Ordinance - 2449ORDINANCE NO.2449
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING DIVISION 11 OF ARTICLE XII
OF CHAPTER 26 OF THE MUNICIPAL CODE TO AMEND SETBACK
AND LOCATION RELATED ZONING REGULATIONS APPLICABLE
TO ACCESSORY DWELLING UNITS
SECTION 1. Findings. The City Council finds as follows:
A. This Code amendment allows ministerial approval of accessory dwelling units in the
residential agricultural zone (R-A) and the single-family residential zone (R-1) where the
property is developed with a single-family unit subject to development standards and
specific requirements.
B. As required by state law, under this ordinance, accessory dwelling units will not be
considered as exceeding the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use consistent
with the existing general plan and zoning designation for the lot.
C. The existing residential character of the town is due, in large part, to regulations which
ensure that lots are not overdeveloped.
D. One of the best methods of ensuring that lots are not overdeveloped is to ensure that lots
are of at least a minimum size before allowing additional density on the lots.
E. The City should adopt ministerial procedures to allow for the development of accessory
dwelling units in the City.
F. On the 19th day of June 2018, the City Council initiated a code amendment to evaluate
minimum lot size and rear setback standards relating to accessory dwelling units.
G. The Planning Commission held study sessions on the 281h day of August 2018 and on the
11 th day of September 2018.
H. The Planning Commission, upon giving required notice, did on the 9 h day of October, 2018,
conduct a duly advertised public hearing as prescribed by law, at which time the Planning
Commission adopted Resolution No. 18-5964, recommending to the City Council approval
of Code Amendment No. 18-02.
The City Council considered evidence presented by the Planning Commission, Planning
Department, and other interested parties at a duly advertised public hearing on the 20t' day
of November, 2018 and the 5' day of February, 2019.
SECTION 2. Municipal Code Amendments. The City Council hereby amends the following
sections of Chapter 26 of the municipal code as follows:
Article XII . - SPECIAL REGULATIONS FOR UNIQUE USES
DIVISION 11. - SECOND 1) LLING UNITS ACCESSORY DWELLING UNITS
Municipal Code 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 accessory
dwelling units on single-family lots.
Municipal Code Sec. 26-685.32. - Definitions.
Accessory dwelling unit means a dwelling unit detached from, or attached to, a primary unit
on a lot zoned for single-family residence. Such units do not affect the density designation of any
specific or general plan.
Owner -occupant means 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 an accessory
dwelling unit.
Primary unit, hereafter referred to as "primary unit," means an existing or proposed to be
built, dwelling unit that conforms to all regulations of this Code relating to section 26-391(a)
prior to the addition of a an accessory dwelling unit.
Municipal Code Sec. 26-685.34. - Development standards.
(a) An accessory dwelling unit may be constructed or established only on a Iot containing or
which will contain a lawfully constructed primary unit located in a single-family residential
zone.
(b) An accessory dwelling unit shall have adequate water supply and sewer service.
(c) An accessory dwelling unit review shall be obtained prior to the issuance of building permits
for an accessory dwelling unit.
(d) Only the owner of the property may file an application for an accessory dwelling unit on the
lot of the primary unit, and only if the owner in which he or she resides or will reside on the
property.
(e) The ministerial development standards of the R-1 zone and the area district in which the
accessory dwelling 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 accessory dwelling unit shall include permanent provisions for living, sleeping, cooking
and sanitation.
(g) Specific development standards:
(1) The lot shall be a lawful lot and be at least 12,000 square feet.
(2) Prior to any certificate of occupancy being issued for the accessory dwelling unit, the
lot shall contain a primary unit conforming to all regulations of the single-family zone.
(3) An accessory dwelling unit shall comply with the minimum unit size requirements of
the California Building Standards Code.
