Resolution - 2006-15RESOLUTION NO.2006-15
A •RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, INITIATING A CODE AMENDMENT TO THE
WEST COVINA ZONING CODE, CHAPTER 26, PERTAINING TO THE
REGULATION OF ROOMINGHOUSES
• WHEREAS, pursuant to section 26-153 of the West Covina Zoning Code, Chapter 26,
amendments to the Zoning Code may be initiated by resolution of the City Council; and
WHEREAS, the studies and investigations made by and on behalf of the City Council reveal
the following facts:
1. The City of West Covina has recently identified a significant number of persons within
the City who are renting individual rooms within existing dwellings for residential
purposes; and
2. The City Council of the City of West Covina is concerned that the unregulated renting of
individual rooms within dwellings is detrimental to the health safety, peace, or general
welfare of persons residing or working in the vicinity thereof; and
3. The City Council of the City of West Covina is further concerned that the unregulated
renting of individual rooms within dwellings is detrimental to the use, valuation and
enjoyment of surrounding properties or improvements in the vicinity thereof; and
4. The City Council of the City of West Covina is further concerned that there is no current
mechanism for assuring that the dwellings from which individual rooms are being rented
are of adequate topography, size and shape to accommodate their intended use, or that the
intended use is consistent with the City's General Plan; and
5. 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, BE IT RESOLVED, the City Council of the City of West Covina, in
conformance with Section 26-153(a)(2) of the West Covina Municipal Code, does hereby initiate an
application for a Code Amendment pertaining to the regulation of Roominghouses in the form as
substantially presented as attachment "A" to this Resolution.
IT IS FURTHER RESOLVED, that this Code Amendment be submitted to the Planning
Commission for review, processing and consideration as required by the West Covina Zoning
Code.
PASSED, APPROVED and ADOPTED on this 7`h day of March 2006
Mayor Shelley Sanderson.f
ATTEST: i
I
City Clerk Lain 'e Carrico
•
Resolution No. 2006-15
March 7, 2006
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 71h day of March 2006, by the following vote
of the City Council:
AYES: Herfert, Lane, Touhey, Sanderson
NOES: None
ABSENT: Hernandez
ABSTAIN: None
APPROVED AS TO FORM:
4& '41- 4 -/1
Ci Attor ey Hold Alvarez-Glasman
City Clerk Laurie Carrico
ATTACHMENT "A"
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 OF THE CITY OF
WEST COVINA ZONING CODE PERTAINING TO THE REGULATION
OF ROOMINGHOUSES
•WHEREAS, the City of West Covina has recently identified a significant number of
persons within the City who are renting individual rooms within existing dwellings for
residential purposes; and
WHEREAS, the City Council of the City of West Covina is concerned that the
unregulated renting of individual rooms within dwellings is detrimental to the health safety,
peace, or general welfare of persons residing or working in the vicinity thereof; and
WHEREAS, the City Council of the City of West Covina is further concerned that the
unregulated renting of individual rooms within dwellings is detrimental to the use, valuation and
enjoyment of surrounding properties or improvements in the vicinity thereof; and
WHEREAS, the City Council of the City of West Covina is further concerned that there
is no current mechanism for assuring that the dwellings from which individual rooms are being
rented are of adequate topography, size and shape to accommodate their intended use, or that the
intended use is consistent with the City's General Plan; and
WHEREAS, Article XI, section 7 of the California Constitution authorizes any city to
make and enforce within its limits all local, police, sanitary and other ordinances not in conflict
with the general laws of the State; and
WHEREAS, prior court decisions have interpreted Article XI, section 7 as conferring
broad discretion upon a city to determine what is reasonable in endeavoring to protect the public
health, safety, morals and general welfare of the community; and
WHEREAS, the United States Supreme Court has further held that comprehensive
zoning regulations lie within the police power of local governments; and
WHEREAS, the City Council of the City of West Covina wishes to impose regulations
upon the renting of individual rooms within dwellings in order to protect the health, safety,
morals and general welfare of the community; and
WHEREAS, the City Council of the City of West Covina finds and determines that by
requiring any person, including any form of business entity, to obtain a Conditional Use Permit
prior to renting more than two rooms in any dwelling, for occupancy by three or more
individuals, the City will assure compliance with local and state laws, thus protecting the health,
safety, morals and general welfare of the community; and
WHEREAS, the City Council has duly considered the proposed changes to the Zoning
Code as well as the impact of the changes on the general welfare of the City and the consistency
of the changes with the General Plan.
NOW, THEREFORE,.BE IT ORDAINED by the City Council of the City of West
Covina as follows:
•
SECTION 1. The City Council exercising their independent judgment finds that the
proposed code amendment is exempt from the California Environmental Quality Act (CEQA)
Guidelines per Section 15061(b)(3). Section 15061(b)(3) exempts projects where it can be
positively determined that the activity does not have the potential to cause a significant effect on
the environment. The City Council determines that the proposed Code Amendment will not
impact the environment.
Ordinance No.
SECTION 2. Section 26-63 of the West Covina Zoning Code is hereby amended to read
as follows:
Boardingheuse anti/er reemi,ng-heuse n building %'he_e ,,.,7..:.,.. and meals ar
• Dwelling. A building or portion thereof designed and used exclusively for
residential purposes and occupancy, with exception of permitted home occupations,
including single family, and multiple dwellings, but shall not including hotels or motels;
boarding or !edging house .
Family. Family means an individual or group of individuals, related or
unrelated, living together as a single housekeeping unit, including necessary
servants. A family does not include institutional group living situations such as a
residential facility, rest home, dormitory, or similar use, nor does it include such
commercial group living arrangements such as a roominghouse, motel, hotel, or
similar uses.
Roomin2house. A dwelling where housing is provided to three or more
individuals, pursuant to an arrangement for compensation, by month or greater
term, and in which rooms are not occupied by, nor meals served, to transients.
SECTION 3. The table of uses set forth in Section 26-597 of the West Covina Zoning
Code is hereby amended to add the use definition of "Roominghouse" and such use within the
RA, RI and single family residential uses obtaining a precise plan or specific plan to be allowed
only if a Conditional Use Permit is granted pursuant to Sections 26-246, et seq.
SECTION 4. Section 26-189 is hereby added to the West Covina Zoning Code to read
as follows:
Sec. 26-189. Nonconforming Roominghouses
All Roominghouses, including those uses previously identified or defined as
"Boardinghouse" or "lodging house" (as defined in provisions of this Chapter 26),
which lawfully exist, but are nonconforming to the Zoning Code of the City of West
Covina, may continue, provided no structural alterations are made thereto, and
further provided that such nonconforming use shall be discontinued no longer than
one year from the date of adoption of the ordinance codified in this section, unless
within sixty days prior to the expiration of the one-year period the owner or
operator of the Roominghouse, including a `Boardinghouse" or "lodging house" as
previously identified and defined in this Chapter 26, files an application for a
conditional use permit pursuant to Division 3 of Chapter 26 of the Zoning Code of
the West Covina Zoning Code. In order for a Roominghouse to continue to operate
within the RA, RI and single family residential uses obtaining a precise plan or
specific plan the owner or operator must have obtained a conditional use permit.
• SECTION 5. 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.
Ordinance No.
SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance,
causing it to be posted as required by law, and it shall be effective thirty (30) days after its
adoption.
• PASSED, APPROVED and ADOPTED on this day of 2006.
Mayor Shelley Sanderson
ATTEST:
City Clerk Laurie 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 day of 2006. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the
day of 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
City Clerk Laurie Carrico
3