be constructed of decorative wood,
wrought iron, tubular steel, or like material such that at least seventy (70) percent of the
plane of the fence or wall in excess of forty-two (42) inches in height is open. Columns,
posts, and pillars may be incorporated into the design of the fence or wall if the
requirement for visibility is met.
(1) Corner cutback area. On corner lots, walls, fences, .hedges, trees, or other
physical obstructions shall not exceed a maximum height of thirty-six (36) inches
(3 feet) within a triangular area formed by lines extending fifteen (15) feet along
the front and side property lines from the intersecting point of the front property
line and street side property line, and a diagonal line connecting the two (2) lines.
Exhibit A - Ordinance No. 2184 Page 9
(b) Within areas other than required front yard. Walls and fences within areas other
than the required front yard shall not exceed a maximum height of six (6) feet, with the
exception that walls and fences in excess of six (6) feet and up to a maximum height of
seven (7) feet may be permitted subject to approval of an administrative use permit
pursuant to the provisions of sections 26-270 through 26-274. Such walls and fences in
excess of six (6) feet shall require the issuance of a building permit.
(1) Findings. Before an administrative use permit may be granted for a wall or
fence in excess of six (6) feet, the following findings shall be made:
a. That the proposed wall or fence is needed to provide safety, security,
and/or privacy for the subject property-
b. That the proposed wall or fence will not unreasonably disrupt access to
light and views or otherwise infringe upon the use and enjoyment of
adjacent properties.
c. That the proposed wall or fence has been designed in an architecturally
integrated manner and utilizes materials that are complimentary to and
compatible with the surrounding area.
(c) Reverse corner lots. For single-family residential corner lots where the house has the
frontage facing the side yard, the front yard for fencing purposes, shall be subject to the
approval of the Planning Director. In such cases, notification of the adjacent property
owners shall be required prior to approval by the Planning Director.
(d) Walls and fences adjacent to arterial streets. For single-family residential lots,
walls, fences, and hedges along the side and rear property lines adjacent to the rights -of -
way of streets designated as principal or minor arterials on the master plan of streets and
highways shall be permitted up to a maximum height of eight (8) feet, provided that walls
and fences in such locations shall also be subject to the height restrictions contained in
subsection (a) (1) and (e), where applicable. Such walls and fences in excess of six (6)
feet shall require the issuance of a building permit. In locations described above, a
masonry wall eight (8) feet in height shall be required on lots for which building permits
for new single-family residences are obtained after 1989.
(e) Hedges adjacent to arterial streets and commercial zones. For single-family
residential lots, hedges along the side and rear property lines adjacent to the rights -of -way
of streets designated as principal or minor arterials on the master plan of streets and
highways and adjacent to commercially -zoned properties shall be permitted up to a
maximum height of ten (10) feet, provided that hedges in such locations shall also be
subject to the height restrictions contained in subsections (a)(1) and (f), where
applicable.
(f) Driveway cutback area. Where a driveway provides direct access to a street (not
including alleys), no hedge, solid wall or fence in excess of forty-two (42) inches in
height shall be permitted within a triangular area formed by one line extending along the
edge of the driveway for the first ten (10) feet inward from the inner edge of the sidewalk
or the edge of the street (if no sidewalk exists), one line extending outward ten (10) feet
at a ninety (90) degree angle from the first line, and a diagonal line connecting the two
lines. Nonsolid walls and fences up to a maximum height of six (6) feet may be erected
provided that the portion in excess of forty-two (42) inches shall be constructed of
decorative wood, wrought iron, tubular steel, or like material such that at least seventy
(70) percent of the plane of the fence or wall in excess of forty-two (42) inches in height
is open. Columns, posts, and pillars may be incorporated into the design of the fence or
wall if the requirement for visibility is met. This restriction shall apply to all portions of
the triangular area encompassing the subject and any adjoining properties.
