Agenda — Covina City Council, June 21, 2022 (part 4 of 4)

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: CC Regular Meeting - Jun 21 2022
Title: Ordinance 22-08, Approving an Extension of Urgency Ordinance 22-07 Establishing Regulations Pertaining to Two-unit Residential Developments and Urban Lot Splits in Single Family Residential Zones for a Period of 10 Months and 15 days Presented By: Brian K. Lee, AICP
Recommendation: Adopt Ordinance 22-08, Extending Urgency Ordinance 22-07 in Establishing Regulations Pertaining to Two-unit Residential Developments and Urban Lot Splits in Single Family Residential Zones for a Period of 10 Months and 15 days.

BACKGROUND:

Senate Bill 9 amended and added California Government Code Sections 66452.6, 65852.21 and 66411.7 to require ministerial approval of urban lot splits and the development of two residential units per lot in single-family residential zones. SB 9 was part of a slate of bills intended to increase the supply of housing in California and to provide for the development of more affordable housing. Cities are allowed to adopt local ordinances that address the specific needs of their communities, as long as the local ordinance complies with Senate Bill 9. On May 17, 2022, City Council adopted Urgency Ordinance No. 22-07, which imposes an interim 45-day Urgency Ordinance to regulate Urban Lot Splits and Urban Dwellings, pursuant to Senate Bill 9 Pursuant to California Government Code Section 65858(b), interim ordinances remain in effect for 45 days from the date of adoption, but may be extended for 10 months and 15 days following notice and a public hearing. An extension requires a four-fifths vote by the City Council. No more than two extensions may be adopted. If adopted, this will be the first extension. The City Council is also required to issue a report describing the measures taken to alleviate the condition which led to the adoption of the interim ordinance 10 days prior the expiration of an interim ordinance. Urgency Ordinance No. 22-07 is set to expire on July 1, 2022. The purpose of this report is for City Council to consider an extension of Urgency Ordinance No. 22-07, and Issuance of this report to satisfy the requirements of California Government Code 65858(d).

DISCUSSION:

GROUNDS FOR EXTENSION OF URGENCY ORDINANCE
The Urgency Ordinance intends to ensure that development of SB 9 projects are as compatible as possible with existing single family neighborhoods with regards to parking and safety, and scale and development intensity while being consistent with the State Law. It allows the City time to research and prepare a more comprehensive, permanent ordinance. The Planning staff is actively analyzing the new regulations and community needs in order to draft a permanent SB 9 Ordinance that complies with State law, protects the public health and safety, and provides orderly development of land within the City. The following specific actions are currently being undertaken:
• Staff is working with a consultant to develop easy to follow graphics to illustrate SB 9 lot split and twounit development, which ultimately will be poste to the City’s web. • Analyzing appropriate objective design standards for lot split and two-unit development. • Conducting technical analysis with other City departments involved in the development review process to ensure consistency of the Ordinance with requirements of those departments. • Collaborating with other jurisdictions to share knowledge on “best practice” standards for a permanent SB 9 Ordinance in Covina
• Refining standards and requirements in the Urgency Ordinance to ensure requirements are both consistent with SB 9 and appropriate for Covina.

It is anticipated that a regular ordinance reflecting any needed revisions will be brought before the Planning Commission for public hearing and recommendation to City Council for consideration and adoption in the coming months.

FISCAL IMPACT:

There are no direct budgetary impacts associated with the City Council adopting an extension of the Urgency Ordinance establishing interim regulations and objective standards for the subdivision and development of qualified SB 9 properties. There will be staff costs associated with this work.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Adoption of Urgency Ordinance No. 22-04 is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Division 13 (commencing with Section 21000) of Public Resources Code and Government Code sections 65852.21(j) and 66411.7(n)) because an ordinance adopted to implement the rules of Senate Bill 9 is not considered a project under Division 13 of the Public Resources Code.

ATTACHMENTS:

Attachment A - Ordinance 22-08
Attachment B - Ordinance 22-07
Respectfully submitted,

Page 2 of 34 ends

ORDINANCE 22-08

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, EXTENDING URGENCY ORDINANCE 22-07

ESTABLISHING REGULATIONS PERTAINING TO TWO-UNIT

RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS IN
SINGLE-FAMILY RESIDENTIAL ZONES FOR A PERIOD OF 10
MONTHS AND 15 DAYS
WHEREAS, in 2021, the California Legislature approved and the Governor signed into law Senate Bill 9 ("SB 9"), which among other things, adds Section 65852.21 and 66411.7 to the Government Code enacting new limits on local authority to regulate urban lot splits and two-unit projects on land otherwise zoned for single-family development; and WHEREAS, SB 9 allows local agencies to adopt the objective design, development, and subdivision standards for two-unit residential developments and urban lot splits; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to regulate projects governed by SB 9 appropriately; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 9 because the City currently lacks adequate local objective standards to regulate projects governed by SB 9, meaning that if the City does not immediately adopt appropriate objective standards for two-unit residential developments and urban lot splits that are consistent with SB 9, then as of January 1, 2022, the City's review of such projects would be limited to the application of the few objective standards that currently exist in the Covina Municipal Code (including Title 17, Zoning and Title 16, Subdivisions), and which did not anticipate two-unit residential developments and urban lot splits in single-family residential zones as contemplated by SB 9, and thus the Municipal Code lacks the objective standards necessary to protect and preserve the local community; and
WHEREAS, the approval of two-unit residential developments and urban lot splits in single-family residential zones based solely on the default standards currently in the Covina Municipal Code, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

These threats to public safety, health, and welfare justify the adoption of this Ordinance as an urgency ordinance to be effective immediately upon four-fifths vote of the City Council; and WHEREAS, on May 17, 2022, the City Council adopted Urgency Ordinance 22-07 with a 5-0-0 vote to enact the urgency ordinance for a period of 45 days with a possibility to extend for a period of 10 months and 15 days for the purpose of establishing regulations and objective design standards pertaining to two-unit residential project and urban lot split within single family

Page 3 of 34 ends

Urgency Ordinance 22-08 Page 2 of 4
residential zones in a manner that complies with SB 9 and is consistent with California Government Code Sections 65852.21 and 66411.7, as amended; and WHEREAS, on June 9, 2022, a public notice was published for the June 17, 2022 City Council meeting to consider extending the Urgency Ordinance; and WHEREAS, California Government Code Section 65858 authorizes the City to extend an Urgency Ordinance by a fourth-fifth vote where necessary to protect the public health, safety, and welfare of the City; and
WHEREAS, the City Council finds that an extension to the Urgency Ordinance is necessary to allow staff time to work on a permanent ordinance to adopt SB 9.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The facts outlined in the recitals above are true and correct and incorporated into this Ordinance as substantive findings of the City Council.

SECTION 2. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating two-unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

SECTION 3. The City Council does hereby extend and impose Urgency Ordinance establishing the interim regulations attached as Exhibit A, and incorporated herein by reference.

This Ordinance (Exhibit A) shall govern the two-unit residential developments and urban lot splits processed according to the provisions of SB 9 until such time that the Covina Municipal Code is amended to incorporate the standards contained herein or such other or different standards as may be enacted by subsequent Ordinance of the City Council.

SECTION 4. This Ordinance shall take effect immediately upon four-fifths vote of the City Council.

Page 4 of 34 ends

Urgency Ordinance 22-08 Page 3 of 4
SECTION 5. The City Council hereby declares, based on the findings set forth above, that an urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare.

SECTION 6. If any section, clause, phrase, word, 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 hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective immediately upon adoption pursuant to Government Code Section 65858.

PASSED, APPROVED, and ADOPTED this 21st day of June, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:

CANDICE K. LEE, City Attorney

Page 5 of 34 ends

Urgency Ordinance 22-08 Page 4 of 4

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Urgency Ordinance 22-08 was duly approved and adopted at a regular meeting of said City Council on the 21st of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

Page 6 of 34 ends

Urgency Ordinance 22-08 Exhibit A
EXHIBIT “A”
REGULATIONS PERTAINING TO SB 9 TWO-UNIT RESIDENTIAL

DEVELOPMENTS AND URBAN LOT SPLITS IN SINGLE-FAMILY RESIDENTIAL ZONES

1. Purpose, Applicability, Definitions, Interpretation.

A. Purpose. The purpose of this Urgency Ordinance is to appropriately regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones under California Government Code Sections 65852.21 and 66411.7.

B. Applicability. The standards and limitations outlined in this Urgency Ordinance shall apply to urban lot splits and the development and use of SB 9 two-unit residential developments within a single-family residential zone in the City, notwithstanding any other conflicting provisions of the Covina Municipal Code (“CMC”). In case of conflicts between the provisions of this Urgency Ordinance and any other provisions of the CMC, the provisions of this Urgency Ordinance shall prevail.

C. Definitions. As used in this Urgency Ordinance, the following terms shall have the following meanings:

1. ADU and JADU shall have the meanings ascribed to these terms in CMC chapter

17.69 (Accessory Dwelling Units).

2. “Director” means the City of Covina Director of Community Development.

3. “New primary dwelling unit” shall mean creating a new, additional dwelling unit or expanding an existing dwelling unit. ADU or a JADU does not constitute a new primary dwelling unit.

4. “Single-family residential zone” includes the A-1, A-2, E-1, E-1/2, E-21/2, E-5, R1-20,000, R-1-10,000, R-1-8500, and R-1-7500 zoning districts.

5. “SB 9” means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code Section 66452.6 and adds Government Code Sections 65852.21 and 66411.7.

6. “SB 9 two-unit residential development” shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21 and this Urgency Ordinance. A housing development contains two residential units if the development proposes no more than two new units or proposes adding one new unit to one existing primary unit.

7. “Urban lot split” shall mean a parcel map subdivision permitted according to the regulations outlined in SB 9 that creates no more than two parcels of approximately equal size.

Page 7 of 34 ends

8. “Lot area” shall mean the total area measured horizontally within the lot lines and shall not have a slope steeper than four to one (4 feet horizontal to 1 foot vertical).

D. Interpretation. The provisions of this Urgency Ordinance shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The City shall not apply any requirement or development standard provided for in this Urgency Ordinance to the extent prohibited by any provision of state law.

2. Permit Application and Review Procedures
A. Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

B. Review. Consistent with state law, the Director will consider and approve or disapprove a complete application for an SB 9 two-unit residential development, or an urban lot split ministerially, without discretionary review or public hearing.

C. Nonconforming Conditions.

1. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected.

2. The correction of legal non-conforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.

D. Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until all required documents have been recorded and submitted to the City.

E. Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees, and consultants from all claims and damages (including attorney’s fees) related to the approval and its subject matter.

F. Denial Based on Specific, Adverse Impacts. Notwithstanding anything else in this section, the Building Official may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the Building Official makes a both of the following written findings, based on a preponderance of the evidence, that: 1) the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon either public health and safety or on the physical environment and 2) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

3. Qualifying Requirements.

A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements to qualify for a ministerial review according to the provisions of this

Page 8 of 34 ends

Urgency Ordinance. The applicant shall be responsible to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied. The applicant and each property owner shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met.

A. The subject property shall be located within a single-family residential zone.

B. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein.

Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.

C. The proposed development shall not be located within a historic district or on the property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a city landmark or historic property pursuant to a city ordinance.

D. The proposed development shall not require the demolition or alteration of 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.

E. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.

F. The proposed development shall not involve the demolition of more than 25 percent of the exterior walls of an existing dwelling.

G. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years.

H. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.

I. In the case of an urban lot split, the lot proposed to be subdivided (“subject lot”) is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.

J. No unpermitted construction or illegal non-conforming zoning conditions shall exist on the property.

K. Except where superseded by this Ordinance, development shall comply with the objective standards of the zone in which the lot is located.

4. Permitted Locations
An urban lot split or SB 9 two-unit residential development shall be on a lot located within a single-family residential zone. Any lot located within a RD multiple-family zone or a

Page 9 of 34 ends

mixed-use overlay zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two-unit residential development.

5. Number of Dwelling Units Permitted on a Lot
A. Notwithstanding any other provisions of the CMC, state law requires the City to permit a lot located within a single-family residential zone to contain up to two primary dwelling units. The two units must be developed and maintained to comply with the requirements outlined in this Urgency Ordinance.

B. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subdivision, the two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs.

Examples are as follows:

1. one primary dwelling unit and one ADU (detached or attached); or

2. one primary dwelling unit and one JADU; or

3. two dwelling units.

The combination of two dwellings units plus one ADU and one JADU are not permitted on a lot that results from an urban lot split.

6. Separate Conveyance
A. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.

B. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.

7. Residential Use Only
Non-residential use is not permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.

8. No Short-Term Rentals Permitted
The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days.

9. Housing Crisis Act Replacement Housing Obligations.

If the proposed development results in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed according to subsection (d) of Government Code Section 66300.

10. Development Standards and Design Criteria
A. Development Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria outlined in this section. In addition, except as modified or provided by this section or state law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development

Page 10 of 34 ends

standards applicable to the lot as outlined in this title and all applicable objective standards and criteria contained in standard plans and specifications, policies, and standard conditions duly promulgated and adopted by the City, and the Los Angeles County Fire Department.

B. Minimum and Maximum Unit Size. Minimum 800 square feet and up to a maximum of 1,000 square feet for each new primary dwelling unit.

1. A primary dwelling that was legally established on the lot, prior to the submittal of a complete application for an SB 9 two-unit development or an urban lot split with a total floor area greater than 1,000 square feet shall be limited to its current lawful floor area and shall not be expanded.

2. A primary dwelling that was legally established on the lot, prior to the submittal of a complete application for an urban lot split or an SB 9 two-unit residential development with a floor area smaller than 800 square feet may expand the floor area up to 1,000 square feet.

C. Building Height. Each new primary dwelling unit shall be one story with a maximum building height of 16 feet, measured from ground level to the highest point on the roof.

D. Setbacks.

1. New Primary Dwelling Units. The following are minimum setbacks from the property lines for each new primary dwelling unit and any attached garages and accessory structures to a new primary dwelling unit.
a. Front Setback: 25 feet
b. Interior Side Setback: 4 feet
c. Street Side Setback: 12.5 feet
d. Rear Setback: 4 feet
e. Reverse Corner Lot Setback: 15 feet

2. Detached Garages and Accessory Structures. The following are minimum setbacks from the property lines for detached garages and accessory structures on a lot. a. Front Setback: 25 feet
b. Interior Side Setback: 4 feet
c. Street Side Setback: 12.5 feet
d. Rear Setback: 4 feet
e. Reverse Corner Lot Setback: 15 feet

3. Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.

4. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances:

Page 11 of 34 ends

a. No increased setback is required for an existing structure or for a new primary dwelling unit that is constructed in the same location and to the same dimensions as an existing structure.
b. A required minimum setback may be reduced pursuant to subsection if it would (i) physically preclude the development or maintenance of two dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being 800 square feet in floor area, but must comply with building codes. c. Permitted projections into required yards. The following architectural features may project into any required setback a maximum of 2 feet: cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and similar architectural projections with no floor area, including, but not limited to, windows and pilasters. Architectural projections must comply with distance separation from building walls or property lines as required by building codes.

E. Building Separation. A minimum building separation of 6 feet shall be maintained between all detached structures on a lot, including residential units, garages, and accessory structures. Building separation must comply with building codes.

F. Maximum Front Setback Coverage. No more than 50 % of the front setback area may contain hardscape, excluding the allowed standard driveway in the front yard.

G. Grading. Grading, filling, excavating and construction activities must comply with health and safety requirements of California Building and Grading Standards. The maximum encroachment into any four to one (4:1) or greater slopes shall not exceed a distance of 6 feet.

H. Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private open space of 200 square feet. The private open space area shall be open and unobstructed from the ground to the sky. The private open space may be located within the interior side or rear setback areas.

I. Landscaping. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, shall be fully landscaped and irrigated. Each development shall comply with the CMC Chapter 17.82, Water Efficient Landscape Regulations.

J. Perimeter Block Walls. Each development shall provide a perimeter wall with a maximum height of 6 feet, as measured from the finished grade next to the wall, including any retaining wall portion and up to the top of the wall. Perimeter block walls shall comply with the following requirements:

1. All perimeter walls shall comply with the requirements as contained in CMC Section 17.26.170 through 17.26.210 (Walls, Fences, and Hedges).

Page 12 of 34 ends

2. The property owner shall work with the adjoining property owners to design and construct the perimeter block walls to avoid double walls. If the property owner cannot obtain approval from the adjoining property owners, the property owner shall construct the new wall with a decorative cap to be placed between the new and the existing wall.

3. Perimeter and privacy walls shall be decorative with stucco finish, slump stone or split-face block, or a combination of said materials.

4. Perimeter walls within the 25 feet front yard setback area shall not exceed 3 feet in height from the finished surface.

K. Off-Street Parking.

1. Required Parking. Provide one off-street parking space for each new primary dwelling unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either (i) a highquality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, including Covina Metrolink Station, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code, including Foothill Transit Center.
b. The lot is located within one block of a car-share vehicle location.

2. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone.

3. Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking.

Open parking spaces may be located within the side or rear setbacks.

4. All required parking spaces shall be 9 feet in width and 19 feet in depth, unobstructed.

5. Each enclosed garage shall maintain the minimum interior parking dimensions of 9 feet width by 19 feet depth, unobstructed. No storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, washers and dryers, solar power battery pack, or similar equipment, shall encroach into the required parking area.

L. Unit Design Standards.

1. If the lot contains an existing primary dwelling that was legally established prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the dominant feature of the roof.

Page 13 of 34 ends

2. If two new primary dwelling units are to be developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

3. Each new primary dwelling unit shall have the main entry clearly defined, and to the extent possible, shall orient directly toward the street(s) to provide consistency with the neighborhood. Provide a covered entry to the dwelling unit with a minimum depth of 3 feet. Each covered entry shall be proportionate to the building and incorporate architectural features consistent with the overall building design.

M. Laundry Facilities. Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area.

N. Water Heaters. Each new primary dwelling unit shall have a separate hot water facility.

No exterior water heater enclosures shall be permitted.

O. Mechanical Equipment, Metering Devices. Roof-mounted mechanical equipment is not permitted. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan and, to the extent possible, be placed outside the required front setback area. If mechanical equipment or metering devices are located between a structure and the property line, provide an unobstructed three-foot-wide path.

P. Access and Circulation.

1. Provide adequate on-site vehicular access, circulation, back-up, and turn-around areas that comply with applicable city standards.

2. The minimum street frontage for a flag lot is is 20 feet. If the lot depth of the new parcel in the rear (flag lot) is more than 150 feet, the minimum street frontage must be 25 feet.

3. Driveways shall maintain a minimum width of 20 feet unless a wider width is required for emergency access.

4. Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles must be provided. The Los Angeles County Fire Department must confirm that all applicable fire and emergency access requirements are met before the City will approve an application.

Q. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and non-recyclable solid waste (“trash containers”) and shall be stored within designated storage areas only.

R. Utilities.

Page 14 of 34 ends

1. Each primary dwelling unit on a lot must have its direct utility connection to the utility / public service provider. However, all new utilities must be undergrounded.

2. The property owner/applicant must obtain all necessary and required easements for providing electricity, gas, water, sewer, and other utility or public service to the lot before issuing any permits for any dwelling unit.

3. Submitted plans shall show the location and dimension of all proposed aboveground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements.

S. Building and Safety. All structures built on the lot must comply with current local building standards.

T. Drainage and Stormwater Management. Each lot will drain to the street or an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to city-maintained storm drains within the city right-of-way shall comply with applicable city standards. SB 9 two-unit residential developments and the development on lots created through an urban lot split are subject to CMC Chapter 8.50 (“Storm Water Quality and Urban Runoff Control"). They must comply with all applicable, related rules, requirements, and standards, including, but not limited to, the preparation and implementation of a water quality management plan that meets applicable requirements.

U. Exceptions to Objective Standards.

1. The Director shall approve an exception to any of the standards specified in this Ordinance or any applicable objective zoning, subdivision, or design standards upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area to the extent necessary to allow the development of two primary residential units (800 square feet each) on a lot according to this Urgency Ordinance. The City prioritizes some objective development standards over others, as provided in subsection 2, below.

In applying the exceptions required by this subsection, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority.

2. The following standards and requirements of this Urgency Ordinance will not be waived or modified:
a. Building Code requirements;
b. Federal requirements; and
c. Other standards imposed by state law, including but not limited to SB 9.

3. As part of its application, the applicant shall provide a written explanation that (a) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (b) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at

Page 15 of 34 ends

least 800 square feet in floor area, and (c) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection.

11. Additional Requirements for Urban Lot Splits
A. Approval. Notwithstanding the Subdivision Map Act or any other provision of CMC Chapter 16 (Subdivisions), an application for a parcel map for an urban lot split is approved or denied ministerially, by the Director, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the requirements of this Urgency Ordinance and applicable objective requirements of CMC Chapter 16 (Subdivisions) and the Subdivision Map Act. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restrictions and easements. A final map must be recorded with the Los Angeles County Recorder.

B. Guidance and Procedures. The City Engineer has the authority to interpret and establish guidelines and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, consistent with state and local law.

C. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing provisions in the CMC, except as otherwise provided in this Urgency Ordinance. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split.

D. Lot Size and Lot Area. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots must each be no smaller than 1,200 square feet. Lot area must comply with the definition outlined in the definition section of this Urgency Ordinance and contained in CMC Section 17.04.360.

E. Easements.

1. The owner must enter into an easement agreement with each utility / public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the lots resulting from the urban lot split (“resulting lots”).

2. Each easement must be shown on the tentative parcel map and the final parcel map.

3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final parcel is approved and recorded with the Office of County Recorder.

F. Lot Access.

1. Each resulting lot must adjoin the public right-of-way.

Page 16 of 34 ends

2. Each resulting lot must have frontage on the public right-of-way of at least 20 feet.

If the resulting lot has a lot depth of more than 150 feet, the street frontage shall increase to 25 feet.

G. Improvements Required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the City, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the City's approval of such related improvement plans and all related entitlements or other approvals required by this Code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the City in accordance with the applicable requirements of this Code.

H. Required Affidavit. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the applicant for a parcel map for an urban lot split must sign an affidavit provided by the City stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the final parcel map for the urban lot split is approved.

12. Compliance with Emergency Access and Service Requirements Development of a lot pursuant to this Urgency Ordinance must conform and comply with all applicable provisions of the fire code and applicable requirements promulgated by the Los Angeles County Fire Department intended to ensure sufficient emergency access is provided or maintained. Prior to submitting a complete application for an SB 9 two-unit residential development or an urban lot split, the applicant shall obtain and provide City with written confirmation from the Los Angeles County Fire Department that the proposed development complies with all such requirements.

13. Deed Restriction.

Prior to approval of a parcel map for an urban lot split or the issuance of a building permit, whichever comes first, for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction (“deed restriction”) recorded against the property, which is in a form prepared by and acceptable to the Director, and that does each of the following:

A. Rental Terms. The rental of any dwelling unit on the property shall be for a term longer than 30 consecutive days.

B. Expressly prohibits any non-residential use of the lot.

C. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

Page 17 of 34 ends

D. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

E. Expressly prohibits condominium airspace divisions and common interest developments on the property.

F. States that the property was formed and developed according to the provisions of this Urgency Ordinance and is therefore subject to the city regulations outlined in this Urgency Ordinance, including all applicable limits on dwelling size and development.

G. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.

H. Expressly prohibits any subsequent urban lot split for lots that were previously created by an urban lot split under SB 9.

G. States (i) that the deed restriction is for the benefit of and is enforceable by the City, (ii) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns, (iii) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) that, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys’ fees and court costs; and (v) that the deed restriction may not be modified or terminated without the prior written consent of the Director.

14. Fees
Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the City.

15. Objective Standard Conditions.

The Director is authorized to promulgate objective standard conditions implementing this section, which are consistent with this Urgency Ordinance, applicable provisions of CMC and state law, that shall apply to the application and development of two-unit developments and urban lot splits, and to publish such standard conditions on the City's internet website.

Applicants must comply with all objective standard conditions duly promulgated by the Director and published on the City's internet website.

16. Expiration of Approval.

The approval of an SB 9 two-unit residential development shall become null and void if construction is not commenced within two years of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire.

Page 18 of 34 ends

ORDINANCE 22-07

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COVINA, CALIFORNIA, ESTABLISHING REGULATIONS

PERTAINING TO TWO-UNIT RESIDENTIAL DEVELOPMENTS AND

URBAN LOT SPLITS IN SINGLE-FAMILY RESIDENTIAL ZONES AND

DECLARING THE URGENCY THEREOF
WHEREAS, City of Covina (City) declares this urgency Ordinance to become effective on January 1, 2022, establishing regulations pertaining to two-unit residential developments and urban lot splits within single-family residential zones in the City pursuant to Senate Bill 9 (2021), which became effective on January 1, 2022. Senate Bill 9 (SB 9) requires the City to approve ministerially two-unit residential developments and urban lot splits within single-family residential districts subject to objective standards. This urgency ordinance establishes objective standards and regulations relating to lot configuration, unit size, height, setback, landscape, architectural review, among other things. The lack of such objective standards and regulations for two-unit residential developments and urban lot splits would threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety. The regulations adopted by this urgency ordinance will remain in place until the Covina Municipal Code is amended to incorporate the standards contained in this Ordinance or such other or different standards as may be enacted by subsequent Ordinance of the City Council; and WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt, as an urgency measure, an interim ordinance for the immediate preservation of the public peace, health, or safety; and
WHEREAS, in 2021, the California Legislature approved and the Governor signed into law Senate Bill 9 ("SB 9"), which among other things, adds Section 65852.21 and 66411.7 to the Government Code enacting new limits on local authority to regulate urban lot splits and two-unit projects on land otherwise zoned for single-family development; and WHEREAS, SB 9 allows local agencies to adopt the objective design, development, and subdivision standards for two-unit residential developments and urban lot splits; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to regulate projects governed by SB 9 appropriately; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 9 because the City currently lacks adequate local objective standards to regulate projects governed by SB 9, meaning that if the City does not immediately adopt appropriate objective standards for two-unit residential developments and urban lot splits that are consistent with SB 9, then as of January 1, 2022, the City's review of such projects would be limited to the application of the few objective standards that currently exist in the Covina

Page 19 of 34 ends

Municipal Code (including Title 17, Zoning and Title 16, Subdivisions), and which did not anticipate two-unit residential developments and urban lot splits in single-family residential zones as contemplated by SB 9, and thus the Municipal Code lacks the objective standards necessary to protect and preserve the local community; and
WHEREAS, the approval of two-unit residential developments and urban lot splits in single-family residential zones based solely on the default standards currently in the Covina Municipal Code, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

These threats to public safety, health, and welfare justify the adoption of this Ordinance as an urgency ordinance to be effective immediately upon four-fifths vote of the City Council; and WHEREAS, the City Council finds and declares that this Ordinance is necessary and appropriate to protect the health, safety, and general welfare of the community, and all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The facts outlined in the recitals above are true and correct and incorporated into this Ordinance as substantive findings of the City Council.

SECTION 2. Under California Government Code sections 65852.21, subdivision G), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411. 7 and 65852.21 and regulating two-unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

SECTION 3. The regulations attached to this Ordinance as Exhibit A are hereby adopted and incorporated herein by reference. This Ordinance (Exhibit A) shall govern the two-unit residential developments and urban lot splits processed according to the provisions of SB 9 until such time that the Covina Municipal Code is amended to incorporate the standards contained Urgency Ordinance 22-07 Page 2of4

Page 20 of 34 ends

herein or such other or different standards as may be enacted by subsequent Ordinance of the City Council.

SECTION 4. This Ordinance shall take effect immediately upon four-fifths vote of the City Council.

SECTION 5. The City Council hereby declares, based on the findings set forth above, that an urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare.

PASSED, APPROVED, and ADOPTED this 17th day of May, 2022.

City of Covina, California
Bv-..MJ.~
-±':"~~f:i!!~~~;--~~~~
ATTEST:

APPROVED
~
AS TO FORM:

CANDICE K. LEE, City Attorney
Urgency Ordinance 22-07 Page 3of4

Page 21 of 34 ends

CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Urgency Ordinance 22-07 was duly approved and adopted at a regular meeting of said City Council on the 17th of May, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCIL MEMBERS: KING, LINARES, MARQUEZ, ALLEN, CORTEZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
Dated: May 18, 2022
Urgency Ordinance 22-07 Page 4of4

Page 22 of 34 ends

EXHIBIT "A"
REGULATIONS PERTAINING TO SB 9 TWO-UNIT RESIDENTIAL

DEVELOPMENTS AND URBAN LOT SPLITS IN SINGLE-FAMILY RESIDENTIAL ZONES

1. Purpose, Applicability, Definitions, Interpretation.

B. Applicability. The standards and limitations outlined in this Urgency Ordinance shall apply to urban lot splits and the development and use of SB 9 two-unit residential developments within a single-family residential zone in the City, notwithstanding any other conflicting provisions of the Covina Municipal Code ("CMC"). In case of conflicts between the provisions of this Urgency Ordinance and any other provisions of the CMC, the provisions of this Urgency Ordinance shall prevail.

C. Definitions. As used in this Urgency Ordinance, the following terms shall have the following meanings:

1. ADU and JADU shall have the meanings ascribed to these terms in CMC chapter

17.69 (Accessory Dwelling Units).

2. "Director" means the City of Covina Director of Community Development.

3. "New primary dwelling unit" shall mean creating a new, additional dwelling unit or expanding an existing dwelling unit. ADU or a JADU does not constitute a new primary dwelling unit.

4. "Single-family residential zone" includes the A-1, A-2, E-1, E-1/2, E-21/2, E-5, R1-20,000, R-1-10,000, R-1-8500, and R-1-7500 zoning districts.

5. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code Section 66452.6 and adds Government Code Sections 65852.21 and 66411.7.

6. "SB 9 two-unit residential development" shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21 and this Urgency Ordinance. A housing development contains two residential units if the development proposes no more than two new units or proposes adding one new unit to one existing primary unit.

7. "Urban lot split" shall mean a parcel map subdivision permitted according to the regulations outlined in SB 9 that creates no more than two parcels of approximately equal size.

Urgency Ordinance 22-07 Exhibit A

Page 23 of 34 ends

8. "Lot area" shall mean the total area measured horizontally within the lot lines and shall not have a slope steeper than four to one ( 4 feet horizontal to 1 foot vertical).

D. Interpretation. The provisions of this Urgency Ordinance shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411. 7 and shall be applied in a manner consistent with state law. The City shall not apply any requirement or development standard provided for in this Urgency Ordinance to the extent prohibited by any provision of state law.

C. Nonconforming Conditions.

1. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected.

2. The correction of legal non-conforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.

E. Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees, and consultants from all claims and damages (including attorney's fees) related to the approval and its subject matter.

3. Qualifying Requirements.

A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements to qualify for a ministerial review according to the provisions of this Urgency Ordinance 22-07 Exhibit A

Page 24 of 34 ends

A. The subject property shall be located within a single-family residential zone.

C. The proposed development shall not be located within a historic district or on the property included on the State Historic Resources Inventory, as defined in Section 5020. l of the California Public Resources Code, or within a site that is designated or listed as a city landmark or historic property pursuant to a city ordinance.

E. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.

F. The proposed development shall not involve the demolition of more than 25 percent of the exterior walls of an existing dwelling.

G. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years.

H. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.

I. In the case of an urban lot split, the lot proposed to be subdivided ("subject lot") is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.

J. No unpermitted construction or illegal non-conforming zoning conditions shall exist on the property.

K. Except where superseded by this Ordinance, development shall comply with the objective standards of the zone in which the lot is located.

4. Permitted Locations
Urgency Ordinance 22-07 Exhibit A

Page 25 of 34 ends

An urban lot split or SB 9 two-unit residential development shall be on a lot located within a single-family residential zone. Any lot located within a RD multiple-family zone or a mixed-use overlay zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two-unit residential development.

