Ordinance - 2465ORDINANCE NO. 2465
AN URGENCY ORDINANCE OF THE WEST COVINA CITY COUNCIL
TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW
REQUIREMENTS BY AMENDING PORTIONS OF CHAPTER 26 OF
THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Findings. The City Council finds as follows:
WHEREAS, effective January 1, 2020 multiple new housing laws relating to
accessory dwelling units (ADUs) will become law, including AB 68, AB 881, SB 13, AB
587, and AB 670; and
WHEREAS, municipal regulations which are inconsistent with state law may be
preempted effective January 1, 2020; and
WHEREAS, to preserve what limited authority the city has remaining to regulate
ADUs, it is desirable that the City update its laws consistent with the law as it will be in
effect January 1, 2020.
SECTION 2: Code Amendment. Effective January 1, 2020, Division 11 (Accessory
Dwelling Units) of Article XII (Special Regulations for Unique Uses) of Chapter 26
(Zoning) of the West Covina Municipal Code is deleted in its entirety and replaced as
follows:
Division 11. Accessory Dwelling Units
26-685.10 Accessory dwelling units and junior accessory dwelling units —
Purpose, definitions, occupancy.
Purpose and Interpretation. The intent of this Section is to ensure that
accessory dwelling units and junior accessory dwelling units remain as an
accessory use to a single-family residence, that the structures on parcels are
organized to accommodate an accessory dwelling unit and/or junior accessory
dwelling unit, and that such dwelling units do not adversely impact surrounding
residents or the community. This Division is intended to retain the maximum
ability of the city to regulate accessory dwelling units and to comply with the
requirements of state law, but only to the extent the city is required to do so.
Notwithstanding any other provision of this Division to the contrary, nothing in this
Division shall be interpreted to allow any accessory dwelling unit or junior
accessory dwelling unit except to the extent required by state law.
2. Definitions.
a. The terms "accessory dwelling unit', "public transit", "passageway" and
"tandem parking" all have the same meaning as that stated in Government
Code section 65852.2 as that section may be amended time to time.
b. "Junior accessory dwelling unit' shall have same meaning as that stated in
Government Code section 65852.22(h)(1) as that section may be
amended time to time.
3. Occupancy. Except as otherwise provided by law (e.g., Government Code
section 65852.26), accessory dwelling units and junior accessory dwelling units
may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
26-685.20 Accessory dwelling units —Application for accessory dwelling unit
permit.
1. Accessory dwelling units are permitted only in residential zones, subject to the
issuance of a building permit. Any application for an accessory dwelling unit that
meets the unit size standards and development standards contained in Sections
26-685.30 or 26-685.40 of this division, or is the type of accessory dwelling unit
described in Subsection 26-685.50 of this division, shall be approved ministerially
by the city by applying the standards herein and without a public hearing.
2. An application for an accessory dwelling unit permit shall be made by the owner
of the parcel on which the primary unit sits and shall be filed with the city on a
city -approved application form and subject to the established fee set by city
council resolution as it may be amended from time to time.
3. Applications for accessory dwelling units shall conform to the requirements for,
and shall obtain, a building permit consistent with the requirements of Chapter 7
(Buildings and Building Regulations) of the Municipal Code.
26-685.30 Accessory dwelling units —Unit size standards. Except as otherwise
provided in Section 26-685.50 of this division, below, all accessory dwelling units shall
not exceed the size standards listed below. No accessory dwelling unit may contain
more than two (2) bedrooms.
1. Attached accessory dwelling units: The maximum floor area of an attached
accessory dwelling unit shall be the higher of:
a. 850 square feet for an accessory dwelling unit with 0-1 bedrooms or 1,000
square feet for an accessory dwelling unit with two (2) bedrooms; or
b. If there is an existing primary single-family dwelling, 50% of the square
footage of the existing primary single family dwelling;
2. Detached Units. A detached accessory dwelling unit shall not have more than
one thousand two hundred (1,200) square feet of living area.
3. Setback requirements.
No setbacks are required for: either (i) those portions of accessory dwelling
units that are created by converting existing living area or existing
accessory structures to new accessory dwelling units or (ii) constructing
new accessory dwelling units in the same location and to the same
dimensions as an existing structure.
For all other accessory dwelling units, there must be a minimum of four feet
of setbacks from side and rear lot lines and comply with all applicable front
yard setbacks.
C. The minimum required distance between a detached accessory dwelling
unit and the primary dwelling unit, and all other structures, including
garages, on the property, shall be ten (10) feet.
26-685.40 Accessory dwelling units —Development standards.
Any permit for an accessory dwelling unit shall be subject to the development standards
listed below.
1. Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot
within the city that contains a legal, single-family or multi -family residence as an
existing or proposed primary unit on a lot.
2. Accessory dwelling units are accessory to the primary dwelling unit. Therefore,
accessory dwelling units shall not be assigned an address separate from the
primary dwelling unit. For multi -family residential dwellings, the project plans and
application shall clearly identify the unit the proposed accessory dwelling unit is
accessory to.
3. Number of accessory dwelling units per lot.
For lots with proposed or existing single-family residences, no more than
one accessory dwelling unit and one junior accessory dwelling unit may be
on the lot.
For lots with existing multi -family residential dwellings:
i. No more than twenty-five percent (25%) of the number of the existing
units, but at least one (1) unit, shall be permitted as accessory dwelling
units constructed within the non -livable space (e.g., storage rooms,
boiler rooms, hallways, attics, basements, or garages) of the existing
multifamily dwelling structure provided that applicable building codes
are met; or
No more than two detached accessory dwelling units, provided that no
such unit shall be more than sixteen (16) feet in height, and each such
unit complies with front yard setbacks, and meets rear -yard and side
yard setbacks of four feet. The maximum square footage of detached
accessory dwelling units on lots with existing multi -family residential
dwellings shall comply with the limits set forth in subsection C (or E, if
applicable) of this section.
4. Building Code Compliance. All new accessory dwelling units must comply with
Chapter 7 of the Municipal Code ('Buildings and Building Regulations") and any
other applicable provisions of the California Building Standards Code. However,
fire sprinklers shall not be required if they are not required for the primary
residence.
5. Utilities.
a. All accessory dwelling units and junior accessory dwelling units must be
connected to public utilities (or their equivalent), including water, electric,
and sewer services.
b. All accessory dwelling units and junior accessory dwelling units shall have
adequate water supply and sewer service.
C. No overhead utility lines are to be relocated or otherwise modified to permit
construction of an accessory dwelling unit or junior 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.
d. Except as provided in subsection a below, the City may require the
installation of a new or upgraded utility connection for the accessory
dwelling unit, junior accessory dwelling unit and/or the existing house to
accommodate the additional burden of the proposed accessory dwelling
unit on the existing utility infrastructure. The connection fee or capacity
charge shall be proportionate to the burden of the proposed accessory
dwelling unit based on either its square feet or number of drainage fixture
unit values.
No separate connection between the accessory dwelling unit and the utility
shall be required.
6. Parking.
a. The City shall require the owner to provide one parking space unless the
accessory dwelling unit has no bedrooms (e.g., a studio), in which case no
space is required. The required parking space shall have a minimum
dimension of 10 feet in width and 20 feet in depth. The required parking
space may be provided as:
i. Tandem parking on an existing driveway in a manner that does not
encroach onto a public sidewalk and otherwise complies with city
parking requirements; or
ii. Within a setback area or as tandem parking in locations determined
feasible by the City for such use. Locations will be determined
infeasible based upon specific site or regional topographical or fire
and life safety conditions, or that such parking is not permitted
anywhere else in the City.
b. Notwithstanding the foregoing, no parking space shall be required for an
accessory dwelling unit if:
i. It is located within one-half mile walking distance of public transit;
ii. It is located within an architecturally and historically significant district;
iii. It is part of a proposed or existing primary residence or accessory
structure;
iv. When on -street parking permits are required but not offered to
the occupant ofthe accessory dwelling unit; or
V. Where there is a car share vehicle located within one block of the
accessory dwelling unit.
C. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, the off-street parking spaces do
not have to be replaced.
7. Siting. 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.
8. Exterior Access. The entrance to an accessory dwelling unit shall be separate
from the entrance to the primary dwelling 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.
9 Wall and/or Fence Requirement. A six (6) 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 comply with this Code in
relation to height and location as approved by the planning director.
10. Windows and doors along the side and/or rear property lines. No windows and/or
doors shall be located within 10 feet from the side and/or rear property lines.
11. Recorded Covenants. Before obtaining a permit for an accessory dwelling unit,
the property owner shall file with the county recorder a declaration or agreement
of restrictions and an agreement to subordinate executed by all senior
lienholders on title to prevent extinguishment of the easement via foreclosure
which has been approved by the city attorney as to its form and content,
describing restrictions that allows for and the continued use of the accessory
dwelling as follows:
a. the accessory dwelling unit shall not be sold separately from the primary
residence;
b. the accessory second unit is restricted to the maximum size allowed per
the development standards set forth in this section;
C. starting in January 1, 2025, the accessory dwelling unit shall be
considered legal only as long as either the primary residence or the
accessory dwelling unit is occupied by the owner of record or state law is
amended to prohibit such requirements; and
d. the restrictions shall be binding upon any successor in ownership of the
property, and lack of compliance shall result in legal action against the
property owner for noncompliance with the requirements for an accessory
dwelling unit. In the event of violation, the property owner shall be
responsible for all fees and penalties, as well as the city's enforcement
costs.
12. Conversion of existing primary unit. An existing primary dwelling may be
converted to an accessory dwelling unit if it complies with all applicable
requirements of this ordinance. If so, a new, larger primary residence may be
constructed.
13. Design requirements for new units. All new accessory dwelling units must
comply with the following design requirements:
a. The exterior materials, colors, roof pitch and architecture shall match the
primary unit.
b. Accessory dwelling units shall not exceed the height level of the tallest
existing structure on the parcel or as required in the base zoning district,
whichever is less.
C. Lighting shall not spill on to neighboring lots.
Any attached accessory dwelling unit shall be attached to the living area
of the primary dwelling unit by a common wall or floor/ceiling, and not
simply by an attached breezeway, porch, or patio.
14. Accessibility standards. New construction of any ground level accessory
dwelling unit shall be designed and constructed to allow for
disability/accessibility standards. Plans shall demonstrate future entrance
capability and actual construction shall include adequate door and hallway
widths, maneuvering space in kitchens and bathrooms, and structural
reinforcements for grab bars.
15. Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit.
26-685.50 Accessory Dwelling Unit and Junior Accessory Dwelling Unit
Exceptions.
1. Accessory dwelling units shall be approved for the following types of accessory
dwelling units, regardless of whether the applicant meets the development
standards contained in this Title. In no event may any parcel with a single-
family dwelling have more than one accessory dwelling unit on site or more than
one junior accessory dwelling unit per site. In no event may any parcel with a
multi -family housing unit have more than two accessory dwelling units or any
junior accessory dwelling units on site. Accessory dwelling units are accessory
to the primary dwelling unit. Therefore, accessory dwelling units shall not be
assigned an address separate from the primary dwelling unit. For multi -family
residential dwellings, the project plans and application shall clearly identify the
unit the proposed accessory dwelling unit is accessory to.
a. For Single Family Dwelling lots in residential zones, either:
i. One accessory dwelling unit and one junior accessory dwelling unit
per lot may be constructed within an existing or proposed single-
family dwelling. Alternatively, the accessory dwelling unit may be
constructed within an existing accessory structure (as that term is
defined in Government Code section 65852.2) and such proposal
may include an expansion of not more than 150 square feet beyond
the physical dimensions of the existing accessory structure to
accommodate ingress and egress. Each accessory dwelling unit and
junior accessory dwelling unit must have exterior access and side
and rear setbacks sufficient for fire safety and comply with all other
setback requirements. If the unit is a junior accessory dwelling unit, it
must also comply with the requirements of Section 26-685.70 below;
or
ii. One detached, new construction, accessory dwelling unit with
setbacks of at least four feet from side and rear yards and in
compliance with front yard setbacks, no more than eight hundred
(800) square feet floor area, and a height not exceeding sixteen (16)
feet on a lot with an existing or proposed single family dwelling. No
windows and/or doors shall be located within 10 feet from the side
and/or rear property lines.
b. On a lot with an existing multifamily dwelling within a residential zone:
i. Accessory dwelling units may be constructed in areas that are not
used as livable space within an existing multi -family dwelling
structure (e.g., storage rooms, boiler rooms, passageways, attics,
basements, or garages), provided the spaces meet state building
standards for dwellings. The number of interior accessory dwelling
units permitted on the lot shall not exceed twenty-five percent (25%)
of the current number of units of the multi -family complex on the lot
and at least one such unit shall be allowed; and
ii. Up to two (2) detached accessory dwelling units may be
constructed, provided they are no taller than sixteen (16) feet, and
they have at least four (4) feet of side and rear yard setbacks.
Detached accessory dwelling units constructed pursuant to this
subsection (b) shall not exceed eight hundred (800) square feet in
floor area.
2. Accessory dwelling units approved under this Section 26-685.50 shall not be
rented for a term of 30 days or less.
3. Accessory dwelling units or junior accessory dwelling units approved under this
Section 26-685.50 shall not be required to correct legal nonconforming zoning
conditions as a pre -condition to obtaining this authorization.
26-685.60 Accessory dwelling units —General plan consistency.
In adopting these standards, the city recognizes that the approval of dwelling units may,
in some instances, result in dwelling densities exceeding the maximum densities
prescribed by the general plan. The city finds that this occurrence is consistent with the
general plan, as dictated under state planning and zoning law applicable to accessory
dwelling units.
26-685.70 Junior Accessory Dwelling Units.
1. Purposes: This section provides standards for the establishment of junior
accessory dwelling units. Junior accessory dwelling units will typically be
smaller than an accessory dwelling unit, will be constructed within the walls of
an existing or proposed single family residence and requires owner occupancy
in the single-family residence where the unit is located.
2. Size: A junior accessory dwelling unit shall not exceed 500 square feet in size.
3. Owner Occupancy: The owner of a parcel proposed for a junior accessory
dwelling unit shall occupy as a primary residence either the primary dwelling or
the junior accessory dwelling. Owner -occupancy is not required if the owner is
a governmental agency, land trust, or "housing organization" as that term is
defined in Government Code Section 65589.5(k)(2), as that section may be
amended from time to time.
4. Sale Prohibited: A junior accessory dwelling unit shall not be sold
independently of the primary dwelling on the parcel.
5. Short term rentals: The junior accessory dwelling unit shall not be rented for
periods of 30 days or less.
6. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit
shall be entirely within a single-family residence.
7. Kitchen Requirements: The junior accessory dwelling unit shall include an
efficiency kitchen, including a food preparation counter and storage cabinets
that are of reasonable size in relation to the size of the junior accessory
dwelling unit.
8. Parking. No additional parking is required beyond that already required for the
primary dwelling.
9. Fire Protection; Utility Service. For the purposes of any fire or life protection
ordinance or regulation or for the purposes of providing service for water,
sewer, or power, a junior accessory dwelling unit shall not be considered a
separate or new unit, unless the junior accessory dwelling unit was constructed
in conjunction with a new single-family dwelling. No separate connection
between the junior accessory dwelling unit and the utility shall be required for
units created within a single-family dwelling, unless the junior accessory
dwelling unit is being constructed in connection with a new single-family
dwelling.
