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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: