Division 3 — AFFORDABLE HOUSING AND DENSITY BONUS INCENTIVES

(a)

The purpose of this division is to provide requirements and incentives for the development of affordable housing units in conjunction with other residential, mixed-use, and commercial projects by partnering with affordable housing providers as provided by state law. The following provisions are intended to implement the policies of the City's General Plan to encourage the production of affordable housing for all economic groups, and housing for disabled and elderly residents, transitional foster youth, and disabled veterans, and homeless persons as defined in Government Code 65915, all of which is integrated, compatible with and complements adjacent uses, and is located near public and commercial services.

(b)

The incentives offered in this division are provided by the City as a means of meeting its commitment to encourage housing affordability to all economic groups, and to meet the regional fair share requirements for the construction and rehabilitation of affordable housing for very-low-, low-, and moderate-income persons.

(c)

This division shall be interpreted in a manner supplementary to, and consistent with, the California Government Code 65915, et seq., as it may be amended from time to time.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-144. - Definitions.

The definitions found in state density bonus law shall apply to the terms contained in this section.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-145. - Applicability.

(a)

The provisions of this division apply to a housing development consisting of either five (5) or more general dwelling units. A housing development as defined in state density bonus law shall be eligible for a density bonus and other regulatory incentives that are provided by state density bonus law when the applicant seeks and agrees to provide very-low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the

threshold amounts specified in state density bonus law. A housing development includes only the residential component of a mixed-use project.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Any applicant requesting a density bonus and any incentive(s), concession(s), waiver(s), parking reductions, or commercial development bonus provided by state density bonus law shall submit a density bonus application as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development, commercial development, or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with California Government Code Section 65943.

(b)

The density bonus application shall include the following minimum information:

(1)

Requested density bonus.

(2)

Summary table showing the maximum number of dwelling units permitted by the zoning and General Plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

(3)

A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

(4)

The zoning and General Plan designations and assessor's parcel number(s) of the housing development site.

(5)

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.

(6)

Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very-low or lower income households in the five-year period preceding the date of submittal of the application.

(7)

If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code Section 65915, subdivision (g) can be met.

(8)

Requested concession(s) or incentive(s). In the event an application proposes concessions or incentives (a reduction in site development standards or a modification of zoning code or architectural design requirements) for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:

a.

The City's usual development standard and the requested development standard or regulatory incentive.

(9)

Requested waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to state density bonus law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:

a.

The City's usual development standard and the requested development standard.

b.

Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.

(10)

Requested parking reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.

(11)

Child-care facility. If a density bonus or incentive is requested for a child-care facility in a housing development, reasonable documentation that all of the requirements included in California Government Code Section 65915, subdivision (h) can be met.

(12)

Condominium conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all the requirements included in California Government Code Section 65915.5 can be met.

(13)

Commercial development bonus. If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in Section 21.86.110, and reasonable documentation that each of the standards included in Subsection 21.86.110(C) has been met.

(14)

Fee. Payment of any fee in an amount set by resolution of the City Council for staff time necessary to determine compliance of the density bonus plan with state density bonus law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-147. - Density bonus.

(a)

All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of affordable units needed for a given density bonus project.

(b)

When calculating the density bonus, the base density shall be the allowed gross density of the property allowed under the applicable zoning code.

(c)

If a housing development qualifies for a density bonus under more than one (1) income category, or additionally as a senior citizen housing development as defined in state density bonus law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one (1) category can be combined up to the maximum allowed under state density bonus law.

evelopment as defined in state density bonus law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one (1) category can be combined up to the maximum allowed under state density bonus law.

(d)

The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law.

(e)

The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in California Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under state density bonus law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-148. - Discretionary density bonuses.

(a)

In providing opportunities for the granting of density bonuses in excess of those specified in article IV, division 3, it is the City's intent to be of further meaningful assistance to promoting the development of housing to meet the diverse housing needs of the community. This notwithstanding, proposals for discretionary density bonuses shall be carefully reviewed and considered and may only be granted where standards set forth under subsection (b) have been determined to be met.

(b)

Determination of discretionary density bonuses. Rather than utilizing a specific formula, the determination of whether and at what level to grant a discretionary density bonus shall be based on a case-by-case evaluation of proposed housing developments. The factors to be considered in this evaluation shall include, but are not limited to:

(1)

The type and extent of target units being proposed.

(2)

That the density bonus is necessary to make the project economically feasible.

(3)

That the proposed housing will help fulfill the housing needs of the community as established within the housing element of the General Plan.

(4)

That the housing development reflects high standards in the quality of design and provision of amenities.

(5)

That the proposed housing development is compatible with the surrounding neighborhood.

(c)

A density bonus of greater than thirty-five (35) percent above the otherwise allowable density, but in no case greater than one hundred (100) percent as allowed in each income category of the state density bonus law may be granted at the City's discretion to applicants that agree to provide the following types of housing, provided said housing developments comply with all other provisions of this division.

(1)

Greater than fifty (50) percent of the total dwelling units reserved for qualifying residents (senior citizens); or

(2)

Any combination of dwelling units, meeting or exceeding the minimum percentages specified state density bonus law, reserved for and affordable to very low-income households, reserved for and affordable to lower-income households, and reserved for qualifying residents (senior citizens).

(d)

A density bonus of greater than thirty-five (35) percent above the otherwise allowable density, but in no case greater than two hundred (200) percent, may be granted at the City's discretion to applicants that agree to provide any combination of dwelling units where all of the units are reserved for and affordable to very low- income households and/or lower-income households.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-149. - Incentives and concessions.

(a)

Incentives and concessions area a reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards, and which results in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:

(1)

Reduced minimum lot sizes and/or dimensions.

(2)

Reduced minimum lot setbacks.

(3)

Reduced minimum outdoor and/or private outdoor living area.

(4)

Increased maximum lot coverage.

(5)

Increased maximum building height and/or stories.

(6)

Reduced minimum building separation requirements.

(7)

Reduced street standards, such as reduced minimum street widths.

(8)

Reduced standards included in the West Covina Multi-Family Objective Design Standards.

(b)

If an applicant requests a height increase pursuant to AB 2334 (2022), increased maximum building height and/or stories may not be granted as a concession.

(c)

The number of incentives or concessions that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

(d)

Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

(e)

For the purposes of this calculation, each individual deviation from the zoning requirements, rules, or other standards or conditions of the City shall constitute a separate concession. However, a variation in one (1) standard or requirement shall constitute only one (1) concession if, by necessity, the one (1) variation results in the automatic and unavoidable variation in a second standard.

(f)

Concessions shall not be provided to a development which obtains its entire density bonus entitlements through a qualifying land dedication.

(g)

Findings to deny incentive or concession. The City shall grant the incentive or concession requested by the applicant unless the City makes a written finding based upon substantial evidence of any of the following:

(1)

The incentive or concession is not required in order to provide for affordable housing costs or for affordable rents for the restricted units;

(2)

The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or

(3)

The incentive or concession would be contrary to state or federal law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria at the densities or with the concession or incentives permitted under this division. The applicant may request a meeting with the City.

(b)

The City shall not waive or reduce development standards if the waiver or reduction would:

(1)

Have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment.

(2)

Be contrary to state or federal law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Except for projects subject to Government Code section 65863.2, in the event an application proposes a parking reduction for a residential development project pursuant to Government Code Section 65915(p), as it may be modified from time to time, a table showing parking required by the zoning regulations, parking proposed under Government Code Section 65915(p), as may be modified from time to time and reasonable documentation that the project is eligible for the requested parking reduction.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-152. - Childcare facility.

(a)

When an applicant proposes to construct a residential development project that conforms to the requirements of this division and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the residential development project, the City shall grant an additional density bonus pursuant to Government Code Section 65915, as it may be modified from time to time.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-153. - Land donation.

(a)

If a density bonus is requested for a land donation as per Government Code Section 65915, the applicant shall provide the following:

(1)

The location of the land to be dedicated; and

(2)

A title report showing proof of site control.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

In accordance with Government Code Section 65915, as it may be modified from time to time, when an Applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the City, the City shall grant a commercial development bonus mutually agreed upon by the developer and the City. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development to provide affordable housing. The requirements for commercial development bonus are as follows, which shall also be described in the partnered housing agreement:

(1)

The residential development project shall be located either:

a.

