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AGENDA
ITEM NO. 4
DATE: December 10, 2024

PLANNING DEPARTMENT STAFF REPORT

SUBJECT

CODE AMENDMENT NO. 24-01
GENERAL EXEMPTION
LOCATION: Citywide
REQUEST: The Project includes amendments to Chapter 26 (Development Code) of the City’s Municipal Code to make corrections and incorporate required updates to comply with State Law, and the “Commercial” portion of the Planned Community Development No. 1 (PCD-1) for the West Covina Portion of Woodside Village to make development within the PCD-1 zoning consistent with the current zoning. The proposed code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

BACKGROUND

At the June 2, 2020, City Council meeting, the City Council authorized the City Manager to apply for and receive the Local Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development, and enter into an agreement with the State for a grant of $500,000. LEAP was a one-time grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the acceleration of housing production and help local governments prepare for the 6th Cycle Regional Housing Needs Assessment. The City utilized the LEAP Grant to complete a comprehensive re-write of the City's Zoning Code (Development Code Update). The Development Code Update process included extensive community outreach. The new Development Code was adopted by the City Council on February 20, 2024.

The Development Code is a "living document" that is intended to be updated periodically. Planning Division staff has been implementing the new Development Code since it became effective March 2024. Staff has utilized the Development Code in responding to questions at the counter and on the phone as well as for review of development applications. Staff has made notations of issues as they were discovered. When the Development Code was adopted, it was understood that the City would go back to fix certain items found through the application of the code that were unintentionally left out, syntax/grammar/spelling/numbering errors, code items that have been enforcement issues, fix/clarify language that is unclear, etc.

Changes proposed to the Planned Community Development No. 1 (PCD-1) for the West Covina Portion of Woodside Village will make the application of PCD-1 consistent with current zoning designations. The code standards for PCD-1 states that all commercial development is required to comply with the standards in the Neighborhood Commercial zone (N-C). The N-C zone was replaced with the Neighborhood-Mixed Use (NMU) zone, so the reference to the zoning will be corrected.

In addition, the California Department of Housing and Community Development (HCD) sent the City a letter on September 18, 2024 (Attachment No. 2) stating that the current draft of the Housing Element Update complies with State law. However, before HCD is able to certify the City's Housing Element, the City is required to adopt certain code amendments related to emergency shelter parking, multifamily residential parking, minimum lot size for multifamily residential lots, and "by-right" multifamily residential developments.

Furthermore, the proposed code amendment also includes proactive minor revisions made to comply with new State laws that will take effect on January 1, 2025.

DISCUSSION

The following is an outline of the proposed changes to the Development Code:

HCD required changes for the Housing Element
The following changes are required by HCD in order for the City to obtain Housing Element certification.

Table 2-5 - The minimum lot size for all multifamily zones is proposed to be decreased to 20,000 square feet.
Sections 26-49(a)(2) and 26-212-(b) - Ensures that multifamily projects with at least 20-percent of the units reserved for lower income households are approved "by-right."
Table 2-12 - State law requires that emergency shelters are allowed "by-right" in zones where residential uses are allowed. The area that allows the most intense uses amongst the mixed-use zones is Regional Commercial Mixed Use (RMU). This area includes the Eastland Center and other mixed-use/commercial properties along Garvey Avenue N, east of the Eastland Center. All other zones require a conditional use permit.
Table 3-2, Section 26-90(b)(2), and 26-118(a)(5) - Changed the sole reference to "CUP" to "precise plan, CUP, or other entitlement as approved by the Planning Commission or City Council" because not all uses require a CUP. In addition, the parking ratio for multifamily residential uses was consolidated (removed separate requirements for mixed use and condominiums) and the parking ratio for emergency shelters has been reduced to 1 per staff, as required by HCD.

Development Code Update "Clean Up" Revisions

Capitalization throughout the document of the following terms: Community Development Director, City Engineer, Planning Commission, and City Council.
Section 26-38 - The definitions for "new structure" and "unclassified use permit (UUP)" were added
Section 26-45(b) - Clarification that additions and accessory buildings are required to be consistent in architecture, materials, and color as the primary structure was unintentionally deleted from the code, and is proposed to be reinserted.
Table 2-3 - Residential-Agriculture was unintentionally left out of the zoning designations with the minimum lot sizes and is proposed to be inserted.
Section 26-46(d) - Height increase exception for hillside lots is proposed to be added for structures that are designed to be built along the slope to discourage significant grading and the construction of large retaining walls.
Section 26-46(h) - The code does not address second story setbacks for new homes. In practice, this section has been applied to new homes as well, but the current language reads that it only applies to additions to existing homes. This was a carryover from the previous code and is in need of revision.
Section 26-71 - Clarifies that not all accessory structures require an administrative permit and deletes urban dwelling units in the exemptions because urban dwelling units are considered a primary unit by the Government Code.
Table 3-1 - Removed references to the R-1 section since accessory structures could be built on all residential zones. The maximum lot coverage column was also deleted since lot coverage and building coverage differs based on the underlying zone, and includes other structures in its calculation.
Section 26-73 - The section was renumbered in some portions for better organization and provisions regarding reflection angles and glare were added to address potential hazards and negative impacts to neighbors.
Sections 26-85(j), 26-00(d)(1) and 26-105(c) - Correct spelling errors
Section 26-89(a)(4) - Included quantifiable standards for motorhomes and recreation vehicles parked on driveways, and removed references to driveways leading to garages, since many garages have now been converted to ADUs.
Section 26-100 (a) - Removed timeframe and number of temporary noncommercial signs allowed, and increased maximum size to 32 square feet. The current language is difficult to enforce.
Section 26-100 (c) - Increased the timeframe for election season signs from 60 days to 90 days to be consistent with State law. Remove number and size limitations, and added a requirement for property owner's consent. The current language is difficult to enforce.
Section 26-117 - Removed repeated standards, renumbered, and reorganized accordingly.
Section 26-140 (b) - Changed "or" to "and" so that the portion of the ADU standards identifying ADUs allowed in the single-family residential zone is consistent with State law.
Section 26-162 (a) - Clarifies the number of units allowed on single family residential zoned properties with and without an urban lot split.
Sections 26-177 (a) and (b) - Added "and/or in conjunction with" because nonconforming uses are not necessarily always within structures (i.e. drive-throughs)
Section 26-270 - Made the public hearing notification process for CUP and Variance revocations consistent with State law and the public hearing notification section of the WCMC.
Section 26-287(b) - Added the Community Development Director and City Attorney as allowed initiators for Code Amendments.
Sections 26-298, 26-303, 26-304, 26-305, 26-310, 26-311, 26-317, 26-318, and 26-343 - When the Development Code was adopted, the intent was to the Community Development Director authority to approve Tentative Parcel Maps and extension of time requests for subdivisions, in order to process projects more efficiently. The changes made clarifies the review process and authority (City Engineer, Community Development Director, Planning Commission, and City Council) taking action on proposed maps and subdivisions.

New State Law

Section 26-187 - Clarified the public hearing notification procedures to be consistent with State law on the manner (newspaper and public area postings). The notification radius and timeframe has not changed, other than the increase from 10 days to 20 days for public hearing notices for zone changes, general plan amendments, and code amendments as required per State law (AB 2904) effective January 1, 2025.
Section 26-140 (c) - Changed the number of ADUs allowed in multifamily uses from two (2) to "eight (8) or one (1) per primary unit, whichever is less" to be consistent with new State law (SB 1211) that will be effective January 1, 2025.

REQUIRED FINDINGS

Before a Code Amendment is adopted, the following findings are required to be met:

1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan, and, in the case of a Zoning Code amendment, will not create any inconsistencies with this Chapter.

The purpose of the proposed Development Code amendment is to fix errors made in the Development Code Update adoption and to make the Development Code consistent with State law. Therefore, Code Amendment No. 24-01 maintains internal consistency with the goals, policies, and strategies of all elements in the General Plan and will not create any inconsistencies within Chapter 26.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City. The Code Amendment No. 24-01 is designed to improve the welfare of the City by fixing errors made in the Development Code Update adoption and making the revisions necessary to comply with State law.

3. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

Code Amendment No. 24-01 is statutorily exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The Code Amendment would not result in direct or indirect physical change in the environment and does not involve any construction or additions to any existing structures.

GENERAL PLAN CONSISTENCY

The proposed code amendment is consistent with the following General Plan Policies and Actions:

Policy 2.6 – Create a diversity of housing options.
Policy 3.1 – Preserve existing housing stock.
Policy 3.3 – New growth will complete, enhance, and reinforce the form and character of the unique West Covina neighborhoods, districts, and corridors.
Action 2.6a - Encourage multifamily projects that are urban in design and facilitate a pedestrian-oriented environment by utilizing ground-floor retail, and active and vibrant streetscapes. West Covina should promote opportunities, engage developers, and support higher-intensity, mixed-use multifamily residential development. The City can work to familiarize the development community with the City’s General Plan and Vision for Downtown, and emphasize the City’s commitment to a priority list of infrastructure investments, and expectations in terms of development/design quality.
Action 3.1 – Incorporate standards in the Development Code to preserve the existing form and character of stable residential areas and prevent encroachment of incompatible land uses and intensity.

ENVIRONMENTAL DETERMINATION

Pursuant to the State California Environmental Quality Act (CEQA) Guidelines, the City Council finds and determines that the ordinance is statutorily exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The ordinance would not result in direct or indirect physical change in the environment and does not involve any construction or additions to any existing structures.

LEGAL REVIEW:

Staff recommends that the Planning Commission adopt Resolutions No. 24-6157, recommending that the City Council approve Code Amendment No. 24-01.

Submitted by:

Jo-Anne Burns, Deputy Community Development Director

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