Examples are as follows:

1. one primary dwelling unit and one ADU (detached or attached); or

2. one primary dwelling unit and one JADU; or

3. two dwelling units.

The combination of two dwellings units plus one ADU and one JADU are not permitted on a lot that results from an urban lot split.

B. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.

7. Residential Use Only
Non-residential use is not permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.

9. Housing Crisis Act Replacement Housing Obligations.

Page 26 of 34 ends

section or state law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as outlined in this title and all applicable objective standards and criteria contained in standard plans and specifications, policies, and standard conditions duly promulgated and adopted by the City, and the Los Angeles County Fire Department.

B. Minimum and Maximum Unit Size. Minimum 800 square feet and up to a maximum of 1,000 square feet for each new primary dwelling unit.

C. Building Height. Each new primary dwelling unit shall be one story with a maximum building height of 16 feet, measured from ground level to the highest point on the roof.

D. Setbacks.

3. Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.

4. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances:

Urgency Ordinance 22-07 Exhibit A

Page 27 of 34 ends

F. Maximum Front Setback Coverage. No more than 50 % of the front setback area may contain hardscape, excluding the allowed standard driveway in the front yard.

H. Open Space. Each new primary dwelling unit shall provide, at a mimmum, a continuous private open space of 200 square feet. The private open space area shall be open and unobstructed from the ground to the sky. The private open space may be located within the interior side or rear setback areas.

1. All perimeter walls shall comply with the requirements as contained in CMC Section 17.26.170 through 17.26.210 (Walls, Fences, and Hedges).

Urgency Ordinance 22-07 Exhibit A

Page 28 of 34 ends

3. Perimeter and privacy walls shall be decorative with stucco finish, slump stone or split-face block, or a combination of said materials.

4. Perimeter walls within the 25 feet front yard setback area shall not exceed 3 feet in height from the finished surface.

K. Off-Street Parking.

2. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone.

3. Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking.

Open parking spaces may be located within the side or rear setbacks.

4. All required parking spaces shall be 9 feet in width and 19 feet m depth, unobstructed.

L. Unit Design Standards.

Urgency Ordinance 22-07 Exhibit A

Page 29 of 34 ends

N. Water Heaters. Each new primary dwelling unit shall have a separate hot water facility.

No exterior water heater enclosures shall be permitted.

0. Mechanical Equipment, Metering Devices. Roof-mounted mechanical equipment is not permitted. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan and, to the extent possible, be placed outside the required front setback area. If mechanical equipment or metering devices are located between a structure and the property line, provide an unobstructed three-foot-wide path.

P. Access and Circulation.

1. Provide adequate on-site vehicular access, circulation, back-up, and tum-around areas that comply with applicable city standards.

2. The minimum street frontage for a flag lot is is 20 feet. If the lot depth of the new parcel in the rear (flag lot) is more than 150 feet, the minimum street frontage must be 25 feet.

3. Driveways shall maintain a minimum width of 20 feet unless a wider width is required for emergency access.

Q. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and non-recyclable solid waste ("trash containers") and shall be stored within designated storage areas only.

R. Utilities.

Urgency Ordinance 22-07 Exhibit A

Page 30 of 34 ends

1. Each primary dwelling unit on a lot must have its direct utility connection to the utility I public service provider. However, all new utilities must be undergrounded.

S. Building and Safety. All structures built on the lot must comply with current local building standards.

T. Drainage and Stormwater Management. Each lot will drain to the street or an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to city-maintained storm drains within the city right-of-way shall comply with applicable city standards. SB 9 two-unit residential developments and the development on lots created through an urban lot split are subject to CMC Chapter 8.50 ("Storm Water Quality and Urban Runoff Control"). They must comply with all applicable, related rules, requirements, and standards, including, but not limited to, the preparation and implementation of a water quality management plan that meets applicable requirements.

U. Exceptions to Objective Standards.

Page 31 of 34 ends

least 800 square feet in floor area, and ( c) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection.

E. Easements.

1. The owner must enter into an easement agreement with each utility I public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the lots resulting from the urban lot split ("resulting lots").

2. Each easement must be shown on the tentative parcel map and the final parcel map.

F. Lot Access.

1. Each resulting lot must adjoin the public right-of-way.

Urgency Ordinance 22-07 Exhibit A

Page 32 of 34 ends

2. Each resulting lot must have frontage on the public right-of-way of at least 20 feet.

If the resulting lot has a lot depth of more than 150 feet, the street frontage shall increase to 25 feet.

H. Required Affidavit. Except as provided in Government Code Section 66411. 7 for community land trusts and qualified nonprofit corporations, the applicant for a parcel map for an urban lot split must sign an affidavit provided by the City stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the final parcel map for the urban lot split is approved.

13. Deed Restriction.

Prior to approval of a parcel map for an urban lot split or the issuance of a building permit, whichever comes first, for the development of an SB 9 two-unit residential development, the owner(s) ofrecord of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the Director, and that does each of the following:

A. Rental Terms. The rental of any dwelling unit on the property shall be for a term longer than 30 consecutive days.

B. Expressly prohibits any non-residential use of the lot.

C. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

Urgency Ordinance 22-07 Exhibit A

Page 33 of 34 ends

D. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

E. Expressly prohibits condominium airspace divisions and common interest developments on the property.

G. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.

H. Expressly prohibits any subsequent urban lot split for lots that were previously created by an urban lot split under SB 9.

I. States (i) that the deed restriction is for the benefit of and is enforceable by the City, (ii) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns, (iii) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) that, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) that the deed restriction may not be modified or terminated without the prior written consent of the Director.

14. Fees
Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the City.

15. Objective Standard Conditions.

Applicants must comply with all objective standard conditions duly promulgated by the Director and published on the City's internet website.

16. Expiration of Approval.

Urgency Ordinance 22-07 Exhibit A

Page 34 of 34 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 2
Meeting: CC Regular Meeting - Jun 21 2022
Title: Ordinance 22-09 for Zoning Code Amendment (ZCA) 22-001 to Amend Chapter 17.32 (“Residential Recreation”) of Title 17 (Zoning) of the Covina Municipal Code to Add On-site Sale of Beer and Wine, Accessory to a Permitted Use, as a Conditionally Permitted Use
Presented By: Brian Lee
Recommendation: Waive full reading, read by title only, and introduce the first reading Ordinance 22-09, “An ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment (ZCA) 22-001, to amend Chapter 17.32 of the Covina Municipal Code (R-R Residential Recreation Zone), to add on-site consumption of beer and wine, accessory to a permitted use, as a conditionally permitted use, and making a determination of exemption under CEQA”.

EXECUTIVE SUMMARY:

In Fall 2018, the GOALS soccer facility was established under the Covina Valley Unified School District review process, with no City jurisdiction or oversight. The facility is now requesting to serve beer and wine in a limited area on the site. With the request of on-site beer and wine, the Department of Alcohol and Beverage Control (ABC) required that the City approve the use. The applicant is requesting a zoning code amendment (ZCA) to amend Chapter 17.32 (R-R Residential Recreation Zone) to add the on-site sale of beer and wine, accessory to a permitted use, as a conditionally permitted use as well as a conditional use permit for on-site sales of beer and wine.

On May 24, 2022, the Planning Commission recommended approval to the City Council of application Zoning Code Amendment (ZCA) 22-001. The Planning Commission voted 4-1 recommending approval of ZCA 21-001 to the City Council through the adoption of Ordinance 22-09 Conditional Use Permit (CUP) 22-001, a request for the on-site sale of beer and wine was approved by the Planning Commission with a 4-1 vote as well. However, approval of the CUP is only valid subject to City Council adoption of ZCA 22-001.

BACKGROUND:

To provide background on the conditional use permit that was submitted concurrently with the subject zoning code amendment and approved by Planning Commission (contingent upon City Council approval of the ZCA), the project site is located at 699 South Barranca Avenue, on an approximately 14-acre lot. The lot is currently developed with an elementary school (Barranca Elementary) with various classroom buildings, office buildings, and a large playground area. Located on the same parcel is GOALS, a soccer facility with 10 soccer fields and a “clubhouse” that consists of a restaurant/café, restrooms for patrons, and locker rooms with showers.

The proposed beer and wine will only be served and consumed within a portion of the existing 5,870-square foot clubhouse building located at the front of the establishment. The area licensed to serve beer and wine will include an indoor seating area of 1,646 square feet and an outdoor seating area of 760 square feet, for a total of 2,346 square feet. All alcohol storage will be maintained in or behind the counter area. The service and/or consumption of beer and wine anywhere outside of the licensed area on the property will be strictly prohibited. The current and proposed hours of operation are weekdays from 2:00pm – 10:00pm, and weekends 8:00am – 8:00pm with 8-10 employees per shift. The Planning Commission conditioned the project so that alcohol service would not start until 5:00 pm Monday thru Friday, and 12:00 pm on weekends.

DISCUSSION:

The applicant is requesting a zoning code amendment (ZCA) to amend Chapter 17.32 (R-R Residential Recreation Zone) to add the on-site sale of beer and wine, accessory to a permitted use, as a conditionally permitted use. This zone is intended for small neighborhood recreation centers. The General Plan designation is Park, which allows community or neighborhood parks, ballfields, playlots, and related facilities and amenities and structures that are devoted primarily to passive or active recreation and similar uses. The addition of on-site beer and wine, accessory to a permitted use, as a conditionally permitted use will be consistent with the intent of the existing zone and its underlying General Plan designation. Concurrently, the applicant is requesting a conditional use permit for the on-site sale of beer and wine at the soccer facility. If the CUP is approved by the Planning Commission, it is only valid if the City Council approves the ZCA.

FISCAL IMPACT:

There are no foreseeable fiscal impacts for this project.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Community Development Department staff has determined that the project is categorically exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The addition of the use to allow off-sale type 20 ABC License is not a project and will not result in a direct or reasonably foreseeable indirect physical change in the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ATTACHMENTS:

Attachment A - Ordinance 22-09
Respectfully submitted,

Page 2 of 6 ends

ORDINANCE 22-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 22-
001, TO AMEND CHAPTER 17.32 OF THE COVINA MUNICIPAL CODE (R-R RESIDENTIAL RECREATION ZONE), TO ADD ON-SITE

CONSUMPTION OF BEER AND WINE, ACCESSORY TO A PERMITTED

USE, AS A CONDITIONALLY PERMITTED USE, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, on May 24, 2022, the Planning Commission conducted a public meeting at which time the oral and written evidence along with written recommendation from the Planning Division was presented to the Planning Commission. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-001, the Planning Commission closed the public hearing on that same date and adopted Resolution 2022-010 PC, by a 4-1 vote, recommending that the City Council approve the proposed Zoning Code Amendment (ZCA) 22-001 and adopt this proposed Ordinance; and WHEREAS, CMC Section 17.80.050.C. provides that within thirty (30) days after the conclusion of the public hearing, the Planning Commission must file its recommendation with the City Council, together with a report of findings, hearings and other supporting data; and WHEREAS, CMC Section 17.80.060 provides that the hearing date must be set by the City Clerk for not more than thirty (30) days after the filing of the Planning Commission’s recommendation; and
WHEREAS, CMC Section 17.80.070 provides that the City Council must hold a public hearing on the date and at the time and place specified in the notice. Further, the City Council may adopt by ordinance the amendment recommended by the Planning Commission after holding at least one public hearing thereon. The City Council may modify the amendment recommended by the Planning Commission, provided the proposed modification has been referred back to the Planning Commission for a report, pursuant to Sections 17.80.070.C and D; and WHEREAS, on June 21, 2022 the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 22- 001 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zoning Code Amendment (ZCA) 22-001. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-001, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Page 3 of 6 ends

Ordinance 22-09 Page 2 of 4
SECTION 1. Pursuant to a Council public hearing conducted on June 21, 2022 and processing in the manner set forth by State law and local ordinance, and after written recommendation thereon by the Planning Commission (Resolution 2022-010 PC) after a duly noticed public hearing on May 24, 2022, this Zoning Code Amendment amending Chapter 17.32 is made for the reasons of public interest, convenience, and necessity.

SECTION 2. Section 17.32.030 of Chapter 17.32 R-R Residential Recreation is amended to read as follows:

Conditional Uses:
a. All those uses permitted with a conditional use permit (“CUP”) in the R-R Residential Recreation Zone under the Covina Zoning Code; plus
b. On-site consumption of beer and wine (Type 41 ABC License), accessory to a R-R permitted use, and shall be subject to the same ABC-associated licensing criteria.

SECTION 3. The development standards set forth in the Covina Municipal Code for the R-R Residential Recreation Zone shall apply to all properties with the R-R classification.

SECTION 4. After giving full consideration to all evidence presented at said hearing, both oral and documentary, reviewing the recommendation of the Planning Commission, and after being fully informed, the City Council hereby finds as follows:

1. The amendment to the R-R Residential Recreation Zone is consistent with the Covina General Plan. The zones will continue to conform to the existing "Park" land use designation set forth in the General Plan.

2. The amendment to the R-R Residential Recreation Zone is in the public interest and reasonably related to the public welfare because it reasonably regulates new types of business use that were not previously recognized or regulated by Covina. Further, by making them a conditional use, this will allow the Planning Commission to review and approve such uses through the public hearing process and, if approved, to impose reasonable conditions of approval to address any negative land use impacts tied to such uses. This balances the policies of the General Plan and Zoning Code to promote moderate economic development in the City with the need to protect the public from the negative impacts tied to alcohol sales.

SECTION 5. In considering this application relative to the California Environmental Quality Act (CEQA) Guidelines, the City Council affirms the determination of the Planning Commission that this Zoning Code Amendment is not subject to the CEQA pursuant to CEQA Guidelines Sections 15061( b)( 3). The addition of the use to allow on-site sales of beer and wine as an accessory use is not a project and will not result in a direct or reasonably foreseeable indirect physical change in the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. The Zoning Code Amendment (ZCA) 22-001 amending Chapter 17.32 RR Residential Recreation Zone, as set forth in Section 3 above is hereby granted.

Page 4 of 6 ends

Ordinance 22-09 Page 3 of 4
SECTION 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 8. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.

SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

PASSED, APPROVED and ADOPTED this __ day of ____, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:

____________________________________
CANDICE K. LEE, City Attorney

Page 5 of 6 ends

Ordinance 22-09 Page 4 of 4

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance No. 22-XX was introduced for first reading at a REGULAR meeting on the 21st day of June, 2022.

Thereafter, said Ordinance was duly approved and adopted at a REGULAR meeting of said City Council on the __th day of _________ 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

Page 6 of 6 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: CC Regular Meeting - Jun 21 2022
Title: Authorize the Levy of Special Taxes for the City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 30), and to Call and Hold a Special Election (342 S. Fourth Avenue, Covina)
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: 1. Adopt Resolution CC2022-58, calling a special election and submitting to the voters of Annexation No. 30 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 30 to finance public services, and the establishment of an appropriations limit; and

2. Adopt Resolution CC 2022-59, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 30.

EXECUTIVE SUMMARY / BACKROUND:

The Conditions of Approval for the multi-family development at 342 S. Fourth Avenue require it to annex into City of Covina Community Facilities District No. 2007-1 (Public Services), Annexation No. 30, or to pay an in lieu fee based on the financial impact on Police, Fire, Emergency, and Parks services. The builder opted to annex into the CFD. At the March 15, 2022, City Council meeting, the Council adopted the boundary map showing territory proposed to be annexed as Annexation No. 30, declared its intention to authorize the annexation of that territory to Community Facilities District (CFD) No. 2007-1 (Public Services), and set the public hearing date and election for May 3, 2022.

After the public hearing on May 3, 2022, the election was held to answer the question of whether or not to annex the development into CFD 2007-1 (Public Services). The ballot for the annexation was opened and it was determined that a "No" vote was submitted. The landowner of the development voted "No" in error and desires the opportunity recast the ballot.

DISCUSSION:

Resolution 07- 6592 established CFD 2007-1 (Public Services), as a Mello Roos Community Facilities District that was formed with the expectation that all future development which results in a net increase of non- exempted residential units would be required to annex into the district, and was formed by the City of Covina to provide funding for public safety and park services that are provided to the territory within the District beyond that provided by the City generally. In Fiscal Year 2021-2022, it has been determined that the cost of these services, for each additional multi-family residential units, will be $550.58 per year. The project at 342 S. Fourth Avenue, Covina, has a total of ten (10) multi-family residential units. The special tax will be applicable to ten (10) multifamily residential units in Annexation No. 30.

Resolution CC 2022-24, adopted on March 15, 2022, set the public hearing of the annexation for May 3, 2022.

After the public hearing was held on May 3, the City Council approved Resolution CC 2022-45, annexing territory to CFD 2007-1, subject to voter approval of the levy of special taxes in such territory. The sole landowner in the territory submitted a ballot voting "No" on Proposition B for the establishment of an appropriations limit for Annexation No. 30 to CFD No. 2007-1 in the amount of $100,000 per annum. The landowner subsequently informed the City that he voted " No" in error and that he desires the opportunity to vote and return a new ballot.

His letter of request is attached as Attachment A. A new ballot was sent to the landowner to cast a new vote regarding the special tax. The new ballot provides for the landowner to confirm that the new ballot replaces the previously submitted ballot.

The adoption of the attached resolutions calls a new election to allow the landowner to cast a new ballot on the levy of the special tax, declares the results of such election, and provides for the annexation as authorized by the election. This is the final step in the annexation process.

Once the annexation is complete, the landowner of the development at 342 S. Fourth Avenue, Covina, will pay an annual special tax for CFD 2007-1 as itemized on his property tax bill. Under the proposed CFD, in Fiscal Year 2021-2022, any multi-family residential units are charged $550.58 per year for the following services:
police, fire protection and suppression, paramedic services, and park maintenance. This Special Tax appears on the annual Property Tax bill for each unit. The Special Tax authorized by the CFD shall be levied on all units for which building permits were issued on or before May 1 of the preceding fiscal year.

FISCAL IMPACT:

The “Special Tax” authorized by the proposed Community Facilities District(CFD) will generate $5,505.80 annually, based on ten (10) net-new multi-family residential units at the FY 2021-2022 tax rate of $550.58 per multi-family unit and will be deposited to Account No. 2740-4800-45800. The Special Tax shall be used to pay for the following additional services in the District: police, fire protection and suppression, paramedic services, and park maintenance. The Special Tax will increase annually by the greater of two percent (2.00%), or the percentage change in the Consumer Price Index.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Staff has determined that the annexation of the does not constitute a “project” under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378(b)(4) because such annexation involves the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

ATTACHMENTS:

Attachment A - Do-Over Letter From Landowner
Attachment B - Map of 342 S. Fourth Avenue, Annexation No. 30 Attachment C - Resolution CC 2022-58
Attachment D - Resolution CC 2022-59
Respectfully submitted,

Page 2 of 22 ends

City of Covina
125 E. College Street
Covina, CA 91723
Attn: Mr. Chris Marcarello, City Manager
Re: Covina 342 LLC,A California LimitedLiabilityCompany Mr. Ara Tchaghlassian
4490 Ayers Avenue
Vernon, CA 90058
Community Facilities District Annexation 30
May 23, 2022
Dear Mr. Marcarelloz
This letter is to inform you that l, Ara Tchaghlassian, owner of the property at 342 5. Fourth Avenue Covina, mistakenly checked the wrong box on the CFD ballot form provide. Itherefore request a new form in order to check the intended box for the annexation. Ifyou have any questions or comments regarding this request please feel free to call.

Sincerel
Ara Tchaghlassian

Page 3 of 22 ends

W Dexter St
W Puente St
S 4th Ave
S
3rd
Av
e
S
A
dl e
n
vil el Av
e
W Puente Ave
W Redwood Ct
S
Ald
e
n
ville
Av
e
ANNEXATION MAP NO. 30
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SERVICES)

CITY OF COVINA

COUNTY OF LOS ANGELES

STATE OF CALIFORNIA
SHEET 1 OF 1 FILED IN THE OFFICE OF THE CITY CLERK THIS ________ DAY OF ____________, 202_.

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
PROPOSED BOUNDARIES OF ANNEXATION NO. 30 TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC

SERVICES), CITY OF COVINA, COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA, WAS APPROVED BY THE CITY

COUNCIL OF THE CITY OF COVINA AT A REGULAR
MEETING THEREOF, HELD ON THE ________ DAY OF
_______________, 202__, BY ITS RESOLUTION NO.
_______________.
____________________________________________________

GEORGIANNA NICOLE ALVAREZ, CHIEF DEPUTY CITY CLERK

CITY OF COVINA
FILED THIS _______ DAY OF _____________, 202__, AT THE
HOUR OF __________ O'CLOCK __.M. IN THE BOOK ________

OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS, PAGE(S) ______ AND AS INSTRUMENT NO.
__________________ IN THE OFFICE OF THE COUNTY

RECORDER IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
__________________________

BY DEPUTY

COUNTY RECORDER

COUNTY OF LOS ANGELES

STATE OF CALIFORNIA

REFERENCE IS MADE TO THAT BOUNDARY MAP OF
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC

SERVICES) OF THE CITY OF COVINA RECORDED WITH

THE LOS ANGELES COUNTY RECORDER'S OFFICE ON
MAY 18, 2007, AS DOCUMENT NO. 20071218337 IN THE

BOOK OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS.

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL

SHOWN ON THIS DIAGRAM SHALL BE THOSE LINES AND

DIMENSIONS AS SHOWN ON THE LOS ANGELES COUNTY
ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE LOS ANGELES COUNTY ASSESSOR'S MAPS SHALL

GOVERN FOR ALL DETAILS CONCERNING THE LINES AND
DIMENSIONS OF SUCH LOTS OR PARCELS.

LEGEND

ANNEXATION BOUNDARY
T1 MAP REFERENCE NUMBER
T1
¹

MAP REFERENCE
NUMBER

ASSESSOR'S PARCEL
NUMBER
1 8444-010-028

Page 4 of 22 ends

RESOLUTION CC 2022-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING
TO THE VOTERS OF ANNEXATION NO. 30 OF CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)

PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL
TAXES WITHIN ANNEXATION NO. 30 TO FINANCE PUBLIC

SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS
LIMIT
WHEREAS, on March 15, 2022, the City Council (hereafter referred to as the “City Council”) of the City of Covina (the “City”) adopted Resolution CC-2022-24 (the “Resolution of Intention”) stating its intention to annex territory to the City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California (“CFD No. 2007-1”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, on May 3, 2022, the City Council held a public hearing regarding the proposed annexation, as required by the Act and by the Resolution of Intention; and WHEREAS, at the public hearing, interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2007-1 and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2007-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2007-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2007-1, or (iii) owners of one-half or more of the area of land in the territory within CFD 2007-1 and not exempt from special tax, or (iv), owners of one- half or more of the area of land in the territory proposed to be annexed to CFD No. 2007- 1 and not exempt from the special tax; and
WHEREAS, following the public hearing on May 3, 2022, the City Council adopted Resolution CC-2022-45 ordering the territory to be annexed to CFD No. 2007-1 (Annexation No. 30), subject to voter approval of the special tax; and
WHEREAS, after adopting Resolution CC-2022-45, the City Council adopted Resolution CC-2022-46 calling a special election for May 3, 2022 on such matter; and WHEREAS, the City Council held the election on May 3, 2022, and opened the ballot from the sole landowner in the territory of Annexation No. 30; and WHEREAS, the ballot was submitted in opposition to the special tax and the City Council took no further action to approve Annexation No. 30; and

Page 5 of 22 ends

Resolution CC 2022-58 Page 2 of 4
WHEREAS, the landowner subsequently informed the City that the “no” vote on the ballot was a mistake and that the landowner desired to approve the special tax and annex the property into CFD No. 2007-1; and
WHEREAS, at the request of the sole landowner within the territory of Annexation No. 30, the City Council wishes to call a special election to allow such landowner to submit a corrected ballot on the proposed special tax.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2007-1 for each of the 90 days preceding the close of the public hearing on May 3, 2022; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2007-1, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 30 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No. 30 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on June 21, 2022, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as the “City Clerk”) has consented to the holding of the election on June 21, 2022.

SECTION 2. Call of Election. The City Council hereby calls and schedules an election for June 21, 2022, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 30 to CFD No. 2007-1 to finance public services within the CFD No. 2007-1, and on the proposition of the establishment of an appropriations limit for Annexation No. 30 to CFD No. 2007-1.

SECTION 3. Propositions. The propositions to be submitted to the voters of Annexation No. 30 at such special election shall be as follows:

Proposition A: Shall special taxes be levied annually on taxable property within the territory to be annexed into the City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California (“Annexation No. 30”); and collected so long as the special taxes are needed to pay for police services, fire protection and suppression services, paramedic services, and park maintenance at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit “B” to the Resolution of Intention, Resolution No. 07-6578, adopted by the City Council of the City of Covina on May 1, 2007, and as amended by Resolution No. 09-6743?

Page 6 of 22 ends

Resolution CC 2022-58 Page 3 of 4
Proposition B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 30 to the City of Covina Community Facilities District No. 2007-1 (Public Services), County of Los Angeles, State of California, in the amount of $100,000 per annum?
The First Amended Rate and Method of Apportionment is attached as Exhibit A.

SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

SECTION 5. Election Procedures. The procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No. 30 to CFD No. 2007-1 to pay for public services, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No. 30 to CFD No. 2007-1 in the amount of $100,000 per annum shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official, shall mail or deliver to each qualified elector an official ballot in the appropriate form, and shall also mail or deliver to all such qualified electors a ballot pamphlet, instructions to voter, and a return identification envelope addressed to the City Clerk for the return of voted official ballots. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landownervoter. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The information to voter form to be delivered by the City Clerk to the landowner-voter shall inform them that the official ballot shall

Page 7 of 22 ends

Resolution CC 2022-58 Page 4 of 4
be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:30 p.m. on the 21st day of June, 2022; provided that if all qualified electors have voted, the election shall be closed with the concurrence of the City Clerk.
(f) Upon receipt of the return identification envelope, which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 21st day of June, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
_____________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-58 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 21st day of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
________________________________________
FABIAN VELEZ, Deputy City Clerk

Page 8 of 22 ends

EXHIBIT A

FIRST AMENDED RATE AND METHOD OF APPORTIONMENT

Page 9 of 22 ends

FIRST AMENDED

RATE AND METHOD OF APPORTIONMENT

CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) A special tax as hereinafter defined shall be levied on and collected for Community Facilities District No. 2007-1 (Public Services) of the City of Covina (“CFD No. 2007-1”) each Fiscal Year, commencing in Fiscal Year 2007-2008, in an amount determined by the City Council of the City of Covina through the application of the appropriate Special Tax for “Developed Property,” as described below. All of the real property in CFD No. 2007-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any actual ordinary and necessary expense of the City of Covina, or designee thereof or both, to carry out the administration of CFD No. 2007-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2007-1, fees and expenses for counsel, Special Tax consultant and other consultants hired by the City in relation to CFD No. 2007-1, costs associated with responding to public inquiries regarding CFD No. 2007-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2007-1. “Affordable Housing” means any Unit within CFD No. 2007-1 that is subject to a written and recordable covenant, deed restriction, resale restriction, regulatory agreement or similar agreement with either the City of Covina or the Redevelopment Agency of the City of Covina, which restricts the amount of rent for that Unit to “affordable rent” (as that term is defined in California Health and Safety Code Section 50053) for a period of not less than fifty-five (55) years, or which restricts the purchase price for that Unit to “affordable housing cost” (as that term is defined in California Health and Safety Code Section 50052.5) for a period of not less than forty-five (45) years. A Unit shall no longer be considered Affordable Housing following the expiration or termination of the applicable covenant, restriction or agreement.
“Annual Escalation Factor” means for the Special Tax, the greater of (i) two percent (2.00%), or (ii) the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year.
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number within the boundaries of CFD No. 2007-1.

Page 10 of 22 ends

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Base Year” means Fiscal Year ending June 30, 2008.
“Boundary Map” means the map of the boundaries for CFD No. 2007-1, as approved by the City Council, and recorded with the County in maps of assessments and community facilities districts. “Building Permit” means a permit for new construction for a residential dwelling Unit. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirements and providing for the levy and collection of the Special Tax. “CFD No. 2007-1” means Community Facilities District No. 2007-1 (Public Services) established by the City under the Act.
“City” means the City of Covina.
“City Council” means the City Council of the City, acting as the Legislative Body of CFD No. 2007-1, or its designee.
“Consumer Price Index” means the index published by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles-Riverside-Orange County area. “County” means the County of Los Angeles.
“Developed Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits were issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied, provided that a Final Map was created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the City and/or CFD administrator.
“Exempt Property” means all Assessor’s Parcels within CFD No. 2007-1 designated as being exempt from the Special Tax as determined in Section F.
“Final Map” means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.

Page 11 of 22 ends

“Maximum Special Tax” means the Maximum Special Tax determined in accordance with Section C, which can be levied by CFD No. 2007-1 in any Fiscal Year on Taxable Property within CFD No. 2007-

1. “Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which Building Permit(s) have been issued for purposes of constructing Non-Residential Property and Residential Property. Residential Units on Mixed-Use Property shall be classified as Multi-Family Residential. “Multi-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of two or more residential Units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, apartment Units, and residential Units on Assessor’s Parcels that are considered Mixed-Use Property.
“Non-Residential Property” means all Assessor’s Parcels for which a Building Permit was issued for any type of non-residential use.
“Public Property” means any property within the boundaries of CFD No. 2007-1 that is owned by or irrecoverably dedicated to the City, the federal government, the State of California, the County, CFD No. 2007-1, or other public agency. For purposes of this definition, property owned by the Redevelopment Agency of the City of Covina is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Sections C and D herein.
“Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and Fire District staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance, and (iv) City and Fire District overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for police, fire protection services, paramedic services, and park maintenance.
“Special Tax” means any special tax authorized to be levied by CFD No. 2007-1 pursuant to the Act to fund the Special Tax Requirement.
“Single-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one single-family residential dwelling Unit. “Taxable Property” means all Assessor’s Parcels within CFD No. 2007-1 that are not exempt from the levy of the Special Tax.
“Tax Class” means any of the classes listed in Table 1 below. “Undeveloped Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits have not been issued and that is not classified as Approved Property or Public Property. “Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

Page 12 of 22 ends

B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel within CFD No. 2007-1 shall be classified as Developed Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel of Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, or Mixed-Use Property.

C. MAXIMUM ANNUAL SPECIAL TAX
The Maximum Special Tax for each Assessor’s Parcel classified as Single-Family Residential, Multi-Family Residential, and Mixed-Use Property in Fiscal Year 2007-2008 shall be equal to the Maximum Special Tax set forth in Table 1.

TABLE 1

MAXIMUM ANNUAL SPECIAL TAX RATES
Fiscal Year 2007-2008
Tax Class Description
Maximum
Special Tax
1 Single-Family Residential $527 per Unit
2 Multi-Family Residential $395 per Unit
3 Mixed-Use Property $395 per Unit
For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be adjusted by the Annual Escalation Factor.

Multiple Tax Classes
In some instances an Assessor’s Parcel may contain more than one Tax Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be imposed on all Tax Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2007-2008, and for each subsequent Fiscal Year, the Special Tax shall be levied on each Assessor’s Parcel of Developed Property at the applicable Maximum Special Tax as set forth in Section C.

E. TERMINATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2007-1.

F. EXEMPTIONS
The City shall classify as Exempt Property: (i) Public Property, (ii) Non-Residential Property, (iii) Undeveloped Property, (iv) Affordable Housing, or (v) Assessor’s Parcels with public or utility easements making impractical their utilization for other purposes than those set forth in the easement.

Page 13 of 22 ends

G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2007-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

H. MANNER OF COLLECTION
The annual Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2007-1 may collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations.

Page 14 of 22 ends

RESOLUTION CC 2022-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE

RESULTS OF AN ELECTION AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES), ANNEXATION NO. 30
WHEREAS, the City Council of the City of Covina (the “City Council”), has previously formed a Community Facilities District pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2007-1 (Public Services) (hereafter referred to as CFD No. 2007-1); and
WHEREAS, the City Council initiated proceedings to annex certain territory to Community Facilities District No. 2007-1 (Public Services), Annexation No. 30 (hereafter referred to as “Annexation No. 30”); and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 30 has been received from the property owner or owners of such territory; and WHEREAS, twelve (12) or more registered voters have not resided within the territory of Annexation No. 30 for each of the ninety (90) days preceding May 3, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 30 shall be the “landowners” of Annexation No. 30 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 30 to the qualified electors of Annexation No. 30 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 30; and WHEREAS, the City Clerk of the City of Covina has caused ballots to be distributed to the qualified electors of Annexation No. 30, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3’s vote of the qualified electors, and the City Council desires to declare the results of the Election; and
WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 30 (hereafter referred to as the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Properties to be annexed and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council.

Page 15 of 22 ends

Resolution CC 2022-59 Page 2 of 3

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Findings. This City Council does hereby determine as follows:
(a) The unanimous consent to the annexation of Annexation No. 30 to CFD No. 2007-1 has been given by all of the owners within Annexation No. 30 and such consent shall be kept on file in the Office of the City Clerk. (b) Twelve (12) or more registered voters have not resided within the territory of Annexation No. 30 for each of the ninety (90) days preceding May 3, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 24 shall be the “landowners” of such Annexation No. 30 as such term is defined in Government Code Section 53317(f). (c) Pursuant to the Certificate, the qualified electors of Annexation No. 30 have unanimously voted in favor of the levy of special taxes within Annexation No. 30 upon its annexation to CFD No. 2007-1 and the establishment of an appropriations limit for Annexation No. 30.

SECTION 3. Annexed Area. The boundaries and parcels of territory within Annexation No. 30 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council.

SECTION 4. Declaration of Annexation. The City Council does hereby determine and declare that Annexation No. 30 is now added to and becomes a part of CFD No. 2007-1. The City Council, acting as the legislative body of CFD No. 2007-1, is hereby empowered to levy the authorized special tax within Annexation No. 30.

SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 21st day of June, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor

Page 16 of 22 ends

Resolution CC 2022-59 Page 3 of 3
ATTEST:
_______________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-59 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 21st day of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
________________________________________
FABIAN VELEZ, Deputy City Clerk

Page 17 of 22 ends

Resolution CC 2022-59 Exhibit A

EXHIBIT A

CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST

Page 18 of 22 ends

Resolution CC 2022-59 Exhibit A

CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF COVINA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF COVINA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions commencing with Section 53326 of the Government Code of the State of California, I did canvass the returns of the votes cast at the

CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SERVICES)
ANNEXATION NO. 30

SPECIAL ELECTION
in the City, held on June 21, 2022.

I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 30 to Community Facilities District No. 2007- 1 (Public Services) of the City of Covina for or against the Measure are full, true and correct.

NUMBER OF ELIGIBLE VOTES:

VOTES CAST ON PROPOSITION A: YES
NO
VOTES CAST ON PROPOSITION B: YES
NO
WITNESS my hand this 21st day of June, 2022.
_____________________________________
City Clerk
City of Covina

Page 19 of 22 ends

Resolution CC 2022-59 Exhibit B

EXHIBIT B

ANNEXATION MAP

Page 20 of 22 ends

Resolution CC 2022-59 Exhibit C

EXHIBIT C

LIST OF PROPERTIES TO BE ANNEXED

Page 21 of 22 ends

Resolution CC 2022-59 Exhibit C

LIST OF PROPERTIES TO BE ANNEXED
ANNEXATION NO. 30
ASSESSOR PARCEL NO(S) 8444-010-028
Vesting Tract No.

N/A
Address
342 S Fourth Avenue, Covina, CA 91723
Landowner
66 LLC, A California Limited Liability Company
Attn: Ara Tchaghlassian
4490 Ayers Avenue
Vernon, CA 90058

Page 22 of 22 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. NB 2
Meeting: CC Regular Meeting - Jun 21 2022
Title: Ordinance 22-10 Amending Title 13 of the Covina Municipal Code Pertaining to Water Conservation for Water Services Provided by the City - First Reading and Introduction Presented By: Andy Bullington, Director of Public Works Recommendation: Waive full reading, read by title only, and introduce for first reading Ordinance 22-10 entitled, “An Ordinance of the City Council of the City of Covina, California Amending Title 13 of the Covina Municipal Code Pertaining to Water Services Provided by the City and Water Conservation.”
EXECUTIVE SUMMARY / BACKROUND:

The City’s Water Division is responsible for delivering a high quality and reliable water supply to its customers.

In addition, the Division is also responsible for encouraging water conservation practices that will safeguard our ground water supply for future generations. On July 7, 2009, the City Council adopted Ordinance No. 09-1973, which established water conservation requirements for Covina Water customers. The 2009 Ordinance was adopted in response to a mandate set by the Metropolitan Water District (MWD), during a time when worsening drought conditions were being experienced throughout the State of California.

Currently, California is in its third year of drought. January, February, and March experienced the least rainfall on record in California history. In response to the current drought conditions, MWD has placed strict requirements upon its member agencies to reduce water consumption. MWD has also developed conservation requirements for agencies whose water supply depends on the State Water Project. Although Covina’s water supply comes from Covina Irrigating Company via sources that do not depend on the State Water Project, the City must be prepared for unforeseen changes to its water supply sources. For these reasons, specific updates must be made to the City’s 2009 Water Conservation Ordinance in order to align with MWD requirements.

The proposed ordinance would replace the existing 2009 Water Conservation Ordinance. The proposed ordinance provides updates to the City’s allowable water use practices, as well as administrative updates.

DISCUSSION:

Due to California’s ongoing and worsening drought conditions, cities and water agencies must encourage conservation practices that promote the efficient utilization of available water resources. The City has been encouraging such conservation practices since 2009 through the implementation of its Water Conservation Ordinance (Ordinance No. 09-1973, adopted on July 7, 2009). The Ordinance established a series of permanent water conservation requirements, which are in effect at all times. Permanent requirements are practical in nature, and include the following:
• Generally limiting automatic irrigation systems to before 9:00 am or after 5:00 pm. • Generally limiting automatic irrigation systems to 15 minutes per station per day. • Generally prohibiting the hosing or washing down of paved surfaces. • Generally prohibiting runoff caused by irrigation.
• Requiring the use of a hand-held bucket or hose with shut off nozzle for vehicle washing.

In addition to the permanent water conservation requirements, the 2009 Ordinance also included a series of three progressively restrictive levels which would become effective should a water supply shortage condition exist. The restriction levels limit landscape irrigation systems, gradually ranging from zero to three times per week. The restriction levels also dictate the number of days water customers have to repair leaks or service line breaks, gradually ranging from 24 hours to 72 hours.

The 2009 Water Conservation Ordinance also sets a series of monetary penalties that may be assessed upon Covina Water customers that do not comply. The first violation of the Ordinance would result in a written warning, while the second and subsequent violations may result in monetary penalties assessed to the customer’s water bill.

At this time, the City’s 2009 Water Conservation Ordinance must be replaced with a new ordinance that aligns with the requirements set forth by MWD in response to the current drought conditions. A listing of notable differences between the existing Ordinance No. 09-1973 and the proposed ordinance is provided in the table below. Notably, a level has been added to allow for one watering day per week year-round, an option that did not exist previously.

Existing Ordinance No. 09-1973 Proposed Ordinance (Attachment A) Level 1 No change. No change.

Level 2
3 day a week of watering for summer and
1 day a week of watering for winter
months.

Irrigation systems may operate for no
more than15 minutes per station per
watering day.
2 day a week of watering for summer and 1
day a week of watering for winter months.

Irrigation systems may not operate for no
more than10 minutes per station per watering
day.

Level 3 0 watering days per week. 1 day per week watering year-round.

Irrigation systems may not operate for more
than 8 minutes per station per watering day.

Level 4 NA 0 watering days per week.

Penalties 2nd Violation - $50 fee
3rd Violation - $100 fee
4th and Subsequent Violation - $250 fee
2nd Violation - $100 fee
3rd Violation - $200 fee
4th and Subsequent Violation - $400 fee
Proposed water conservation ordinance, reflecting the listed updates, is provided as Attachment A for consideration.

Declaration of a Level 2 Water Supply Shortage
The City has been in a Level 1 Water Supply Shortage from May 2017 through the present, which allows Covina Water customers to utilize landscape irrigation systems three days per week from the months of April 1st thru October 31st and reduced to one day a week starting November 1st thru March 31st.

On May 11, 2022, the Upper San Gabriel Valley Municipal Water District adopted an Emergency Water Conservation Program, applicable to the Covina community. The Program calls for a 20% water use reduction and limits landscape irrigation to two days per week. As such, the City will declare its Level 2 Water Supply Shortage upon adoption of the proposed ordinance. This will limit Covina Water customers to two watering days per week year-round, and will support Upper District’s regional conservation effort.

Page 2 of 13 ends

FISCAL IMPACT:

There is no fiscal impact associated with the proposed water conservation ordinance.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Ordinance 22-10
Respectfully submitted,

Page 3 of 13 ends

ORDINANCE 22-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA AMENDING TITLE 13 OF THE COVINA MUNICIPAL CODE

PERTAINING TO WATER SERVICES PROVIDED BY THE CITY AND WATER

CONSERVATION

THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 13.06 of Title 13 of the Covina Municipal Code is hereby amended to read as follows:
"Chapter 13.06

WATER CONSERVATION
Sections:

13.06010 Purpose and Intent

13.06.020 Definitions

13.06.030 Application

13.06.040 Permanent Water Conservation Requirements - Prohibition Against Waste

13.06.050 Level I Water Supply Shortage

13.06.060 Level 2 Water Supply Shortage

13.06.070 Level 3 Water Supply Shortage - Emergency Conditions

13.06.080 Level 4 Water Supply Shortage - Emergency Conditions

13.06.090 Procedures for Notification of Water Supply Shortage

13.06.100 Hardship Waiver

13.06.110 Penalties and Violations

13.06.010 Purpose and Intent.

A. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the City of Covina’s jurisdiction through conservation and education, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, maximize the efficient use of water within the City of Covina to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. The provisions of this chapter also provide the City of Covina the means to adjust, set and enforce any new conditions as a functional response to any new or added water supply shortage regulations ordered at the local, state or federal government level.

B. This chapter establishes permanent water conservations standards intended to alter behavior related to water use efficiency at all times and further establishes four levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to

Page 4 of 13 ends

Ordinance 22-10 Page 2 of 10
worsening drought or emergency conditions and decreasing supplies. The City of Covina reserves the right to enhance or modify these standards as needed to mirror updated guidance from local, state, or federal government regulations.

13.060.020 Definitions.

The following words and phrases whenever used in this chapter shall have the meaning defined by this Section.

A. "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of the City of Covina or any other user of water provided by the City of Covina.

B. "Landscape irrigation system" means an irrigation system with pipes, hoses, tubing, spray heads, or sprinkling devices that are operated by hand or through an automated system.

C. "Large landscaped areas" means a lawn, landscape, or other vegetated area, or combination thereof, equal to or greater than one (l) acre of irrigable land.

D. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed.

E. "Potable water" means water which is suitable for drinking.

F. "Recycled water" means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations.

13.06.030 Application.

A. The provisions of this chapter apply to any person in the use of potable water provided by the City of Covina.

B. The provisions of this chapter do not apply to the following:
l. Uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.

2. The use of recycled water, with the exception of Section 13.06.040(A).

3. The use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

13.06.040 Permanent Water Conservation Requirements - Prohibition Against Waste.

The following water conservation requirements are effective at all times and are permanent. Violations of this Section shall be considered waste and an unreasonable use of water.

A. Limits on watering hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m.

Pacific Time on any day, except by use of hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

B. Limit on watering duration. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than fifteen minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow, driptype irrigation systems when no emitter produces more than two gallons of water per hour and weather-based controllers or stream rotor sprinklers that meet a seventy percent efficiency standard.

Page 5 of 13 ends

Ordinance 22-10 Page 3 of 10
C. No excessive water flow or runoff. Watering or irrigating lawn, landscape, or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.

D. No washing down hard or paved surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive, selfclosing shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume, high-pressure water broom.

E. Obligation to fix leaks, breaks, or malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than five days of receiving notice from the City is prohibited.

F. Re-circulating water required for water fountains and decorative water features.

Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited.

G. Limits on washing vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by the use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing, shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.

H. Drinking water served upon request only. Eating or drinking establishments, including but not limited to a restaurant, hotel, café, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. This subsection does not apply to permanently installed public drinking fountains.

I. Commercial lodging establishments must provide guests option to decline daily linen services. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.

J. No installation of single pass cooling systems. Installation of single pass cooling systems is prohibited in buildings requesting new or increased capacity water service.

K. No installation of non-re-circulating system in commercial car wash and laundry facilities. Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.

L. Restaurants required to use water conserving dish wash spray valves. Food preparation establishments, such as restaurants or cafes , are prohibited from using non-water conserving dish wash spray valves.

M. Commercial car wash systems. Effective on January l, 2011, all commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver from this requirement from the City.

13.06.050 Level 1 Water Supply Shortage.

A. A Level 1 Water Supply Shortage exists when the City Manager or designee thereof determines that due to drought or other water supply conditions, a water supply shortage or

Page 6 of 13 ends

Ordinance 22-10 Page 4 of 10
threatened water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions.

B. In addition to the prohibited uses of water identified in Section 13.06.040, the following water conservation requirements shall be in effect during a declared Level 1 Water Supply Shortage:
l. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the Director of Public Works. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the Director of Public Works. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than fifteen minutes per day per station. This subsection does not apply to landscape irrigation zones that exclusively use very low-flow drip irrigation systems when no emitter uses more than two gallons of water per hour.

This subsection also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

2. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two hours of notification by the City unless other arrangements are made with the City. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.

13.06.060 Level 2 Water Supply Shortage.

A. A Level 2 Water Supply Shortage exists when the City Manager or designee thereof determines that due to drought or other water supply conditions, a water supply shortage or threatened water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions.

B. In addition to the prohibited uses of water identified in Sections 13.06.040 and

13.06.050, the following additional water conservation requirements shall be in effect during a declared Level 2 Water Supply Shortage:

1. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the Director of Public Works. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the Director of Public Works. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than ten minutes per day per station. This subsection does not apply to landscape irrigation zones that exclusively use very low-flow drip irrigation systems when no emitter uses more than two gallons of water per hour.

Page 7 of 13 ends

Ordinance 22-10 Page 5 of 10
isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.

3. Filling or re-filling ornamental lakes or ponds is prohibited except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of supply shortage level.

4. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by the use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, by high-pressure/low-volume wash systems, or at a commercial car washing facility that utilizes a re-circulating water system to capture or reuse water.

13.06.070 Level 3 Water Supply Shortage – Emergency Conditions.

A. A Level 3 Water Supply Shortage condition is also referred to as an ‘Emergency’ condition. A Level 3 condition exists when the City Manager or designee thereof declares a water shortage emergency and notifies residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. During a Level 3 Water Supply Shortage condition, the Director of Public Works will implement the mandatory Level 3 conservation measures identified in this Section.

B. In addition to the prohibited uses of water identified in Sections 13.06.040,

13.06.050, and 13.06.060, the following additional water conservation requirements shall be in effect during a declared Level 3 Water Supply Shortage Emergency:

1. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to one day per week on a schedule established and posted by the Director of Public Works. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than eight minutes per day per station. This subsection does not apply to landscape irrigation zones that exclusively use very low-flow drip irrigation systems when no emitter uses more than two gallons of water per hour. This subsection also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Any irrigation system shall apply water at a weekly volume not to exceed that consistent with the one-day watering restriction.

2. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight hours of notification by the City unless other arrangements are made with the City. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.

Page 8 of 13 ends

Ordinance 22-10 Page 6 of 10

13.06.080 Level 4 Water Supply Shortage – Emergency Conditions.

A. A Level 4 Water Supply Shortage condition is also referred to as an 'Emergency' condition. A Level 4 condition exists when the City Manager or designee thereof declares a water shortage emergency and notifies residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. During a Level 4 Water Supply Shortage condition, the Director of Public Works will implement the mandatory Level 4 conservation measures identified in this Section.

B. In addition to the prohibited uses of water identified in Sections 13.06.040, 13.06.050,

13.06.060, and 13.06.70, the following additional water conservation requirements shall be in effect during a declared Level 4 Water Supply Shortage Emergency:
l . Watering or irrigating lawn, landscape, or other vegetated area with potable water is prohibited. This restriction shall not apply to the following categories of use, if they are necessary to support health of trees or other perennials or the ability to recover after restrictions are lifted, unless the Director of Public Works has determined that recycled water is available and may be applied to the use:
a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing shut-off nozzle or device. b. Maintenance of existing landscape necessary for fire protection.
c. Maintenance of existing landscape for soil erosion control. d. Maintenance of plant materials identified to be rare or essential to the well-being of protected species.
e. Maintenance of landscape within active public parks and playing fields, provided that such irrigation does not exceed one day per week according to the schedule and time restrictions established in Section 13.06.070(B)(l) and Section 13.06.040(A).
f. Actively irrigated environmental mitigation projects.

2. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty-four hours of notification by the City unless other arrangements are made with the City. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.

3. During a Level 4 Water Supply Shortage Emergency, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to service or provide potable water service, such as will serve letters, certificates, or letters of availability, will be issued, except under the following circumstances:
a. A valid, unexpired building permit has been issued for the project; or
b. The project is necessary to protect the public health, safety, and welfare, or
c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the Director of Public Works.

Page 9 of 13 ends

Ordinance 22-10 Page 7 of 10
This subsection does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of six months or less.

4. The Director of Public Works, in his or her sole discretion, may discontinue service to consumers who willfully violate provisions of this Section.

5. During a Level 4 Water Supply Shortage Emergency, the City will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water.

13.06.090 Procedures for Notification of Water Supply Shortage.

The existence of a Level l , Level 2, Level 3 or Level 4 water supply shortage condition will take effect on the tenth day after the date the shortage is declared. Declaration may be made by the Director of Public Works via City-wide notice, such as a posting on the City website, or comparable notification. Within five days following the declaration of the shortage level, the Director of Public Works or designee thereof must publish a notice of the declaration of water supply shortage in a newspaper used for publication of official notices, post the notice in the same location and manner as other official notices of the City are posted, and use whatever means are reasonably available, including but not limited to the City's website, the emergency telephone notification system, and regular billing statements, to notify customers of the shortage declaration.

13.06.100 Hardship Waiver.

A. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, the person or property owner may apply for a waiver to the requirements as provided in this Section.

B. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property.
l. Application for waiver must be on a form prescribed by the City and accompanied by a non-refundable processing fee in an amount set by resolution of the Covina City Council.

2. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.

3. An application for waiver will be denied unless the Director of Public Works finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City, all of the following:
b. a. The waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; Because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;

Page 10 of 13 ends

Ordinance 22-10 Page 8 of 10
c. The authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this chapter and will not be detrimental to the public interest; and d. The condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent, or general in nature.

4. The Director of Public Works or designee thereof must act upon any completed application no later than ten days after submittal and may approve, conditionally approve, modify, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property or use during the period of the mandatory water supply shortage condition. The decision of the Director of Public Works may be appealed as provided within the water utility's approved rules and regulations.

13.06.110 Penalties and Violations.

A. At the sole discretion of the City, any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty days or by a fine not exceeding one thousand dollars, or by both.

B. At the sole discretion of the City, in lieu of prosecution as a misdemeanor, any violation of this chapter may result in a penalty being assessed to a person's water utility bill, as follows:
l . First Violation. The City will issue a written warning and deliver a copy of this Ordinance either by mail or by hand delivery to the property.

2. Second Violation. A second violation within the preceding twelve calendar months is punishable by the levying of an assessment of $100.00 upon the responsible person's water bill.

3. Third Violation. A third violation within the preceding twelve calendar months is punishable by the levying of a non-compliance assessment of $200.00 upon the responsible person's water bill.

4. Fourth and Subsequent Violations. A fourth and any subsequent violation is punishable by the levying of a non-compliance assessment of $400.00 upon the responsible person's water bill.

5. Water Flow Restrictor. In addition to or in place of any non-compliance assessments, the City, in its sole discretion, may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services forty-eight hours after written notice of intent to install a flow restrictor is issued.

6. Discontinuing Service. In addition to or in place of any non-compliance assessments and/or the installation of a water flow restrictor, the City may, in its sole discretion, disconnect a customer's water service for willful violations of mandatory conservation measures contained within this chapter.

C. A person or entity that violates any of the provisions of this chapter is responsible for payment of the City's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the City before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

Page 11 of 13 ends

Ordinance 22-10 Page 9 of 10
D. Each day that a violation of this chapter occurs is a separate offense.

E. A consumer may appeal a Notice of Violation or violation penalty assessment by filing a written appeal as prescribed within the water utility's approved rules and regulations." SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is hereby designated for that purpose.

PASSED, APPROVED and ADOPTED this __ day of ____, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:

___________________________________
CANDICE K. LEE, City Attorney

Page 12 of 13 ends

Ordinance 22-10 Page 10 of 10

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-10 was introduced for first reading at a regular meeting on the 21st day of June, 2022. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________________
FABIAN VELEZ, Deputy City Clerk

Page 13 of 13 ends

Covina City CouncilJune 21, 2022

Covina City Council
June 21, 2022