On the site of the commercial development; or

b.

On a site within the City that is within one-half (½) mile of a major transit stop as defined in Government Code Section 65915, as it may be modified from time to time, and is located within one (1) mile of public amenities, including schools and employment centers.

(2)

At least thirty (30) percent of the total units in the residential development project shall be made available at affordable ownership cost or affordable rent for low-income households, or at least fifteen (15) percent of the total units in the residential development project shall be made available at affordable ownership cost or affordable rent for very low-income households.

(3)

The commercial developer must agree either to directly build the affordable units; donate a commercial development site consistent with state density bonus law, for the affordable units; or make a cash payment to the housing developer for the affordable units.

(4)

Any approved partnered housing agreement shall be described in the City's housing element annual report as required by Government Code Section 65915, as it may be modified from time to time.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

The City may not issue building permits for more than fifty (50) percent of the market rate units until it has issued building permits for all the affordable units, and the City may not approve any final inspections or certificates of occupancy for more than fifty (50) percent of the market rate units until it has issued final inspections or certificates of occupancy for all the affordable units.

(b)

Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

(c)

Affordable Units shall be built on site and shall be dispersed within the housing development. The number of bedrooms of the affordable units shall be equivalent to the bedroom mix of the non-affordable units of the housing development, except that the developer may include a higher proportion of affordable units with more bedrooms. The design and appearance of the affordable units shall be compatible with the design of the overall housing development.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-156. - Review procedures.

(a)

All requests for density bonuses, incentives, parking reductions, waivers, or commercial development bonuses shall be considered and acted upon by the approval body with authority to approve the development within the timelines prescribed by California Government Code Section 65950 et seq., with right of appeal to the City Council, as applicable.

(b)

Eligibility for density bonus, incentive(s), parking reduction, and/or waiver(s) for a housing development. To ensure that an application for a housing development conforms with the provisions of state density bonus law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state law as applicable:

(1)

The housing development provides the affordable units or senior housing required by state density bonus law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very-low and low income households as required by California Government Code Section 65915, subdivision (c)(3).

(2)

Any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of California Government Code Section 65915, subdivision (k)(2).

(3)

The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.

(4)

The housing development is eligible for any requested parking reductions under California Government Code Section 65915, subdivision (p).

(5)

If the density bonus is based all or in part on donation of land, all of the requirements included in California Government Code Section 65915, subdivision (g) have been met.

(6)

If the density bonus or incentive is based all or in part on the inclusion of a child-care facility, all of the requirements included in California Government Code Section 65915, subdivision (h) have been met.

(7)

If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in California Government Code Section 65915.5

have been met.

(c)

If a commercial development bonus is requested for a commercial development, the decision-making body shall make a finding that the development complies with all of the requirements of Subsection 21.86.110(C), that the City has approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the City and the commercial developer.

(d)

The decision-making body shall grant an incentive or concession requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

(1)

The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for affordable rents, as defined in California Health and Safety Code Section 50053; or

(2)

The proposed incentive or concession would be contrary to state or federal law; or

(3)

The proposed incentive or concession would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

(e)

The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

(1)

The proposed waiver would be contrary to state or federal law; or

(2)

The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

(3)

The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

(f)

If any density bonus, incentive, concession, parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the City pursuant to section 26-146.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-157. - Density bonus housing agreement and senior housing agreement.

(a)

Density bonus housing agreement. Except where a density bonus, incentive, waiver, parking reduction, or commercial development bonus is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the City, in a form approved by the City Attorney, to be executed by the City Manager, to ensure that the requirements of this section are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of fiftyfive (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.

(b)

Senior housing agreement. Where a density bonus, waiver, or parking reduction is provided for a marketrate senior housing development, the applicant shall enter a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws.

(c)

The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.

