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Ordinance - 2271ORDINANCE NO. 2271 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 SECOND DWELLING UNITS WHEREAS, on the 10"i day of December, 2013, the Planning Commission adopted Resolution No. 13-5548 initiating a code amendment to consider amending standards for second dwelling units; and WHEREAS, the Planning Commission held a study session on the 14d' day of October, 2014; and WHEREAS, the Planning Commission, upon giving required notice, did on the 9°i day of December, 2014, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the Planning Commission, upon giving required notice, did on the 9°1 day of December, 2014, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 14-5679 recommending to the City Council approval of Code Amendment No. 13-07; 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 3rd day of February, 2015 and the 17°i day of February, 2015; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to change the existing code requirements for second dwelling units to be in compliance with State Law. 2. A code amendment is proposed to amend code language to Article XII, Division 1 I (Second Dwelling Units). This section is being amended to remove the requirement for approval of a conditional use permit as required by State Law. Additionally, this section of the code has been amended to clarify terminology and standards and allow second dwelling units in all Area Districts in the City 3. The code is also being amended to clarify standards for ease of use and to revise the standards to be consistent with other sections of the Municipal Code. 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. 13-07 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. 13-07. 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. 13-07 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law and this Resolution shall go into force and effect upon its adoption. PASSED AND APPROVED on this 3rd day of March, 2015. APPROVED AS TO FORM: ��* A"�j Kimberly Ifall Barlow City Attorney ATTEST: Nickolas S. Lewis City-ClerK_ i 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 17`h day of February, 2015. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3`d day of March, 2015, by the following vote: AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: None ABSTAIN: None Ay - Nickolas S. Lewis. . City`Clerk - / EXHIBIT A CHAPTER 26 ZONING ARTICLE XII. - SPECIAL REGULATIONS FOR UNIQUE USES DIVISION 11. SECOND DWELLING UNITS Sec. 26-685.30. Purpose. The purpose of this division is to meet the need for new housing as declared by the state by reducing the barriers to the provision of affordable housing with the creation of second dwelling units on existing single-family lots. (Ord. No. 1606, § 1, 9-26-83; Ord. No. 2140, § 3, 7-19-05) Sec. 26-685.32.Defin itions. (a) "Beitem unit" means er is a dwelling tinit laeated on a seeond unit lot that is entire!), e1i the Bette... fleer of a ♦we star., building a .taro...,. d, first hand) second family unit (b) "First fa fl.:1.. nit" hereefte e f rred7 to as "first ...:t" isfing , , nca n`� or u�me rcouuE, r prvpwiv av be built, dwelling unit that eenforms te all fegula4iens ef the West Covina N4HflieipEd COde felffting te seetion 26 39 !(a) prier to the addition of a seeend dwelling unit, (e) 'Tf „t unit" means er is the dJ.. ell:..d.. nit IeeatedJ on a seeend nit let that is elosest t the front !at line E)f in the ease of eerner lots, the dwelling unit elosest te the lot line separatifig the !at ffem the street on whieh the building is addressed or if equal distanee 46M said let lines, the dwelling unit whieh would nefmally reeeive the lewef addfess n— leedatedl on separate let.. (da) "Owner -occupant" means or is that person, or persons, who demonstrates, to the satisfaction of the planning director, a fee -ownership interest in the subject property and, in addition thereto, resides in the existing single-family dwelling upon said property and is the applicant for the e nditi Pal e e ,flit a second unit. (b) "Primary unit" hereafter referred to as "Primary unit", means or is an existing or Proposed to be built, dwelling unit that conforms to all regulations of the West Covina Municipal Code relating to section 26-391(a) prior to the addition of a second dwelling unit. (e) "Rear unit" means or is a dwelling uHit leeated on a seeend unit lat eentaiiiing Efflether unit dlef...edl e e (rent unlit (€e) "Second-fam4y—unit" hereaftef f a means or is a dwelling unit detached from, or attached to, a ffP91--prlmary unit on a lot zoned for single-family residence. Such units do not affect the density designation of any specific or general plan. (gd)"Second-unit lot" means or is a lot containing a €trst primary unit and a second unit, legally established in a single-family zone. (h) "Top unit" means 4 is a dwelling unit leeated en a seeond unit lot that is entirely en the-tep fleer (exeept fer entranee and exit stairs or halls) of a twe stery building eentaining a fifs4 and seeend unit. (Ord. No. 1606, § 1, 9-26-83; Ord..No. 2140, § 3, 7-19-05) Sec. 26-685.34. Development standards. (a) A second unit may be constructed or established only on a lot containing a 4rs1-nEjmary unit located in a single-family residential zone., eiwept :.i ere distr:et.. nl Al, u second units shall he pfohibited. (b) A second unit shall have adequate water supply and sewer service. (c) A eenditioNal use HeY ~ ' second unit review shall be obtained prior to the issuance of building permits for a second unit (as specified in article V1, division 3 of this chapter) The nlieatien shell :nelude a ,, plan (as eeified V ai4iele I diN, siE)H 2), i'neltiding (d) Only an owner -occupant of the first a Primary unit shall be eligible to file an application for a ..enditional use permit for a second unit on the lot of the first Primary unit in which the he or she resides. (e) The development standards of the R-1 zone and the area district in which the second unit is located shall apply (as specified in article VIII, division 2 of this chapter) unless this division specifically permits or prohibits otherwise. (f) An., attael ed second unit shall previde include permanent provisions for living, sleeping, cooking and sanitation €aeilities. ^ seeefld ..nit when ,let..,.hed c m the , )dstin,. a...en:n,. tinit, shall