Ordinance - 2260ORDINANCE NO.2260
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 ACCESSORY
LIVING QUARTERS (PREVIOUSLY KNOWN AS GUEST HOUSES)
WHEREAS, on the l Ph day of February, 2014, the Planning Commission initiated a code
amendment to revise standards for guest houses/accessory living quarters; and
WHEREAS, the Planning Commission held a study session on the l lth day of March,
2014; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 22"d
day of April, 2014, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 22"d day
of April, 2014, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 14-5610 recommending to the City Council
approval of Code Amendment No. 14-02; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at duly advertised public
hearings on the 3`d day of June, 2014 and the 17th day of June, 2014; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Guest Houses/Accessory Living Quarters have been allowed by right to be constructed on
single-family parcels. They are permanently constructed living quarters without kitchen or
cooking facilities and are clearly subordinate and incidental to the main dwelling unit.
2. Currently, the Code does not regulate the placement of the structure within the property.
3. It is appropriate to review the standards applicable to Guest Houses/Accessory Living
Quarters to determine if the current standards are appropriate, if there should be some type
of discretionary review or whether this type of structure serves the community as envisioned
when first allowed.
4. 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 ordain as
follows:
SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if
set forth herein in full.
SECTION NO. 2: Based on the evidence presented and the findings set forth, Code
Amendment No. 14-02 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof and that the public necessity, convenience, general welfare, and good
zoning practices require Code Amendment No. 14-02.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves Code Amendment No. 14-02 to amend Chapter 26
(Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
Ordinance No. 2260
Page 2
SECTION NO. 4: If any part of this Ordinance, or its application to any person or
circumstance, is held to be invalid, the remainder of the ordinance, including the application or
provision to other persons or circumstances, shall be not be affected and shall continue in full
force and effect. To this end, the provisions of this ordinance are severable.
SECTION NO. 5: The City Clerk shall certify to the passage and adoption of this
ordinance, causing it to be posted or published as required by law and it shall be effective thirty (30)
days after its adoption.
APPROVED AND ADOPTED on this Is` day of July, 2014.
ATTEST:
, &.A I 01�� -
City Clerk Nick las S. Lewis
I, NICKOLAS S. LEWIS, 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 171h day of June, 2014. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1st day of
July 2014, by the following vote:
AYES: Spence, Sykes, Toma, Herfert
NOES: None
ABSENT: Warshaw
ABSTAIN: None
APPROVED AS TO FORM:
C' Attorney Arnold Alvarez-Glasman
I � 44 1 aya,
City Clerk Nickolas S. Lewis
Ordinance No. 2260
Page 3
Exhibit A
Section 26-63 of Article II of Chapter 26 of the West Covina Municipal Code, concerning
definitions, is amended by inserting the following definitions in their respective
alphabetical order to the existing list of definitions:
"Bedroom. A bedroom is a room used for sleeping purposes that is separable from other
rooms by a door and accessible to a bathroom without crossing another bedroom or living
room, whether designated as a bedroom or den, study, library, bonus room, media room,
or other similar term. A dining room, living room, kitchen, hall, closet, powder room,
Pantry, kitchen nook, laundry room, garage, and bathroom shall be specifically excluded,
without limitations.
Guest _ccessory living quarters. Living quafler-s within an aecessert, building fef the
sole use of per -sons empleyed on the pfemises, or- more temper-af), use by guests of the oeeupa
sepafate-dwelling. A permanently constructed living quarters, separate from the primary
residence, and having no kitchen facilities, which is clearly subordinate or incidental to the
Primary residence on the same lot. The accessory living quarters may include only a
sleeping area, living area, and bathroom within an attached or detached accessory
structure and for use by guests or occupants of the primary residence. The accessory living
quarters shall not be separately rented, leased or let (by direct or indirect compensation) or
otherwise occupied separately from the primary residence.
Pool bathroom or detached bathroom. A bathroom that is detached and incidental to the
house for the purpose of use by individuals outside the house and having only an exterior
entrance to access the bathroom."
Section 26-391 of Division 1 or Article VIII of Chapter 26 of the West Covina Municipal Code,
concerning permitted uses in specified residential zones, is amended to read as follows:
"Sec. 26-391. - Permitted uses.
No building or improvement or portion thereof in the Residential Agricultural Zone (R-A) or
the Single -Family Residential Zone (R-1) shall be erected, constructed, converted, established,
altered or enlarged nor shall any lot or premises be used except for one (1) or more of the
following purposes:
(a) One single-family dwelling per lot. Any additions or accessory buildings shall
maintain architectural consistency with the house regarding roof profile and pitch,
materials, colors, roofing, scale, exterior treatment and details.
(b) Accessory buildings.
(1) Accessory living quarters as allowed per section 26-391.5.
(2) Second dwelling units as allowed per article XII, division 11.
Ordinance No. 2260
Page 4
Mar. Mr. EMPTr5opMor"nor. M
(2) Nonhabitable 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.