(d)

The affordable housing agreement shall include, but not be limited to, the following:

(1)

The number of density bonus dwelling units granted;

(2)

The number and type of affordable dwelling units;

(3)

The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;

(4)

The proposed location of the affordable dwelling units;

(5)

Schedule for production of affordable dwelling units;

(6)

Incentives or concessions or waivers provided by the City;

(7)

Where applicable, tenure and conditions governing the initial sale of the affordable units;

(8)

Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units;

(9)

Marketing plan; publication and notification of availability of affordable units;

(10)

Compliance with federal and state laws;

(11)

Prohibition against discrimination;

(12)

Indemnification;

(13)

City's right to inspect units and documents;

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-158. - Fees and expenses.

(a)

An administrative fee shall be charged to the applicant for City review of all materials submitted in accordance with this division for implementation and on-going enforcement of the provisions of this division.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-159. - Interpretation.

(a)

If any portion of this chapter conflicts with state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-160. - Severability.

(a)

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 4. - URBAN DWELLING UNITS

Sec. 26-161. - Applicability.

(a)

The City shall ministerially review a housing development containing no more than two (2) residential units through the second floor review process, if it meets the following requirements:

(1)

The parcel is located within a single-family residential zone.

(2)

The parcel is not located in any of the following areas and does not fall within any of the following categories:

a.

A historic district or property included on the state historic resources inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City landmark or historic property or district pursuant to a City ordinance.

b.

A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

c.

A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the City's building department.

(3)

The proposed housing development would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b.

Housing that is subject to any form of rent or price control by the City;

c.

A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date of the application; or

d.

Housing that has been occupied by a tenant in the last three (3) years.

(4)

Demolition of an existing unit that has not been occupied by a tenant in the last three (3) years shall not exceed more than twenty-five (25) percent of the existing exterior structural walls.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-162. - Standards and requirements.

(a)

Number of units. There shall be no more than two (2) primary dwelling units per lot where an urban dwelling unit is constructed or proposed. The existing primary residential unit and existing/proposed urban dwelling unit will be counted toward the maximum number of units. Each primary unit may have no more than one (1) accessory dwelling unit (ADU) and/or junior accessory dwelling (JADU) unit for a total of four (4) units per lot. When an urban dwelling unit is constructed on a lot, the maximum size new construction detached ADU shall be eight hundred (800) square feet and/or the maximum size JADU shall be five hundred (500) square feet. All other standards within division 2 of article IV of chapter 26 shall be complied with.

(1)

When an urban lot split/subdivision is proposed, no more than two (2) units per lot shall be allowed. The existing primary dwelling unit and existing ADU/JADU shall be counted toward the maximum number of units. Construction on lots created through the urban lot split process shall be limited to urban dwelling units.

(b)

Setbacks.

(1)

Existing structures. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

(2)

Side and rear setback for new structures and additions. The minimum setback from the side and rear property line is four (4) feet. The proposed residential unit(s) occupying an urban lot subdivision may be constructed directly along the side property line adjoining and attached to the unit within the same urban lot split subdivision, if the construction of an 800-square-foot unit would not be physically possible without the setback reduction.

(3)

Front setback for new structures and additions. The minimum setback from the front property line is twenty-five (25) feet. The front setback may be reduced to ten (10) feet if the construction of an 800square-foot unit would not be physically possible without the front setback reduction after the implementation of subsection (b)(2). of this section is incorporated with the project design.

(c)

Maximum size. The maximum size of an urban dwelling unit shall not exceed eight hundred (800) square feet.

(d)

Minimum size. The minimum size of an urban dwelling unit shall be five hundred (500) square feet.

(e)

Maximum height. An urban dwelling unit, or additions to an existing structure within a proposed urban lot split subdivision shall not be more than one-story and shall not exceed sixteen (16) feet in height. Projects may be exempt from the one-story height limitation and may be constructed up to twenty-five (25) feet in height if the construction of an 800 square-foot unit would not be physically possible without the height increase after the implementation of (b)(2) and (b)(3) of this section is incorporated with the project design.

(1)

In cases where an urban dwelling is being added by subdividing an existing structure, the height requirements of this subsection do not apply.

(f)

Front yard landscaping and paving/hardscape.

(1)

The driveway/pavement/hardscape width in the front yard shall be limited to the width of the garage, or twelve (12) feet if the lot does not have a garage.

