Covina City Council
April 18, 2023

ATTACHMENT B
H. No part of a mobile food facility or any other equipment or furniture related to the operation of the mobile food facility shall encroach onto a public sidewalk.

I. Vending is permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except that in residential areas vending shall only be permitted between the hours of 9:00 a.m. and 5:00 p.m.

J. Mobile food facility operators shall maintain a clearly designated trash receptacle in the immediate vicinity of the mobile food facility, marked with a sign requesting use by patrons.

Prior to leaving any vending location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a 25-foot radius of the vending location.

K. Mobile food facility operators shall maintain and possess at all times while vending proof of liability insurance in the amount required by the City.

L. Mobile food facility operators shall comply with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; the Americans with Disabilities Act of 1990 and other disability access standards; and traffic, parking, and California Vehicle Code provisions.

M. No mobile food facility shall become a permanent fixture on the vending site or be considered an improvement to real property.

N. The mobile food facility shall be located on surfaces paved with concrete, asphalt or another impervious surface. No liquid can be discharged, including water, grease, oil, etc., onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the mobile food facility operator.

O. Excessive smoke, odors, and other air quality nuisances are prohibited.

P. Amplified sound-making devices, including but not limited to loudspeakers and public address systems, are prohibited.

Q. Alcoholic beverages, cannabis, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine or marijuana cannot be sold.

R. Use of an electrical outlet or power source that is owned by the City without consent from the City is prohibited.

S. No mobile food facility operators shall use existing parking spaces on the site for customer queuing, tables, chairs, portable restrooms, signs, and/or any other ancillary equipment.

Operators shall not barricade or otherwise set a perimeter around a vending area to obstruct the free movement of pedestrians or cyclists, block the path of a person, or obstruct the free movement of vehicles, bicycles, or parked vehicles.

T. A mobile food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period.

ATTACHMENT B
U. All signage and advertising related in any way to the mobile food facility must be attached to the mobile food facility, and shall not be electrical, flashing, blinking, wind- powered or animated.

5.80.100 Regulations for Vending on Private Property.

In addition to compliance with the operating requirements set forth in Sections 5.80.070 and 5.80.080, any vendor operating or conducting business from a vending cart or mobile food facility on private property shall comply with the following:

A. The vendor shall comply with all applicable zoning regulations and land use entitlements for the private property.

B. Unless vending is otherwise authorized by the applicable zoning regulations and/or land use entitlements for the private property or as otherwise provided for herein, the vendor shall obtain from the Community Development Director an administrative conditional use permit pursuant to Section 17.62.190 prior to engaging any vending activity. Any request for such a permit shall require the written consent of the property owner, which shall be provided to the Community Development Director. In determining whether to grant the administrative conditional use permit, the Community Development Director shall make the following findings: (i) the vending is allowed within the applicable underlying zone or is consistent with the uses permitted in such zone; (ii) the vending will not be detrimental to the public health, safety and welfare or adversely affect property values or the present or future development of the surrounding area; and (iii) the property is physically suitable for the activity. The Community Development Director shall review and approve the administrative conditional use permit application within 30 days of receipt. If the administrative conditional use permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.

C. No administrative conditional use permit, however, is required under this Section for the following mobile food facility activities:

1. Mobile food facilities that serve active construction sites as long as the mobile food facility does not vend to the general public during their stop and the stop at the site is no longer than one hour.

2. Mobile food facilities on private property operating solely for private catering purposes as long as the vehicle is situated entirely on private property, service is limited to the guests of the catered event only and no payment transactions occur for individual orders taken by the mobile food facility operator.

3. The mobile food facility is on private property for no more than one hour as long as: (a) vending is authorized by the applicable zoning and/or land use entitlement; and (b) the vendor has the written consent from the property owner and said consent shall be provided to the City upon request.

D. Notwithstanding the foregoing, mobile food facilities may be allowed on private property as a permanent or semi-permanent feature only with the approval of a conditional use permit pursuant to the Covina Town Center Specific Plan.

ATTACHMENT B

5.80.110 Permit Rescission.

A. Sidewalk vendors. The Director may rescind a vending permit issued to a sidewalk vendor for a fourth violation or any subsequent violation of this Chapter.

B. Mobile food facility operators. The Director may rescind a vending permit issued to a mobile food facility operator for a first violation or any subsequent violation of this Chapter.

C. Should a vending permit be rescinded, the sidewalk vendor or mobile food facility operator shall be required to cease operation immediately. A sidewalk vendor or mobile food facility operator whose permit is rescinded may apply for a new vending permit upon the expiration of the term of the rescinded permit.

5.80.120 Administrative Citations.

A. Except as provided in Subsection (B) below, any violation of this Chapter is punishable by an administrative citation in following amounts:

1. One hundred dollars ($100) for a first violation.

2. Two hundred dollars ($200) for a second violation within one year of the first violation.

3. Five hundred dollars ($500) for each additional violation within one year of the first violation.

B. Vending without a valid City-issued vending permit is punishable by an administrative citation in the following amounts:

1. Two hundred fifty dollars ($250) for a first violation.

2. Five hundred dollars ($500) for a second violation within one year of the first violation.

3. One thousand dollars ($1,000) for each additional violation within one year of the first violation.

4. Upon proof of a valid vending permit, the administrative citations set forth in this paragraph shall be reduced to amounts set forth in Subsection (A).

C. A violation of this Chapter shall not be punishable as an infraction or misdemeanor.

No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

D. Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

E. When assessing administrative citations pursuant to this chapter, the hearing officer shall take into consideration the person's ability to pay the fine. The City shall provide the person with notice of their right to request an ability-to-pay determination and shall make available

ATTACHMENT B
instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

F. If the person meets the criteria described in California Government Code Section 68632(a) or (b), the City shall accept, in full satisfaction, 20% of an administrative citation imposed pursuant to this chapter.

G. The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

H. Notwithstanding paragraphs A through G, penalties for violations of this Chapter related to mobile food facility operation shall be as set forth in Chapters 1.16, or 1.26 and any penalties provided therein are cumulative to any other penalty provided by law.

5.80.130 Appeals.

A. Any person aggrieved by the decision of the Director to issue, deny issuance, or rescind a vending permit may file an appeal with the City Clerk within 14 calendar days from the date of the decision. The permit, if one has been issued, shall remain in effect while the appeal is being heard by the Hearing Officer. The Hearing Officer shall make their decision on the basis of the preponderance of the credible evidence presented at the appeal hearing and shall render a decision within 30 days of the hearing to either affirm, reverse, or modify the action of the Director. The decision shall be in writing, and shall set forth the findings and reasons for the decision. The Hearing Officer's decision after such hearing shall be final and conclusive.

B. Except as otherwise specified herein, appeals of administrative citations shall be conducted in accordance with the procedures and requirements Chapter 1.26 of this Code.

5.80.140 Administrative regulations.

The Director may promulgate administrative regulations to implement the provisions of this Chapter, including, but not limited to, permit application procedures and requirements, permit conditions, operating conditions, inspection frequencies, enforcement procedures, location restrictions, or concentration restrictions. No person shall fail to comply with any such regulations.

Section 4. CEQA. The City Council finds and determines that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. Accordingly, this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15378 of Division 6 of Title 14 of the California Code of Regulations.

Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

ATTACHMENT B
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

INTRODUCED this ___ day of _____, 2023.

PASSED, APPROVED, AND ADOPTED this____ day of _____, 2023.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney

CC Regular Meeting

AGENDA ITEM REPORT
ITEM # 11.c.

Meeting: April 18, 2023
Title: Approving Covina Town Center Specific Plan (CTCSP) Amendment No. 4 and Making a Determination of Exemption Under California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(b)(3)
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2023-23 approving Covina Town Center Specific Plan (CTCSP) Amendment No. 4 by amending various chapters as follows: adding land use categories and establishing core downtown area prohibiting cannabis businesses in Chapter 3; clarifying residential ground floor height for Table 4-1 Building Form, and adding sign standards in Chapter 4; adding new definitions in Chapter 7; and making a determination of exemption under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), and that no further environmental review is required, Guidelines Section 15162.

EXECUTIVE SUMMARY:

The proposed Covina Town Center Specific Plan (Specific Plan) amendment No. 4 is to follow up on a City Council’s directive to amend the Specific Plan by defining the downtown core area prohibiting cannabis businesses. This directive resulted from the newly adopted Ordinance 23-01 establishing new regulations for the cannabis business.

Another reason for the Specific Plan amendment was to expand and add new land use categories, sign standards, a minor edit to Table 4-1 on Building Form, and new definitions. A goal of the Specific Plan is economic development by leveraging the downtown area to enhance existing businesses and attracting and growing new businesses.

On March 28, 2023, the Planning Commission conducted a public hearing and considered the proposed Specific Plan Amendment No. 4. There were no public comments for the proposed amendment. After receiving oral and written reports, the Planning Commission concluded the hearing and adopted Resolution No. 2023-004 PC by a unanimous vote (5-0-0), recommending to the City Council the approval of CEQA exemption and Specific Plan Amendment No.

4. DISCUSSION:

The following paragraphs list and summarize the proposed changes and minor edits to multiple pages of Chapters 3, 4, and 7, as illustrated in Exhibit A of the attached draft City Council Resolution:

1. Amend Chapter 3, Land Use and Zoning, as follows:
a. Modify Figure 3-1 Zoning Designation by adding the defined boundary prohibiting cannabis business in the downtown core area.
b. Modify Allowable Land Uses on Table 3-2 for page 3-22 through page 3-35:
 Add Entertainment and Performance Arts Theatre with ancillary uses in the Historic Core zone (page 3-24). The City is the property owner of the Covina Performing Arts Theatre.  Add indoor and outdoor recreation facilities as conditionally permitted use within the F.A.I.R., Historic Core, Civic Core, and Cultural Core zones (page 3-24).  Add pop-up food truck on private property, subject to conditional use permit for F.A.I.R., Historic Core, Civic Core, and Cultural Core zones (page 3-25).
 Add shared space retail/service (Food Halls) within the Cultural Core zone (page 3-26).

 Expand the boutique winery, brewery and distill alcohol with on-site tasting use, subject to a Conditional Use Permit in the Civic Core and Cultural Core zones (page 3-27).  Add cultural/civic facilities (non-government) and government facilities as permitted use to the Mixed-use, F.A.I.R., and Historic Core zones (page 3-27).  Expand utilities as permitted use within the Mixed-use, F.A.I.R., and Historic Core zones (page 3- 28).
 Add live/work unit use to TOD/HDR, Civic, and Cultural Core zones. Add multi-family use to the Civic Core zone (page 3-20).
 Add small and large family day care facilities to Residential Town Center East, Residential Town Center West, Neighborhood, TOD/HDR, Mixed-use, F.A.I.R., Historic Core, and Cultural Core zones (page 3-31). Small family day care is defined as up to 6 children. Large family day care is defined as 7 and 14 children.
 Add cannabis businesses to Mixed-use and F.A.I.R. zones, subject to a conditional use permit, the new Covina Municipal Code Chapter 5.28 cannabis business permit process, and Chapter 17.84 cannabis prohibitions and regulations (page 3-31).
 Expand the office (general) use to include maker spaces, co-working spaces, conference spaces, and network mixer spaces. Eliminate the restriction of not allowing ground floor office space in the F.A.I.R. zone (page 3-32).
 Under the Prohibition Uses of page 3-33, modify commercial cannabis activity by identifying the land use zones that allow cannabis businesses subject to CMC Chapter 5.80 and Chapter 17.62 and Chapter 17.84, and Figure 3-2 (page 3-33 and page 3-44).  Add Figure 3-2, a map showing the Core Downtown Area Prohibiting Cannabis Businesses (page 3-34).

2. Amend Chapter 4 Design Guidelines and Standards as follows:
a. Eliminate the required 10-foot minimum ground floor height for a residential project (page 4-29). b. Modify the sign standards on page 4-60, allowing "painted sign" or "wall sign display above the second story," if it is historically accurate for the historic structure or contributes to the significance of the historic area, subject to the Director's review and approval (page 4-60).

3. Amend Chapter 7 Glossary as follows:
a. Add indoor and outdoor recreation facility definitions (page 7-4). b. Modify office (general) definition to include maker spaces, co-working spaces, network mixer spaces, and conference spaces (page 7-12).

FISCAL IMPACT:

The staff does not expect any fiscal impacts related to the Covina Town Center Specific Plan Amendment No. 4.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Pursuant to the California Environmental Quality Act (CEQA), the City has analyzed the project, proposed Covina Town Center Specific Plan Amendment No. 4, and concluded that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), because the activity in question does not have a significant effect on the physical environment. Furthermore, the City has determined that the project does not involve substantial changes which will result in new significant environmental effects, or impacts of substantially greater severity, substantial changes have not occurred with respect to the circumstances under which the project is undertaken which will result in new significant environmental effects or substantially more severe impacts, and that the project does not involve new information of substantial importance, which shows that the project will have significant effects not discussed in the prior EIR (SCH – 2018081009) and SOC. All potential environmental impacts associated with the adoption of the 2019 Covina Town Center Specific Plan (CTCSP) are adequately addressed by the prior certified EIR (SCH – 2018081009) and SOC, and the mitigation measures contained in the prior certified EIR (SCH – 2018081009) will reduce those impacts to a level that is less than significant. The CTCSP EIR serves as the

previous CEQA document considered in this CEQA Analysis and is hereby incorporated by reference. Therefore, no further environmental review is required for the proposed project pursuant to CEQA Guidelines Section 15162.

Furthermore, on February 21, 2023, the City Council adopted the Final Initial Study/Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program for the adoption of an Ordinance regulating cannabis businesses.

Respectfully submitted,

RESOLUTION CC 2023-23

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

CALIFORNIA, APPROVING COVINA TOWN CENTER SPECIFIC PLAN
AMENDMENT (CTCSPA) NO. 4, AMENDING VARIOUS CHAPTERS AS
FOLLOWS: ADDING LAND USE CATEGORIES AND ESTABLISHING

CORE DOWNTOWN AREA PROHIBITING CANNABIS BUSINESSES IN
CHAPTER 3; CLARIFYING RESIDENTIAL GROUND FLOOR HEIGHT
FOR TABLE 4-1 BUILDING FORM, AND ADDING SIGN STANDARDS IN CHAPTER 4; ADDING NEW DEFINITIONS IN CHAPTER 7; AND

MAKING A DETERMINATION OF EXEMPTION PURSUANT TO

CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THAT NO

FURTHER ENVIRONMENTAL REVIEW IS REQUIRED
WHEREAS, on November 29, 2019, the City Council of the City of Covina adopted Resolution CC 19-112 and certified the Final Environmental Impact Report (Final EIR) for the Covina Town Center Specific Plan (CTCSP) Project as being in compliance with the California Environmental Quality Act (CEQA). The City Council further adopted Environmental Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program for the CTCSP Project. The City Council further determined that all of the findings were based upon the information and evidence set forth in the Final EIR and in the record of the proceedings. The City Council further determined that each of the overriding benefits stated in the Findings and the Statement of Overriding Considerations were justified despite any significant unavoidable impacts identified in the Final EIR; and
WHEREAS, on September 1, 2020 and September 20, 2022, the City Council approved CTCSP Amendments Nos. 1, 2 and 3, which provided clarification as to where uses could occur that may require their own specific CEQA assessment on a case by case basis, and provided further definitions clarifying the uses and activities already listed as permitted or permitted with the approval of a conditional use permit; and
WHEREAS, the long term strategies of the Covina Town Center Specific Plan are to promote transit-oriented development, increase opportunities of rail ridership, improve first/last mile opportunities, and revitalize and reinvigorate Covina’s town center; and WHEREAS, staff has found there is a need to modify chapter 3 and add new land use categories and expand the local market on experiences, goods and services not currently available in the specific plan area, and to further improve, add and clarify standards and guidelines regarding building height and signs within chapter 4, and add new definitions in Chapter 7; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has analyzed the project, proposed Covina Town Center Specific Plan Amendment No. 4, and concluded that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), because the activity in question does not have a significant effect on the physical environment. Furthermore, the City has determined that the project does not involve substantial changes which will result in new significant environmental effects, or impacts of substantially greater severity, substantial changes have not occurred with respect to the circumstances under which the project is undertaken which

