Ordinance - 2316ORDINANCE N O. 2 3 1 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 17-01,
RELATED TO ACCESSORY DWELLING UNITS (FORMERLY SECOND
DWELLING UNITS)
WHEREAS, on the 24t' day of January, 2017, the Planning Commission initiated a code
amendment to evaluate standards relating to accessory dwelling units and requirements established
by the state legislature; and
WHEREAS, the Planning Commission held a study session on the 280' day of February,
2017; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 28t' day of
March, 2017, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 17-5860, recommending to the City Council
approval of Code Amendment No. 17-01; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the Wh day of April, 2017; and
WHEREAS, studies and investigations made by the Planning Commission and on its behalf
reveal the following facts:
1. The Municipal Code currently includes standards for accessory dwelling units (second
units) and accessory living quarters in the City of West Covina.
2. The California State Legislature passed two bills in 2016 that took effect on January 1,
2017, regulating how cities can address second units: Senate Bill 1069 and Assembly Bill
2299. The bills render any city's second unit standards null and void if they conflict with
the new standards.
3. The Planning Commission discussed the concept of allowing Junior Accessory Dwelling
Units (JADU's) at their study session on February 28, 2017 and determined that it was
not appropriate to adopt such standards at this time.
4. The proposed action is 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 because there are only a limited number
of accessory dwelling units that will be constructed in the city, and the revisions
Ordinance No. 2316
Code Amendment No. 17-01
May 2, 2017 - Page 2
established by this ordinance will not have significant impacts on neighbors, community
aesthetics, noise, or any other significant environmental impact.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY 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. 17-01 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. 17-01.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning
Commission of the City of West Covina hereby recommends to the City Council of the City of
West Covina that it approves Code Amendment No. 17-01 to amend Chapter 26 (Zoning) of the
West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 4: 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.
PASSED, APPROVED AND ADOPTED on this 2°d day of May, 2017.
APPROVED AS TO FORM:
C J'4- 1�q"
Kifnberly Hal arlow
City Attorney
C
Corey W shaw
Mayor
ATTEST:
ickolas S. Lewis
City Clerk
Ordinance No. 2316
Code Amendment No. 17-01
May 2, 2017 - Page 3
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 18th day of April, 2017. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day
of May, 2017, by the following vote:
AYES:
Johnson, Spence, Toma, Wu, Warshaw
NOES:
None
ABSENT:
None
ABSTAIN: None
Nickolas Le
'L4es
City Clerk
Ordinance No. 2316
Code Amendment No. 17-01
May 2, 2017 - Page 4
EXHIBIT A
Chapter 26 - Zoning
Article II — Definitions
SECTION 1. Section 26-63 of Article II of Chapter 26 of the West Covina Municipal Code,
Notices, is amended to read as follows:
Sec. 26-63. - Definitions.
Accessory building or structure. A part or the whole of a building or structure, the use of
which is subordinate and incidental to the main use and/or structure. Where fifty (50) percent or
more of the wall of an accessory building or structure constitutes a common wall with the main
building, or where less than fifty (50) percent of the wall of the accessory building or structure
constitutes a common wall with the main building but in which wall there is contained an
opening that permits direct pedestrian passage from one to the other, then such an accessory
building or structure shall be considered a part of the main building.
Accessory UY* habitable quarters. A permanently constructed living -habitable 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 habitable
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 habitable quarters shall not be separately rented, leased or let (by direct or
indirect compensation) or otherwise occupied separately from the primary residence.
Accessory use. A use of the land or building which is clearly incidental and subordinate to
the principal use of the land or building (but which does not alter the main use), both of which
uses are located on the same lot and/or within the same building.
Article VIII — Residential Agricultural Zone/Single Family Zone
Division 1— Generally
SECTION 2. Subsection (2) of Section 26-391 of Article VIII of Chapter 26 of the West
Covina Municipal Code, Notices, is amended to read as follows:
(2) Accessory buildings.
a. Accessory living habitable quarters as allowed per section 26-391.5.
b. Seeen Accessory dwelling units as allowed per article XII, division 11.
c. Nonhabitable accessory buildings or structures, including, but not limited to the
following:
1. Garages;
2. Carports;
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Code Amendment No. 17-01
May 2, 2017 - Page 5
3. Workshops;
4. Storage rooms or sheds;
5. Detached patio covers;
6. Pool bathroom or detached bathroom.
SECTION 3. Section 26-391.5 of Article VIII, Division 1 of Chapter 26 of the West Covina
Municipal Code, Notices, is amended to read as follows:
See. 26-391.5. - Accessory buildings, habitable.