(g) Construction material. All walls and fences shall be constructed of appropriate and
durable materials, such as wood, wrought iron, tubular steel, concrete, brick, stone, or
similar material. Materials of poor quality or unattractive appearance, such as unfinished
plywood, fiberglass, corrugated metals, and bare metal wire (whether barbed, razor, or
smooth) shall be prohibited. The use of chain link fencing material shall be prohibited
within the required front yard area.
Exhibit A - Ordinance No. 2184 Page 10
(h) Maintenance. Maintenance and repair of all walls and fences adjacent to street
rights -of -way relating to aesthetics and structural safety, such as paint, mortar, loose
blocks, or damaged sections, shall be the sole responsibility of the owner of the property
on which the wall is located. Graffiti removal shall be subject to the provisions of chapter
15, article V of the West Covina Municipal Code.
(i) Standards. Where more than one (1) of the above standards apply to the same area,
the more restrictive standard shall apply.
(Code 1960, § 10702.12; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1389,§ 1, 6-26-78; Ord. No.
1808, § 1, 2-13-89; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2029, § 3, 3-16-99; Ord. No. 2030, §
4, 4-20-99; Ord. No. 2047, § 3, 1-18-00; Ord. No. 2094, § 2, 1-21-03 )
Sec. 26-418. Planning Commission Subcommittee for Design
(a) Purpose. The purpose of design review of single-family residences is to ensure quality
development, promote orderly development of the city, conserve property values, preserve the
architectural character of an area, and to promote harmonious design that is complimentary to
adjacent properties.
(b) Subcommittee created. A subcommittee of the Planning Commission shall be established
consisting of two members of the Planning Commission to be appointed by the Chair of the
Planning Commission. An alternate subcommittee member shall be appointed by the chair to
serve in the event that one of the two members is absent.
(c) Meetings. The subcommittee shall meet regularly in open meeting at a time to be
determined by the subcommittee.
(d) Review required. No building permit shall be issued for the following. types of
improvements to single-family residences prior to subcommittee review:
1. New construction of single-family residences.
2. Structural additions or modifications on the front elevation of a residence.
3. New second -story additions to one-story residences.
4. New second -story additions to two-story houses.
5. New balconies.
6. Other modifications that are readily visible from a public right-of-way.
(e) Review authority. The subcommittee may approve, conditionally approve, forward the
project to the Planning Commission, or disapprove applications.
(f) Basis for approval. The subcommittee shall consider the following criteria:
1. New development, or alterations of existing development should utilize building
materials, color schemes, roof style, and architecture that is visually harmonius
with the subject property and surrounding neighborhood.
2. Vertical and horizontal articulation of building facades should be used to avoid
long, uninterrupted exterior walls on residences. All structures should have relief
to create an interesting blend and enhance the architecture.
Exhibit A - Ordinance No. 2184 Page 11
3. Roof lines should be reasonably compatible with the design and scale of
surrounding structures. Vertical and horizontal roof articulation is encouraged to
avoid long monotonous, flat sections of roof.
4. The scale and mass of the building should relate to surrounding structures. The
height and bulk of the building should be in scale with buildings on surrounding
sites and should not visually dominate their sites or call undue attention to
themselves.
5. The buildings should include a variety of materials and colors. Materials shall be
consistently applied and should be chosen to be harmonious with surrounding
structures. Piecemeal embellishments and inconsistent materials and architecture
should be avoided.
(g) Notice of Action. The planning director shall notify the applicant of the decision of the
subcommittee within ten days of the decision. The notification shall be in writing and state the
reasons for approval, conditional approval, denial or transfer to the Planning Commission.
(h) Appeal. Any decision by the subcommittee may be appealed by the applicant to the
Planning Commission. A written appeal shall be filed with the planning director within ten days
after a written decision is mailed to the applicant.
(i) Expiration. Building permits to construct improvements approved by the subcommittee
shall be issued within one year of the date of approval or the approval will automatically expire.
Exhibit A - Ordinance No. 2184 Page 12
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CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2184 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3`d floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Posted: December 17, 2008
Susan Rush, Assistant City Clerk