(2)

Within the front yard, a minimum of fifty (50) percent of the land area shall be maintained with landscaping consisting of live organic plant materials. Paving which incorporates planting cells such as turf block, grass grid, open-cell unit paver, geoblock, or grasscrete may be counted towards the landscaping requirement with the exclusion of the hard surface. Parking on such composite planted paving is not allowed.

(3)

A minimum of one (1) 24-inch box-sized tree shall be planted on the front yard. If the urban lot split includes a flag lot, the front yard shall be the side of the lot directly in front of the primary entrance to the urban dwelling unit.

(g)

Objective design standards.

(1)

Additions to existing structures. Additions to existing structures shall utilize the same exterior materials, color, roof pitch, and architecture of the existing structure on the lot.

(2)

New construction. The following standards shall apply to all new construction:

a.

The front elevation shall include the primary entrance to the unit and a roofed porch. The porch may utilize a protruding or recessed design that provides for a roofed porch that is a minimum six (6) feet deep and six (6) feet wide.

b.

All structures shall have at least two (2) exterior building wall materials. The building wall material option shall be limited to stucco, wood, rock/stone, brick, or decorative hand-painted tile. The building materials utilized shall be continued throughout the exterior of the house on all elevations. Window or door trims shall not be counted towards the material requirement.

c.

Windows:

1.

Treatment on windows shall be incorporated into the window design. Allowable window treatments shall be limited to the following: stucco pop outs, wood trim, pot shelves, shutters, or recessed windows.

(i)

Recessed windows shall be one (1) inch to two (2) inches from the exterior building wall.

(ii)

The height and width of window shutters shall be proportionate to the height and width of the window utilizing the treatment. The shutters shall be wide and tall enough to completely cover the exterior of each side of the window without exceeding the dimensions of the window by greater than two (2) inches.

2.

Second-floor side windows shall be limited to clerestory windows for light and ventilation measured no less than five (5) feet above the interior floor level.

d.

The roof design shall be limited to gable, dutch-gable, or hipped. Flat-roofs and/or shed roofs are prohibited. For the purposes of this subsection, "flat-roof" shall mean having a roof pitch of less than 2:12.

1.

Spanish and/or Mediterranean style urban dwellings shall utilize rounded or "S" roof tiles, or a combination thereof.

e.

The color palette for the urban dwelling shall include a minimum of two (2) colors. The color utilized for the main wall shall be a different color than the color used for the architectural trim (e.g., window/door trim).

f.

Balconies, second-story decks and/or exterior staircases are prohibited. All staircases shall be located within an enclosed structure.

(h)

Residents of urban dwelling units are not eligible for any type of street parking permit.

(i)

The applicant shall provide easements for the provision of public services and facilities as required.

(j)

No additional accessory structures other than a 20-foot deep and 10-foot wide one-car garage for each urban dwelling unit shall be allowed on lots/parcels developed with an urban dwelling unit. Construction of the one-car garage shall be dependent upon compliance with the maximum building coverage requirements listed within table 2-4 of section 26-46.

(k)

All lots shall have a minimum street frontage of twelve (12) feet to provide for vehicular access.

(l)

Off-street parking shall be limited to one (1) space per unit, except that no parking requirements shall be imposed in either of the following circumstances:

(1)

The parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or

(2)

There is a car share vehicle located within one (1) block of the parcel.

(m)

For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years, which shows that the system meets acceptable infiltration rates.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 35, 3-18-25)

Sec. 26-163. - Authority.

(a)

The City shall not require or deny an application based on any of the following:

(1)

The City shall not impose any objective zoning or design review standards that would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet.

(2)

The City shall not deny an application solely because it proposes adjacent or connected structures, provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-164. - Affidavit.

(a)

An applicant for an urban dwelling shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:

(1)

That the uses shall be limited to residential uses.

(2)

That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one (31) days.

(3)

That the maximum number of units to be allowed on the parcels is two (2), including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to chapter 26 (zoning).

(4)

That the site and/or residence of the site is not eligible for any type of street parking permit.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-165. - Building official denial procedure.

(a)

The City may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-166. - Effects on other ordinances.

(a)

The provisions of this division supersede any contrary provisions in the West Covina Municipal Code to the contrary.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)