Purpose. The following regulations apply to habitable accessory buildings.
(1) Accessory k4g habitable 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 habitable quarters may only be located on lots with a primary residence and may
be attached or detached. One (1) 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 ling
habitable quarters shall be sensitive to the privacy of adjacent property owners. The
following regulations are established:
a. Size. An accessory li-,&ixg habitable quarters shall be a maximum size of six hundred
forty (640) square feet.
b. Review process. An administrative use permit shall be obtained prior to the
issuance of building permits to construct an accessory living habitable quarters as
specified in article VI, division 5 of this chapter.
c. Deed restriction. The property owner shall be required to record a deed restriction
limiting the use of the accessory leg habitable 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 leg
habitable quarters has been illegally modified. Said deed restriction shall be
provided to the planning department prior to the issuance of a building permit.
d. Interpretation. Whenever any expansion or alteration to a building, garage or
accessory ling habitable 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 leg habitable quarters,
then the planning director may determine that it is an accessory ling habitable
quarters.
e. Parking requirement. One (1) covered parking space shall be required for the
accessory living habitable quarters, in addition to parking requirements for the
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Code Amendment No. 17-01
May 2, 2017 - Page 6
primary house. In addition, accessory living habitable quarters shall count toward
parking requirements specified in section 26-402.
f. Distance between structures. The distance between the house and a detached
accessory living habitable quarters shall be no less than twenty-five (25) feet.
g. Rear setback. An accessory ling habitable quarters shall comply with the required
twenty -five-foot rear setback as specified in section 26-407.
h. Windows on side property lines. Windows on accessory ling habitable 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.
i. Architectural compatibility. The architectural style of the accessory habitable
quarters guest house in design features, such as but not limited to, materials, colors,
roofing, scale, exterior treatment and details shall match the primary residence.
j. Floor plan. The accessory habitable quarters guest shall be limited to
bedroom sleeping area, living area and one (1) bathroom.
k. Location. Accessory leg habitable 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 leg habitable 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 leg habitable 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 ling habitable 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 4. Section 26-401.5 of Article VIII, Division 2 of Chapter 26 of the West Covina
Municipal Code, Notices, is amended to read as follows:
Sec. 26-401.5. - Maximum unit size.
(a) The maximum size of units in developmental areas shall be governed by the following table:
Lot size
(sq. ft.):
Maximum Unit Size
(Gross Floor Area
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Code Amendment No. 17-01
May 2, 2017 - Page 7
in Sq. Ft.)
0.50 FAR for first 5,000 sq. ft. of lot area
All lots within Area
District-lA only
0.35 FAR for remaining lot area in excess of 5,000 sq. ft.
Under 20,000
.35 FAR or 3,999, whichever is less
20,000-24,999
4,000
25,000-29,999
5,000
30,000-34,999
6,000
35,000-39,999
7,000
40,000+
8,000
As these figures reflect the maximum allowable unit sizes, they shall not be regarded as an
automatic right. Each proposal shall be reviewed on a case by case basis and requires approval of
the planning director subject to the following findings:
(i) The lot and proposed development is consistent with the general plan, zoning, and
meets all other applicable code requirements.
(ii) The development utilizes building materials, color schemes and a roof style which
blend with the existing structure, if any, and results in a development which is
harmonious in scale and mass with the surrounding residences.
(iii) The development is sensitive and not detrimental to convenience and safety of
circulation for pedestrians and vehicles.
(iv) The development can be adequately served by existing or required infrastructure and
services.
(v) The design of the structure has given consideration to the privacy of surrounding
properties through the usage and placement of windows and doors, cantilevers, decks,
balconies, minimal retaining walls, trees and other buffering landscaping materials.
(vi) The development is sensitive to the natural terrain, minimizes necessary grading, de-
emphasizes vertical massing which could disrupt the profile of a natural slope, and does
not impede any scenic vistas or views open to the public or surrounding properties.
Ordinance No. 2316
Code Amendment No. 17-01
May 2, 2017 - Page 8
The decision of the planning director is appealable to the planning commission subject to the
procedures outlined in section 26-212.
(b) Detached accessory structures shall not be included in the above maximum unit size figures.