Attachment A
Resolution CC 2023-23 Page 2 of 5
will result in new significant environmental effects or substantially more severe impacts, and that the project does not involve new information of substantial importance, which shows that the project will have significant effects not discussed in the prior EIR (SCH – 2018081009) and SOC.

All potential environmental impacts associated with the adoption of the 2019 Covina Town Center Specific Plan (CTCSP) are adequately addressed by the prior certified EIR (SCH – 2018081009) and SOC, and the mitigation measures contained in the prior certified EIR (SCH – 2018081009) will reduce those impacts to a level that is less than significant. The CTCSP EIR serves as the previous CEQA document considered in this CEQA Analysis and is hereby incorporated by reference. Therefore, no further environmental review is required for the proposed project pursuant to CEQA Guidelines Section 15162; and
WHEREAS, on March 28, 2023, the Planning Commission conducted a duly noticed public hearing and considered the proposed Covina Town Center Specific Plan Amendment No.

4. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on that date, and by a 5-0-0 vote, adopted Resolution No. 2023-004 PC recommending to the City Council the approval of the Covina Town Center Specific Plan Amendment No. 4 and a determination of CEQA exemption; and
WHEREAS, on April 18, 2023, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Covina Town Center Specific Plan Amendment No. 4, 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 Covina Town Center Specific Plan Amendment No. 4.

Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Covina Town Center Specific Plan Amendment No. 4, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Resolution have occurred.

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

SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.

SECTION 2. In considering this application relative to the California Environmental Quality Act ( CEQA) Guidelines, the City Council affirms the determination of the Planning Commission that the Covina Town Center Specific Plan Amendment No. 4 is not subject to the CEQA pursuant to CEQA Guidelines Sections 15061(b)(3). 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. Further, the City Council determined that the proposed Amendment No. 4 does not involve substantial changes which will result in new significant environmental effects, or impacts of substantially greater severity, substantial changes have not occurred with respect to the circumstances under which the project is undertaken which will result in new significant environmental effects or substantially more severe impacts, and that the project does not involve new information of substantial importance, which shows that the project will have significant effects not discussed in the prior EIR (SCH – 2018081009) and SOC.

All potential environmental impacts associated with the adoption of the 2019 Covina Town Center

Resolution CC 2023-23 Page 3 of 5
Specific Plan (CTCSP) are adequately addressed by the prior certified EIR (SCH – 2018081009) and SOC, and the mitigation measures contained in the prior certified EIR (SCH – 2018081009) will reduce those impacts to a level that is less than significant. The CTCSP EIR serves as the previous CEQA document consider in this CEQA analysis and is hereby incorporated by reference.

Therefore, no further environmental review is required for the proposed project pursuant to CEQA Guidelines Section 15162.

SECTION 3. The City Council has reviewed the proposed CTCSP Amendment No. 4, the Planning Commission hearing input and reports, and all evidence received by the Planning Commission and at the City Council hearings, and all documents and evidences are hereby incorporated by reference into this Resolution. After giving full consideration to all evidence presented at the public hearing, both oral and written, and after being fully informed, the City Council does hereby find and decide that the proposed CTCSP Amendment No. 4 is consistent with the public interest and with the City’s General Plan for the following reasons:
a. The proposed CTCSP Amendment No. 4 meet the long term strategies of the Specific Plan to promote transit-oriented development, increase opportunities of rail ridership, improve first/last mile opportunities, and revitalize and reinvigorate Covina’s town center;
b. The proposed CTCSP Amendment No. 4 is a unique opportunity to facilitate redevelopment that capitalizes on Covina’s downtown strengths, and focuses on access to the regional transportation network (Land Use Element III C.1.a.6); and

SECTION 4. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Covina Town Center Specific Plan (CTCSP) Amendment No. 4, as set forth below and in Exhibit “A” (Amendments) incorporated herein by this reference as though set forth in full.