L Pool bathroom or detached bathroom
(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.
(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.
Ordinance No. 2260
Page 5
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.
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).
(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 Lot Area
Animals
1 ..... 1 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.
Ordinance No. 2260
Page 6
a. The number of horses over nine (9) months of age permitted to be maintained
shall be as follows:
No. of
Minimum
Horses
Lot Area
(square feet)
2.....
20,000
.
3.....
27,500
4 .....
35,000 j
5.....
42,500+
i
b. For lots that abut a "special facilities park," the number of horses permitted to
be maintained shall be increased as follows:
No. of Minimum
Horses Lot Area
(square feet)
2..... j 20,000
3..... j 25,000
4..... 1 30,000
5..... 1 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.
(10) The location of barns, corrals, or stables shall comply with section 26-405.5. 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.
Ordinance No. 2260
Page 7
(11) 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.
(12)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.
(13) 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 sections 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 (six (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; Ord. No. 2184, § 3(Exh. A), 12-16-08;
Ord. No. 2230, § 2(Exh. A, § 2), 5-15-12)
Section 26-391.5 of Division 1 of Article VIII or Chapter 26 of the West Covina Municipal
Code, concerning permitted uses in specified residential zones, is added to read as follows:
"Sec. 26-391.5. - Accessory Buildings, Habitable.
Purpose. The following regulations apply to habitable accessory buildings.
(a) Accessory living quarters as defined in section 26-63. These structures are regulated by
the underlying development standards of the particular zone and area district in
addition to the specific regulations contained in this section. An accessory living
quarters may only be located on lots with a primary residence and may be attached or
detached. 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 accessory living quarters shall be
sensitive to the privacy of adjacent property owners. The following regulations are
established:
(1) Size. An accessory living quarters shall be a maximum size of 640 square feet.
(2) Review Process. An administrative use permit shall be obtained prior to the
issuance of building permits to construct an accessory living quarters as
specified in article VI, division 5 of this chapter.
(3) Deed Restriction. The property owner shall be required to record a deed
restriction limiting the use of the accessory living quarters as stated in section
26-63 of the West Covina Municipal Code, allowing an annual inspection by City
staff, and providing the property owner shall be liable for cost recovery of any
City enforcement efforts necessary, as stated in Section 2-408, if the accessory
living quarters has been illegally modified. Said deed restriction shall be
provided to the planning department prior to the issuance of a building permit.
Ordinance No. 2260
Page 8
(4) Interpretation. Whenever any expansion or alteration to a building, garage or
accessory living quarters 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 accessory living quarters, then the
Planning Director may determine that it is an accessory living quarters.
(5) Parking Requirement. One covered parking space shall be required for the
accessory living quarters, in addition to parking requirements for the primary
house. In addition, accessory living quarters shall count toward parking
requirements specified in section 26-402.
(6) Distance Between Structures. The distance between the house and a detached
accessory living quarters shall be no less than twenty-five (25) feet.
(7) Rear Setback. An accessory living quarters shall comply with the required
twenty-five (25) foot rear setback as specified in section 26-407.
(8) Windows On Side Property Lines. Windows on accessory living quarters are
only allowed when the structure is located a minimum of (ten) 10 feet from a side
Property line, per Subcommittee review and approval.
(9) Architectural compatibility. The architectural style of the guest house in design
features, such as but not limited to, materials, colors, roofing, scale, exterior
treatment and details shall match the primary residence.
(10) Floor Plan., The guest house shall be limited to bedroom sleeping area, living
area and one bathroom.
(11) Location. Accessory living quarters may only be located behind the primary
residence and shall not be located within the area between the front property
line and a line parallel to the back of the primary residence.
Accessory living quarters (previously called guest houses) in existence prior to August
1, 2014 that became legally nonconforming due to the adoption of this section may
continue in existence and continue to be maintained and repaired. If such a legal
nonconforming accessory living quarters is partially or wholly destroyed by fire,
explosion, or other casualty or Act of God, it may be rebuilt to the same size, location
and configuration as it existed on August 1, 2014. Any accessory living quarters that is
rebuilt shall comply with the window standards (No. 8) and architectural compatibility
(No. 9) of this section, and shall be reviewed by the Subcommittee prior to the issuance
of a building permit. The intentional destruction or any addition to, or expansion of,
such structures, however, shall cause the requirements of this section to apply to the
renovation or reconstruction of such structure."
Section 26-418 of Division II of Article VIII of Chapter 26 of the West Covina Municipal Code,
concerning review by the Planning commission subcommittee, is amended to read as follows:
"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 (2) 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 (1) of the two (2) 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.
Ordinance No. 2260
Page 9
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. Accessory living quarters
67. 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 harmonious 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.
(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 (10) 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 (10) 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 (1) year of the date of approval or the approval will automatically
expire."
(Ord. No. 2184, § 3(Exh. A), 12-16-08)
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. -'� A & 0 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 (3ra floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, Assistant City Clerk
Posted: