Division 5 — MULTI-UNIT DWELLING OBJECTIVE DESIGN STANDARDS

The purpose of the West Covina Multi-Family Residential Objective Design Standards is to respond to Senate Bill (SB) 330 and supplement the multi-family residential development standards of this Code (WCMC). SB 330, "The Housing Crisis Act of 2019," is a state-wide bill intended to streamline housing development approval processes in California. As a result of SB 330, multifamily residential development projects and/or mixed- use development projects with at least two-thirds of the square footage designated for residential use meeting certain eligibility requirements are subject to specific review processes. State law requires cities to approve eligible housing proposals through ministerial processes based on objective standards that "involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal." The West Covina Multi-Family Residential Objective Design Standards provide clear expectations on the design of new multi-family residential development within the City, outlining objective design standards that allow for predictable development outcomes.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

The West Covina Multi-Family Residential Objective Design Standards are minimum design requirements that apply to new multi-family residential and mixed-use development located in the following areas within the City:

(1)

Office and commercial zones—OPMU, NMU, RMU, SMU

(2)

Multiple family zones—MF-8, MF-15, MF-20, and MF-45

(b)

The multi-family residential objective design standards apply to site and building design only. Development standards such as density, building setbacks and heights, open space, and off-street parking requirements are contained in chapter 26 of this Code.

(c)

If a multi-family residential development project or a residential mixed-use development project is eligible for SB 330 and complies with all applicable requirements of this Code and these objective design standards, then the City shall approve the project through the ministerial process without public hearings.

(d)

Multi-family residential development projects and residential mixed-use development projects not covered under SB 330 must also comply with the West Covina Multi-Family Residential Objective Design Standards and applicable design guidelines. The applicable City review procedures would apply to these projects.

(e)

The Community Development Director or their designee may allow certain deviations from the design standards on a case-by-case basis, provided the requested deviations meet the intent of the multi-family residential objective design standards and are approved by the Planning Commission.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-169. - Multi-unit dwelling objective design standards.

New multi-family and mixed-use developments shall be subject to the standards included in multi-family objective design standards document, chapter 2 objective design standards.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 6. - LIVE/WORK UNITS

Sec. 26-169.1. - Live/work units.

(a)

The following commercial/residential activities, conducted wholly within enclosed buildings, shall be permitted provided the commercial/office uses shall occur in conjunction with residential uses and are not standalone uses:

(1)

Apparel—Custom tailoring and sales of apparel, clothing and other sewing products made on the premises;

(2)

Artists and craft/sculpture products, sales galleries, and studios;

(3)

Internet-based commerce (no inventory, no pornography);

(4)

Office—Creative/tech-based offices and services;

(5)

Office—Professional offices and services;

(6)

Photographer/photography studios;

(7)

Residential uses in conjunction with office, retail or other work-related uses as permitted herein for live/work development;

(8)

Spas and personal care to include nail salons and hair salons (for single patron use only);

(9)

Similar uses permitted by the determination of the Community Development Director.

(b)

The Community Development Director or their designee may permit any other uses that the Community Development Director or their designee determine to be similar to those listed above, in conformity with the intent of the zone, and not detrimental to public health, safety and welfare, or to other uses permitted in the zone.

(c)

The property development standards set forth in article II, division 2 of the West Covina Development Code shall apply to all live/work units. The following standards shall also apply to live/work units:

(1)

Live/work units include the residential living dwelling and a workspace within one (1) unit of a building for self-employed residents. A live/work unit may be fully residential units.

(2)

The workspace component of a live/work unit shall be limited to a maximum of fifty (50) percent of the entire unit area (not including porches and garages), and can only be located on the ground floor.

(3)

The property manager will be responsible for controlling hours of business, signage standards, visitor and guest parking, carport area appearances, etc.

(4)

Storage of hazardous materials necessary for work activities within a live/work unit may be stored in controlled areas per the California Building Code and the West Covina Fire Department.

(5)

The work portion of the unit shall be used by the owner or renter of the residential portion of the unit.

(6)

Live/work units are single-tenant spaces that include both residential and commercial/office uses within a single unit, including a business to be conducted solely by the resident. In no instance shall the work portion of the live/work unit be sub-leased.

(7)

Noise levels generated by live/workspaces shall conform to the City of West Covina Noise Ordinance.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 7. - LOW BARRIER NAVIGATION CENTERS

(a)

Purpose. The purpose of this division is to establish standards for low-barrier navigation centers and to ensure this use in constructed and operated in a manner that is consistent with the requirements and allowances of California Government Code Section 65660 relating to low barrier navigation centers.

(b)

Permit required. An application shall be submitted to the planning department for the development and operation of a low barrier navigation center. The Community Development Director or their designee shall notify a developer whether the application is complete within thirty (30) days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed with the planning division.

(c)

Where allowed. Low barrier navigation centers shall be allowed by right in nonresidential and mixed-use zoning districts that include multi-family residential development.

(d)

Development and operational standards. The following standards shall apply to low barrier navigation centers:

(1)

The low barrier navigation center shall offer services that connect people to permanent housing through a service plan that identifies services staffing;

(2)

Coordinated entry system. The low barrier navigation center shall be linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing;

(3)

The low barrier navigation center shall comply with chapter 6.5 (commencing with Section 8255) of division 8 of the Welfare and Institutions Code; and

(4)

Homeless management information system. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by Section 578.3 of the Title 24 of the Code of Federal Regulations.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

ARTICLE V. - NONCONFORMITIES DIVISION 1. - GENERAL NONCONFORMING PROVISIONS

This division establishes uniform provisions for the regulations of legal nonconforming land uses, structures and parcels. Within the zoning districts established by this Development Code, there are existing land uses, structures, and parcels that were lawful before the adoption, or amendment of this Development Code, but that would be prohibited, regulated, restricted differently under the terms of this Development Code or future amendments. It is the intent of this Development Code to discourage the long-term continuance of nonconformities, but to permit them to exist under the limited conditions outlined in this article. This article is intended to be administered in a manner that encourages the eventual abatement of nonconformities.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-171. - Establishment of nonconforming uses, structures.

A nonconforming building, structure or other physical feature is a legally established building, structure or other physical feature which does not meet the standards of the zoning district in which it is located. It can also be a building, structure or other physical feature for which an administrative use permit, variance or other similar permit is required but for which no such permit has been obtained because the building, structure, or other physical feature was established prior to the application of the existing zoning district

due to rezoning, annexation or other change in the regulation of the Development Code. Legally established nonconforming building, structures or other physical features shall be governed by the following regulations:

(a)

Nonconforming buildings, structures, or other physical features may be continued indefinitely subject to the provisions of this division.

(b)

A nonconforming building, structure, or other physical feature shall not be reconstructed, except as provided for in division 4 of this article, expanded, or enlarged unless the new work will be in conformance with the regulations and standards of the zoning district in which is it located and the new provisions of the ordinance.

(c)

A nonconforming building, structure, or physical feature may be remodeled, rehabilitated or structurally altered if the new work does not increase the degree of the non-conformity.

(d)

A nonconforming, structure, or physical feature damaged or destroyed by any means except demolition or intentional removal, may be reconstructed to its original condition if the chief building inspector determines that the costs of reconstruction does not exceed fifty (50) percent of the replacement construction value of the building or structure at the time of damage or destruction as determined by the building official. The building official shall conduct a review and may limit reconstruction of parts of the project that would create a health or safety issue. The building official review shall identify those items that, for reasons of health and safety, shall not be allowed to be reconstructed to the dimensions, footprint, or use as they were prior to the damage, and shall provide for those items the required degree of compliance with the current code. Where the building official determines that the costs of reconstruction exceed fifty (50) percent of the replacement construction value of the building at the time of its destruction of or damage, a nonconforming building, structure or physical feature may be reconstructed to its original or other nonconforming condition only upon the approval of a variance by the Planning Commission pursuant to the provisions of article VI, division 5 applied for within one (1) year of damage or deconstruction. The Planning Commission may require as a condition of approval that the building is thereafter devoted to a conforming use. The Planning Commission must make the following findings to approve such a use permit.

(1)

The proposed reconstruction of a nonconforming building, structure or physical feature will not be detrimental to any existing or potential permitted use, building or structure in the area in which the nonconforming use is located.

(2)

This finding shall be in addition to those required for the approval of a variance contained in article VI, division 5.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-172. - Continuation and maintenance.

(a)

Continuation of nonconforming uses and structures.

(1)

Except as otherwise provided herein, any structure or use legally established on the effective date of the Development Code, may continue as a nonconforming parcel, structure or use.

(2)

Any structure or use legally established prior to the annexation of the property may continue as a nonconforming structure or use, respectfully.

(3)

A change in ownership or tenancy without any change in use, occupancy or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this article.

(b)

Maintenance of nonconforming uses and structures

(1)

Routine maintenance and repairs may be performed on a nonconforming parcel, use or structure provided such work does not involve structural alterations or any enlargement of the structure subject to the granting on building permits as required by the building official.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-173. - Continuation of nonconformities.

(a)

Maintenance and repairs allowed.

(1)

A nonconformity (i.e., parcel, sign, structure, or use) may be maintained and continued with customary maintenance and repair without any expansion or enlargement of area, space, or volume, except for improvements and expansions specified in subsection (b), below. A nonconformity may be maintained provided that no structural alterations shall be made to structural supporting members (i.e., bearing wall,

column, beam, girder, rafter, joist), except as required for health and safety as determined by the building official.

(b)

Improvements and expansions allowed.

(1)

The addition of one (1) accessory structure related to a conventional single-family dwelling provided that all structures shall comply with all other regulations of the zone (This does not apply to accessory dwelling units);

(2)

The addition of animal sheds or shades, hay barns, etc. for agricultural operations where there is no increase in animals, wastewater, or employees;

(3)

The continued use and expansion of certain nonconforming communications buildings and structures (including, but not limited to, radio towers, wireless facilities, and antennas) that directly or indirectly provide or support emergency services within the county (including, but not limited to, the broadcast of Emergency Alert System messages or public agency communications) may be allowed subject to the approval of a conditional use permit in compliance with article VI, division 4 and the following findings;

a.

That the improvement and/or expansion of the nonconformity is directly or indirectly related to the provision of emergency services within the county and will provide these services for the lifetime of the project;

b.

That the improvement and/or expansion of the existing nonconforming building or structure will not result in an increase of more than one hundred (100) percent of the original floor area of the nonconformity, not including the floor area of any previously approved expansions; and

c.

That the improvement and/or expansion of the nonconformity would not be detriment to the public health, safety and general welfare.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)