(4) Maximum Floor Area
a. A detached accessory dwelling unit shall be in a structure that is a single story with a
maximum dwelling area of eight hundred (800) square feet and limited to two
bedrooms.
b. An accessory dwelling unit that is attached to the existing primary unit shall only be
located on the first story and be limited to a maximum exterior expansion of fifty
(50) percent of the dwelling area of the primary unit up to a maximum of eight
hundred (800) square feet.
(5) Parking. In addition to the parking required for the primary dwelling unit (section 26-
402), an accessory dwelling unit shall require one (1) accessible off-street parking space
if the accessory dwelling unit will have a bedroom. Parking spaces for accessory
dwelling units shall be a minimum eight (8) feet by sixteen (16) feet. Access to such
parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage
or carport for the primary dwelling unit, except as modified in section 26-402.5. Said
parking may be located in an existing driveway, in a required setback, or as a tandem
design, but shall not impede access to the required parking for the primary residence.
However, no parking is required for accessory dwelling units in any of the following
circumstances:
a. Using city streets, from the accessory dwelling unit, a person would have to walk
less no more than one-half a mile to a public bus stop or train station.
b. The accessory dwelling unit is located within an architecturally and historically
significant historic district.
c. The accessory dwelling unit is part of the proposed or existing primary residence or
an accessory structure.
d. When on -street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
e. When there is a car share vehicle located within five hundred (500) feet of the
accessory dwelling unit.
f. The accessory dwelling unit is solely created from existing habitable space within
the primary residence.
(6) Garages. New or replacement garages or carports opening towards a side street shall be
set back a minimum of twenty-two (22) feet from the property line. If a garage is
converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, no
setback is required for the portion of the garage which is converted. If a garage is
converted to an accessory dwelling unit, the lot must still provide a garage for the
single-family residence, per section 26-402.
(7) Distance between structures. The distance between the primary unit and a detached
accessory dwelling unit shall be no less than six (6) feet.
8 Rear yard. Detached accessory dwelling units shall comply with rear yard
requirements provided in section 26-406. Attached accessory dwelling units shall
have a required rear yard as provided in sections 26-406 and 26-407.
9 Site location. A new accessory dwelling unit may be established in the R-1 or R-A
zone as following.
a. Attached accessory dwelling units may be entirely within the existing primary
residence or attached to the back of the primary residence.
b. Detached accessory dwelling units may not be located within the area between
the front property line and the line parallel to, and touching, the back of the
Primary residence. For reversed corner lots where a house is facing and
located fronting on a street side property line, an accessory 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.
(910) The entrance to an accessory dwelling unit shall be separate from the entrance to the
primary unit and shall not be on the front elevation. If topography restricts access
from all side and rear elevations, the accessory dwelling unit door may be on the
front elevation provided it is not prominently visible from the right-of-way.
a. No overhead utility lines are permitted to service the accessory dwelling unit. If
existing overhead utility lines are to be relocated or otherwise modified to permit
construction of an accessory unit, such lines shall be converted to underground
services.
b. The numerical street address of the lot shall remain as one (1) number with the
primary unit being designated as "A" and the accessory dwelling unit being
designated as "B."
c. Utility services to the accessory dwelling unit may remain and are encouraged
through single source points except where not permitted by the utility company.
d. Park development fees for the accessory dwelling unit shall be paid in accordance
with section 26-204.
(4-9LI) The architectural style of the accessory dwelling unit in design features, such as,
but not limited to, materials, colors, roofing, scale, exterior treatment and details shall
match the primary unit.
(III An accessory dwelling unit shall not be allowed on a lot with an accessory
habitable -quarters as allowed in section 26-391.5.
(IZU3� A six -foot -high wall or solid fence shall be provided and maintained on the rear
yard boundary of any lot containing an accessory dwelling unit. Said wall or solid fence
shall b comply with this Code in relation to height and location as
approved by the planning director.
(13L4) Windows on side property lines. Windows on detached accessory dwelling unit
are only allowed when the structure is located a minimum of ten (10) feet from a side
property line.