1. Amend Chapter 3, Land Use and Zoning, as follows:
a. Modify Figure 3-1 Zoning Designation by adding the defined boundary prohibiting cannabis business in the downtown core area.
b. Modify Allowable Land Uses on Table 3-2 for page 3-22 through page 3-35 :
 Add Entertainment and Performance Arts Theatre with ancillary uses in the Historic Core zone (page 3-24). The City is the property owner of the Covina Performing Arts Theatre.
 Add indoor and outdoor recreation facilities as conditionally permitted use within the F.A.I.R., Historic Core, Civic Core, and Cultural Core zones (page 3-24).
 Add pop-up food truck on private property, subject to conditional use permit for F.A.I.R., Historic Core, Civic Core, and Cultural Core zones (page 3-25).  Add shared space retail/service (Food Halls) within the Cultural Core zone (page 3-26).
 Expand the boutique winery, brewery and distill alcohol with on-site tasting use, subject to a Conditional Use Permit in the Civic Core and Cultural Core zones (page 3-27).
 Add cultural/civic facilities (non-government) and government facilities as permitted use to the Mixed-use, F.A.I.R., and Historic Core zones (page 3-27).

Resolution CC 2023-23 Page 4 of 5
 Expand utilities as permitted use within the Mixed-use, F.A.I.R., and Historic Core zones (page 3-28).
 Add live/work unit use to TOD/HDR, Civic, and Cultural Core zones. Add multi-family use to the Civic Core zone (page 3-20).
 Add small and large family day care facilities to Residential Town Center East, Residential Town Center West, Neighborhood, TOD/HDR, Mixed-use, F.A.I.R., Historic Core, and Cultural Core zones (page 3-31). Small family day care is defined as up to 6 children. Large family day care is defined as 7 and 14 children.
 Add cannabis businesses to Mixed-use and F.A.I.R. zones, subject to a conditional use permit, the new Covina Municipal Code Chapter 5.28 cannabis business permit process, and Chapter 17.84 cannabis prohibitions and regulations (page 3-31).
 Expand the office (general) use to include maker spaces, co-working spaces, conference spaces, and network mixer spaces. Eliminate the restriction of not allowing ground floor office space in the F.A.I.R. zone (page 3-32).  Under the Prohibition Uses of page 3-33, modify commercial cannabis activity by identifying the land use zones that allow cannabis businesses subject to CMC Chapter 5.80 and Chapter 17.62 and Chapter 17.84, and Figure 3-2 (page 3-33 and page 3-44).
 Add Figure 3-2, a map showing the Core Downtown Area Prohibiting Cannabis Businesses (page 3-34).

2. Amend Chapter 4 Design Guidelines and Standards as follows:
a. Eliminate the required 10-foot minimum ground floor height for a residential project (page 4-29).
b. Modify the sign standards on page 4-60, allowing "painted sign" or "wall sign display above the second story," if it is historically accurate for the historic structure or contributes to the significance of the historic area, subject to the Director's review and approval (page 4-60).

3. Amend Chapter 7 Glossary as follows:
a. Add definitions for indoor recreation facilities and outdoor recreation facilities (page 7-4).
b. Modify office (general) definition to include maker spaces, co-working spaces, network mixer spaces, and conference spaces (page 7-12).

SECTION 5. The documents and materials that constitute the record of proceedings on which these findings and this Resolution are based are located at the City Clerk’s Office located at 125 E. College Street, Covina, CA 91723. The custodian of these records is the City Clerk.