A large expansion to the main building (as defined in section 26-296.1100(a)) shall be
subject to the approval of an administrative use permit pursuant to the procedures outlined in
section 26-296.1200.
(c) The above maximum unit sizes may be increased by up to twenty-five (25) percent subject
to the approval of an administrative use permit pursuant to the procedures outlined in section
26-296.1200. Attached accessory structures, including but not limited to guest se
accessory habitable quarters, seeen4-accessory dwelling units, and garages, shall be included
in the twenty-five (25) percent figure.
(d) An expansion of the above maximum unit sizes by more than twenty-five (25) percent may
be granted subject to the approval of a conditional use permit (CUP) by the planning
commission pursuant to the procedures outlined in sections 26-246 and 26-685.2000.
(e) Any new second -story addition, or second -story addition to an existing two-story house shall
be subject to the approval of an administrative use permit pursuant to the procedures
outlined in Article VI, Division 5 of this Chapter 26, commencing at section 26-270 and to
findings outlined in section 26-296.1300.
(f) Section 26-401.5(a) through (d) shall not apply to residential development within a specific
plan zone nor residential development which utilizes the density transfer provisions in
section 26-703.
Article XII — Special Regulations for Unique Uses
Division 11— Seeond Accessory Dwelling Units
SECTION 5. Section 26-685.30 of Article XII of Chapter 26 of the West Covina Municipal
Code, Notices, is amended to read as follows:
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.
SECTION 6. Section 26-685.32 of Article XII of Chapter 26 of the West Covina Municipal
Code, Notices, is amended to read as follows:
Sec. 26-685.32. - Definitions.
Ordinance No. 2316
Code Amendment No. 17-01
May 2, 2017 - Page 9
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 a second
unit.
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 this Code relating to section 26-391(a)
prior to the addition of a second dwelling unit.
Seerunk-Accesson dwelling unit means or is 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.
Seeend-unit-Accessory dwelling lot means or is a lot containing a primary unit and a
second unit, legally established in a single-family zone.
(Ord. No. 1606, § 1, 9-26-83; Ord. No. 2140, § 3, 7-19-05; Ord. No. 2271, § 3(Exh. A), 3-3-15)
SECTION 7. Section 26-685.34 of Article XII of Chapter 26 of the West Covina Municipal
Code, Notices, is amended to read as follows:
Sec. 26-685.34. - Development standards.
(a) An seeend unit accessory dwelling unit may be constructed or established only on a lot
containing a primary unit located in a single-family residential zone.
(b) An seeand uni accessory dwelling unit shall have adequate water supply and sewer service.
(c) An seeond uni accessory dwelling unit review shall be obtained prior to the issuance of
building permits for a an sett accessory dwelling unit.
(d) Only an owner -occupant of a primary unit shall be eligible to file an application for an
seeend urAt. accessory dwelling unit on the lot of the primary unit in which he or she resides.
(e) The development standards of the R-1 zone and the area district in which the seeend
accessory dwelliniz unit is located shall apply (as specified in article VIII, division 2 of this
chapter) unless this division specifically permits or prohibits otherwise.
(f) A seeend uni An accessory dwelling unit shall include permanent provisions for living,
sleeping, cooking and sanitation.
(g) Specific development standards:
(1) Minimum site sizes for seeend uPA accessory dwellin unit lots shall be:
Ordinance No. 2316
Code Amendment No. 17-01
May 2, 2017 - Page 10
Area District
Site Size (sq. ft.)
IA
12,000
I
13,500
II/IIA
15,450
III
20,400
IV
26,000
V
46,000
I
(2) The lot shall contain a primary unit conforming to all regulations of the single-family
zone.
(3) ^ seeand • An accessory dwelling unit shall have a minifffflm dwelling area f five
hundr-ed (500.) square comply with the minimum unit size requirements of the
California Building Standards Code.
(4) A detached seeen accessory dwelling unit shall be in a structure that is a single story
with a maximum dwelling area of si-x L.,,n,are f , (640) eight hundred (800) square
feet and limited to two bedrooms and lifn tea to one beer-ee
(5) n seeend u An accessory dwelling unit that is attached to the existing primary unit
shall be limited to a maximum exterior expansion of thir�y{38) fifty 50 percent of the
dwelling area of the primary unit up to a maximum of eight hundred (800) square 4*
hundred forty i640feet.
(6) A-seeend-upAt In general, in addition to the parkin required for the primary dwellin
unit (Section 26-402), an accessory dwelling unit shall require one (1) eevered
accessible off-street parking space (covered or uncovered) per bedroom. The
r-eefed, if readily visible from the street. gar -ages and ear-pet4s shall h . . - iiffl
elear- leng4h of twenty (20) feet and a v4dth ef ten (10) gaet for- eaeh required spa.,
between eeluflms ^" - awls. (2) 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 primm
dwelling unit, except as modified in section 26-402.5. These paFk4 , ro eaaffts are
in addition to the r- q ir-e part dwelling + a See-tion 26
� 1+ 5 main uvv �.
402. Said parkins may be located in an existing driveway, in a required setback or as a tandem
Ordinance No. 2316
Code Amendment No. 17-01
May 2, 2017 - Page 11
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 1/2 a mile to a bus stop or train station.
b. The accessory dwelling unit is located within an architecturally and historically si ificant
historic district.
c. The accessory dwelling unit is part of the existing primary residence or an existing
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 500 feet of the accessory dwellingunit. .
(7) 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.
(8) When an existing legal accessory building is converted minimum setbacks are not
required.
(9) 10 Distance between structures. The distance between the primary unit and a detached
seeend unit. accessory dwelling unit shall be no less than twenty-five (25) feet.
11 Rear yard.
a. A detached second unit accessory dwelling 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. Semis accessory dwelling 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-seeend
dwelling i 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.
0-0)(12) The entrance to an attached sad unii accessory dwelling unit shall be installed
separate from the entrance to the primary unit and shall not be prominently visible from
the right of way.
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Code Amendment No. 17-01
May 2, 2017 -Page 12
a. No overhead utility lines are permitted to service the m accessory
dwelling 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 (1) number with the
primary unit being designated as "A" and the seeend unit accessory dwelling unit
being designated as "B."
c. Utility services to the sit 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 seeend unit accessory dwelling unit shall be paid in
accordance with section 26-204.
G4)(13) The architectural style of the seeend uni 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.
4-21)( )14 ^ se-een uni:4 An accessory dwelling unit shall not be allowed on a lot with an
accessory living habitable -quarters (_, I�••� -,) as allowed in section 26-391.5.
qD(15)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 sewn unit. Said wall or
solid fence shall be in compliance with this Code in relation to height and location as
approved by the planning director.
(4-4)-LL6j Windows on side property lines. Windows on seee unfits accessory dwelling unit
are only allowed when the structure is located a minimum of ten (10) feet from a side
property line.
(h) Notwithstanding any other provision of this section to the contrary the city will approve
an application for a building permit if all of the following apply'
(1) the application is to create within either the Residential Agricultural (RA) zone or the
Single Family (R1) zone one accessory dwelling unit per single family lot;
(2) the accessory dwelling unit is contained entirely within the existing space of a legal
single-family residence or a legal accessory structure (excludinggarages);
(3) the unit has independent exterior access from the existing residence;
(4) the side and rear setbacks are sufficient for fire safety; and
(5) the structure complies with all other applicable legal requirements
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Code Amendment No. 17-01
May 2, 2017 - Page 13
SECTION 8. Section 26-685.38 of Article XII of Chapter 26 of the West Covina Municipal
Code, Notices, is amended to read as follows:
Sec. 26-685.38. - Conditions of approval for an sew accessorydwelling unit.
(a) The unit accessory dwelling unit may be rented but shall not be sold except in
conjunction with the entire lot and 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 seeend uBits accessory
dwelling_ units.
(c) Adequate water and sewer services shall be available or supplied by the applicant for a
skit 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 one or more parties unless the owner resides in either the accessory dwelling unit or
the primary residence. One (1) unit shall be eeeupied by the eA%er- of the let as long as the
seeend unit exists. A deed restriction shall be recorded to memorialize these requirements
this e . A covenant running with the land shall be recorded by a seeend uni 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 26-273(c)(3) of the
Municipal Code (relating to rooming or boarding uses). r e#in (r-e tiag or leasing) of re^ms
SECTION 9. Section 26-685.39 of Article XII of Chapter 26 of the West Covina Municipal
Code, Notices, is amended to read as follows:
Sec. 26-685.39. - Review process.
The applicant shall submit an application for ^ seeand ,,.,;* 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 seeend Uni accessory
dwelling unit complies with the requirements of this section, the application shall be approved;
otherwise the application shall be denied.