pfevide permanent but separate reeflis fer living, sleeping, eoeWng and sanitatien. €ae-ilities. (g) Specific development standards: (1) Minimum site sizes for second -unit lots shall be: Area District Site Size (sq. ft.) IA 12,000 I 13,500 — --- — �I III 20,400 1V V -- � 26,000 ,000 r—I (2) The lot shall contain a first primary unit conforming to all regulations of the single- family zone. (3) All second dwelling units shall have a minimum dwelling area of five hundred (500) square feet. (4) A Ddetached second dwelling units shall be single story with a maximum dwelling area of six hundred forty (640) square feet. (5) A second unit that is attached and a part of the existing €rest Primary unit shall be limited to a maximum exterior expansion of thirty (30) percent of the li-w-ng dwelline area of the primary unit up to a maximum of six hundred forty (640) feet. (6) A second dwelling unit shall require one covered, accessible off-street parking space per bedroom. The planning director may require that the covered parking space be enclosed on three (3) sides and roofed, it' readily visible from the street. Garages and carports shall have a minimum clear length of twenty (20) feet and a width of ten (10) feet for each required space 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. These parking requirements are in addition to the required parking for main dwelling units as required in section 26-402. (7) Garages or carports opening towards a side street shall be set back a minimum of twenty-two (22) feet from the property line. (8) Distance between structures. The distance between the f+—A Primary unit and its a detached second unit and its shall be no less than twenty-five (25) feet. (9) Rear yard. a. A detached rear second unit shall have a required rear yard as provided in sections 26-406 and 26-407, except that no building other than one (1) two -car carport or garage shall be located in the required rear yard. b. A attaehed ,. side b side first . nEbler attael ed s nd . nit „hall have a required rear yard as previded in seetions 26 406 and 26 407, exeept that no buildings othe than twe (2) t.. e e Fperts o gaFages ..hall be Ieeated iH the required fear yard. Second units 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. For reversed corner lots where a house is facing and located fronting on a street side property line, a second dwelling unit shall not be located within the area between the street side property line and a line parallel to the most distant part of the house from the street side property line. (10)The entrance to an attached second unit shall be separate from the entrance to the €rrst Primary unit and shall be installed in a manner as to negate an obvious indication of two (2) units in the same structure. a. No overhead utility lines are permitted to service the second unit. If existing overhead utility lines are to be relocated or otherwise modified to permit construction of a second unit, such lines shall be converted to underground services. b. The numerical street address of the lot shall remain as one number with the (rent primary er bettem unit being designated as "A" and the rear er tep-unit second unit being designated as "B". c. Utility services to the second unit may remain and are encouraged through single source points except where not permitted by the utility company. d. Park development fees for the second unit shall be paid in accordance with section 26-204. (11) The architectural style of the second unit in design features, such as but not limited to, materials, colors, rooting, scale, exterior treatment and details shall match the primary unit. (12) A second unit shall not be allowed on a lot with an accessory living quarters (guest houses) as allowed in Section 26-391.5 (13)A six -foot -high wall or solid fence shall be provided and maintained on the rear yard boundary. of any lot containing a second unit. Said wall or solid fence shall be in compliance with the Municipal Code in relation to height and location as approved by the planning director. (14) Windows On Side Property Lines. Windows on second units are only allowed when the structure is located a minimum of (ten) 10 feet from a side property line. (Ord. No. 1606_ § 1; 9-26-83; Ord. No. 1756, § I, 10-26-87; Ord. No. 18387 § 2. 3-12-90; Ord. No. 2140, § 3, 7-19-05) (Ord. No. 1606. § 1, 9-26-83; Ord. No. 2140, § 3, 7-19-05) Sec. 26-685.38.Conditions of approval of a eanditioHal use permi for a second unit. (a) The second unit may be rented but shall not be sold except in conjunction with the entire lot and the erim&tal €trst primary unit. (b) Chapter 7 of this Municipal Code and all applicable building codes adopted by the city which apply to additions and construction of single-family dwellings shall apply to second units. (c) Adequate water and sewer services shall be available or supplied by the applicant for a second unit. (d) C h other nditie as deemed by the plafining eorranissien t^ Feasenably -relate t�thc perpose of this division, sueh as bti! not limited ta� A six feet high wall of selid fenee shall ------ Said II shall be : eamplianee with the T unieipal Code : .elatie« ♦e height and- leeutten as va by tl.e planning d:.eete. (e!j) One unit shall be occupied by the owner of the lot as long as the second unit exists. A deed restriction shall be recorded to this effect. A covenant running with the land shall be recorded by every_A second unit applicant, pennitting the city to enforce these provisions at the cost of the owner. Proof of recordation shall be sent to the planning director and kept on file. (e) Letting (renting or leasing) of rooms is prohibited in both units of a second -unit lot. (f) C d .1.4lin nits shall be designed t,. ..teh the existing pfirnirdwelling nits in. relation te siding ffifftefials, roofing, vAndew placement and othef afehitee -1 • (Ord. No. 1606. § 1, 9-26-83; Ord. No. '1838, § 2, 3-12-90; Ord. No. 2140, § 3, 7-19-05) Sec. 26-685.39.Deserved. Review Process. The applicant shall submit an application for a Second Unit Review by the planning director for compliance with the provisions of this section. If it is determined that the application and evidence submitted show that the second unit complies with the requirements of this section, the application shall be approved; otherwise the application shall be denied.