SECTION 6. Effective Date. This Resolution shall be effective upon adoption.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Book of Original Resolutions.

SIGNED AND APPROVED this 18th day of April, 2023.

Resolution CC 2023-23 Page 5 of 5
City of Covina, California
BY:

WALT ALLEN, III, Mayor
ATTEST:

FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2023- 23 duly adopted by the City Council of the City of Covina at a regular meeting held on the 18th day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM #11.d.

Meeting: April 18, 2023
Title: Introducing Ordinance 23-02 and Making a Determination of Exemption from the California Environmental Quality Act
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Waive full reading and introduce for first reading Ordinance 23-02 entitled, “An Ordinance of the City Council of the City of Covina, California, to establish regulations to implement two-unit residential developments and urban lot splits in single family zones as required by Senate Bill 9 (2021-2022), by approving Zoning Code Amendment (ZCA) 23-01 to amend Title 17 (Zoning) by modifying definition section 17.04.143, single-family residential zones sections 17.08.020 (A-1), 17.10.020 (A-2), 17.12.020 (E-½), 17.14.020 (E-1), 17.20.020 (R-1-20,000), 17.22.020 (R-1-10,000), 17.24.020 (R-1-8,500) and

17.26.020 (R-1-7500) for permitted uses, and adding a new section 17.33.060 for permitted uses; and approving Municipal Code Amendment to amend Title 16 (Subdivision) by modifying Chapter 16.02, 16.04, 16.14, and adding new section 16.06, and making a determination of exemption from the California Environmental Quality Act.

EXECUTIVE SUMMARY:

SB 9 amended and added California Government Code Sections 66452.6, 65852.21, and 66411.7 to require ministerial approval of two residential units per lot and urban lot splits within single-family residential zones. SB 9 was part of a slate of bills intended to increase the housing supply in California and provide for more affordable housing development. Cities are allowed to adopt local ordinances that address the specific needs of their communities as long as the local ordinance complies with SB 9.

In response to SB 9 and on May 17, 2022, the City Council adopted Urgency Ordinance 22-07 and established interim zoning regulations for 45 days to regulate two-unit residential developments and urban lot splits, according to SB 9. Subsequently, on June 21, 2022, the City Council extended the Urgency Ordinance for ten months and 15 days, as California Government Code Section 65858(b) allowed. Because the Urgency Ordinance will expire on June 21, 2023, staff prepared zoning and subdivision code amendments to implement SB 9. On March 14, the Planning Commission conducted a public hearing and considered the proposed Zoning Code amendment (ZCA) 23-01 and Municipal Code amendment (Subdivision). There were no public comments on the proposed code amendments. After receiving oral and written reports, the Planning Commission concluded the hearing and adopted Resolution No. 2023-003 PC by a unanimous vote (5-0-0), recommending to the City Council the approval of CEQA exemption, Zoning Code amendment (ZCA) and Municipal Code amendment (Subdivision).

DISCUSSION:

Summary of SB 9
SB 9 provisions establish site criteria to qualify for the two-unit developments and urban lot splits. Another part of SB 9 provisions establishes procedural requirements where the two-unit developments and urban lot splits are to be approved ministerially (by right). The third part of SB 9 provisions includes development standards relating to setbacks, minimum lot size and unit size, easements, and parking. The following are summary of the SB 9 provisions.

A. Qualifying Criteria for both the Urban Lot Split and Two-unit development:

1. Apply to all single-family residential zone properties within an urbanized area.

2. Properties not in State or local historic district or a historic landmark.

3. Properties are not designated as prime farmland or farmland of statewide importance, wetlands, identified for conservation or under conservation easement, or habitat for protected species.

4. The following properties cannot qualify unless meeting specific requirements: within a very high fire hazard severity zone, a hazardous waste site, a delineated earthquake fault zone, and a 100-year floodplain or floodway.

5. Properties must not involve the following: deed-restricted affordable housing for low or moderate incomes; rent-controlled housing; housing on parcels with Ellis Act eviction in the last 15 years; housing occupancy by a tenant currently or in the last three years.