(h) Conversion of Existing Permitted Floor Area. Notwithstanding any other provision of this
section to the contrary, the city will approve an application for a building permit for an
accessory dwelling unit if all of the following apply:
(1) The application is to create an accessory dwelling unit within either the residential
agricultural (RA) zone or the single-family (R1) zone one (1) accessory dwelling unit
per single-family lot;
(2) The accessory dwelling unit is contained entirely within the existing space (i.e. within
four existing walls) of a legal single-family residence or a legal accessory structure
(excluding garages);
(3) The unit has independent exterior access from the existing residence;
(4) The side and rear setbacks are sufficient for fire safety;
(5) All development standards in this division are met (except that the accessory dwelling
unit need not comply with minimum lot size requirements, no parking need be provided
for the accessory dwelling unit, the minimum distance requirements between structures
does not apply, and minimum setbacks for existing lawful walls does not apply); and
(6) The structure being converted is not subject to any applicable covenant or other
limitation which prohibits the structure from being converted to a single-family unit
complies with all other applicable legal requirements.
(7) All other applicable legal requirements are met.
Municipal Code Sec. 26-685.38. - Conditions of approval for an accessory dwelling unit.
(a) The accessory dwelling unit may be rented but shall not be sold except in conjunction with
the entire lot, including the primary unit.
(b) Chapter 7 of this Code and all applicable building codes adopted by the city which apply to
additions and construction of single-family dwellings shall apply to accessory dwelling
units.
(c) Adequate water and sewer services shall be available or supplied by the applicant for an
accessory dwelling unit.
(d) The accessory dwelling unit shall not be sold separate from the primary residence, but may
be rented. The accessory dwelling unit and the primary residence cannot simultaneously be
used by more than one family unless the owner resides in either the accessory dwelling unit
or the primary residence. A deed restriction shall be recorded to memorialize these
requirements. A covenant running with the land shall be recorded by an accessory dwelling
unit applicant, permitting 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) Nothing in this section is intended to authorize circumvention of section 26-673(c)(3) of the
Municipal Code (relating to rooming or boarding uses).
Municipal Code Sec. 26-685.39. - Review process.
The applicant shall submit an application for an accessory dwelling 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 accessory dwelling unit complies with the requirements of
this section, the application shall be approved; otherwise the application shall be denied.
SECTION 3: ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and
the City's environmental procedures, and is found to be exempt pursuant to CEQA Guidelines
Section 15061(b)(3), as this ordinance cannot create any significant effect on the environment
and pursuant to 15282(h), which states that "the adoption of an ordinance regarding second units
in a single-family or multifamily zone by a city or county to implement the provisions of
Sections 65852.1 and 65852.2 of the Government Code" relating to "granny" housing and
"second unit ordinances" are exempt from the requirements of CEQA.
SECTION 4: INCONSISTENCIES. Any provision of the West Covina Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the
provisions of this ordinance.
SECTION 5: SEVERABILITY. If any provision or clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or
applications of this ordinance which can be implemented without the invalid provision, clause or
application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 6: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its
passage shall be published once in a newspaper of general circulation, printed and published in
the City of West Covina or, in the alternative, the City Clerk may cause to be published a
summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in
the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and
within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names and member of the City Council voting for and against the
same.
SECTION 7: COPY OF ORDINANCE TO HCD. The City Clerk shall cause a copy of this
ordinance to be provided to the California Department of Housing and Community Development
within 60 days of its final adoption.
PASSED, APPROVED AND ADOPTED this 191h day of February, 2019.
APPROVED AS TO FORM:
Scott E. Porter
City Attorney
ATTEST:
uv-
Carrie Gallagher
Assistant City Clerk
I, CARRIE GALLAGHER, ASSISTANT 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 5'' day of February, 2019. That thereafter
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 191'
day of February, 2019, by the following vote:
AYES: Shewmaker, Lopez-Viado, Castellanos, Johnson
NOES: Wu �, =
ABSENT: None
ABSTAIN: None ✓ ~ V
Carrie allaghrer
Assistant City Clerk