10. Deed Restriction. Prior to the issuance of a building permit for a junior
accessory dwelling unit, the owner shall record a deed restriction in a form
approved by the city that includes a prohibition on the sale of the junior
accessory dwelling unit separate from the sale of the single-family residence,
requires owner -occupancy consistent with subsection (3) above, does not
permit rentals for periods 30 days or shorter, and restricts the size and
attributes of the junior dwelling unit to those that conform with this section.
SECTION 3. Municipal Code% Effective January 1, 2020, Chapter 26 (Zoning),
Article VIII (Residential Agricultural Zone/Single Family Zone), Division 1 (Generally),
Section 26-391 (Permitted Uses), Subsection 2(b) is hereby deleted and replaced as
follows:
(b) Accessory Dwelling Units and Junior Accessory Dwelling Units as allowed per
Division 11 (Accessory Dwelling Units) of Article XII (Special Regulations for Unique
Uses) of Chapter 26 (Zoning) of the West Covina Municipal Code
SECTION 4. Municipal Code% Effective January 1, 2020, Chapter 26 (Zoning),
Article IX (Multiple Family Zone), Division 2 (Permitted and Prohibited Uses), Section
26-436 (Permitted Uses Enumerated) is amended to add a new subsection (i) as
follows:
(i) Accessory Dwelling Units and Junior Accessory Dwelling Units as allowed per
Division 11 (Accessory Dwelling Units) of Article XII (Special Regulations for Unique
Uses) of Chapter 26 (Zoning) of the West Covina Municipal Code
SECTION 5 Urgency. Effective January 1, 2020 multiple new housing relating to
accessory dwelling units (ADUs) will become law, including AB 68, AB 881, SB 13,
AB 587, and AB 670. Subsection (a)(4) of Government Code 65852.2 will state in part,
"if a local agency has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void...." If the City is
unable to enforce its design standards, or otherwise approve ADUs in a manner
consistent with state law effective January 1, 2020, the City could be required to
approve ADUs that are directly inconsistent with the development standards that apply
throughout the City, or could be subject to litigation. The City desires to allow the public
to know the processes that will apply to proposed ADUs effective January 1, 2020, and
absent an urgency ordinance, the ordinance could not be in effect by January 1, 2020.
For these reasons, this ordinance is necessary for the immediate preservation of the
public peace, health and safety.
SECTION 6. Compliance with CEQA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code
section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines
sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new
construction or small structures] and 15305 [minor alterations to land]. This ordinance
is also exempt under CEQA Guidelines section 15061, because this ordinance will not
have a significant effect on the environment, because ADUs will largely constitute infill
housing which is exempt from CEQA.
SECTION 7. Inconsistencies. Any provision of this ordinance which is inconsistent
with state law shall be interpreted in a manner to be consistent with state law. Any
provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council of the City of West Covina
hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or portions be declared
invalid or unconstitutional.
SECTION 9. Effective Date. Consistent with its authority to adopt an urgency
ordinance pursuant to Government Code 36934 and 36937, this Ordinance shall take
effect immediately.
SECTION 10. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or
posted in the manner required by law.
SECTION 11. Transmit Ordinance to HCD. The City Clerk is directed to send a copy
of this ordinance to the Department of Housing and Community Development within 60
days of the adoption of this ordinance.
PASSED AND ADOPTED this 17"' day of December, 2019 by the following 4/5
vote:
APPROVE TO FORM
Thomas . Du
City Attorney
Tony Wu, or
EST
Lisa r
Ass' t City Clerk 7� -
I, Lisa Sherrick, Acting Assistant City Clerk, of the City of West Covina, custodian of the original
records, which are public records which I maintain custody and control for the City of West Covina
do hereby certify the foregoing Ordinance, being Urgency Ordinance No. 2465 as passed by the City
Council of the City of West Covina, signed by the Mayor of said Council, and attested by the
Assistant City Clerk, at a regular meeting of the City Council held on the 17'h of December 2019, and
that the same was passed by the following vote, to wit:
AYES: Castellanos, Shewmaker, Lopez-Viado, Wu
NOES: Johnson
ABSENT: None
ABSTAINED: None
c
Lis herric
start City Clerk