B. Procedural Requirements:

SB 9 requires a city to review and approve the two-unit developments and urban lot splits ministerially (by right). Staff anticipates that reviewing the two-unit developments and urban lot splits would be similar to the current ADU review, which involves submitting detailed drawings to the Planning Division to verify clearance from site prohibitions and review compliance with city-adopted local regulations.

C. Under State Law, the following standards apply:

1. Must not preclude two units of at least 800 square feet each.

2. Must follow local City's setbacks, height, lot coverage, and other development standards, except that the side and rear yards cannot exceed 4 feet.

3. City may require one parking per unit, but no parking space is required if the lot is within ½ mile of a "high-quality transit corridor" or "major transit stop," or within one block of a carshare vehicle.

4. Units created by SB 9 cannot be used for short-term rental.

5. City may only impose objective zoning, subdivision, and design standards if the City adopts such regulations.

6. Lot split requires ministerial approval for a parcel map per the Subdivision Map Act.

7. City may require easements to provide public services, facilities, and access to or adjoin public rightof-way.

8. City cannot require right-of-way dedication or off-site improvements.

9. Owner must sign an affidavit stating the intention to live in one of the units for a minimum of 3 years.

10. The project does not remove more than 25% of exterior walls on a building that currently has a tenant in the last three years.

11. CEQA does not apply.

Proposed Zoning Code (ZCA) 23-01 and Municipal Code Amendments The new State Law SB 9, effective January 1, 2022, necessitated amending the Zoning (Title 17) and Subdivision (Title 16) of the Covina Municipal Code. The new law includes specific provisions that cities must implement; however, the legislation gives the city minimal discretion in adopting its two-unit developments and urban lot splits ordinance. The proposed ordinance includes limited objective development and design standards that minimize impacts on existing residential neighborhoods while ensuring compliance with SB 9.

A. Zoning Code Amendment (Title 17):

1. Add two-unit developments and urban lot splits as a permitted use in all residential zones, specifically

17.08.020 (A-1), 17.10.020 (A-2), 17.12.020 (E-½), 17.14.020 (E-1), 17.20.020 (R-1-20,000),

17.22.020 (R-1-10,000), 17.24.020 (R-1-8,500) and 17.26.020 (R-1-7500).

2. Modify Chapter 17.04, the definition of "Chief Planning Official."

3. Add section 17.33.060 of two-unit developments and urban lot splits, including objective development and design standards, to Chapter 17.33. The following table identifies key proposed development standards and compares them to SB 9.

Criteria State Law SB 9 Proposed Code
Two-unit development and
urban lot splits
No. of units per parcel/lot Two Two
Minimum lot size 1,200 square feet 1,200 square feet
Minimum unit size Does not specify 800 square feet
Maximum At least 800 square feet Up to 1,000 square feet Building height Does not specify 16 feet
Setbacks Does not specify for front yard but
specifies 4 feet for rear and side
yards
25 feet for front yard per current
code, 4 feet for side and rear
yards
Building Separation Does not specify 6 feet per current code Parking City may require one parking per
unit, but no parking space is
required if the lot is within ½ mile
of a "high-quality transit corridor"
or "major transit stop," or within
one block of a carshare vehicle.

Same as SB 9
Lot coverage Does not specify 50% per current code, allow an increase to accommodate the
two units
Owner occupancy Owner occupancy of 3 years
required; no short-term rental
Same as SB 9
Nonconforming conditions Nonconforming setbacks may be
retained for existing structures
Same as SB 9
Accessory structures Does not specify Follow current code for setbacks
Access to public street Does not specify Required for each new lot; new lot must have 20 feet of
street frontage and 25 feet of
street frontage if the lot depth
exceeds 150 feet
Deed restriction Prohibit: short-term rental, nonresidential use, condominium airspace, more than two units per
lot, further lot split
Same as SB 9

4. In addition to complying with SB 9, the proposed ordinance included additional (customized) objective standards for clarity. The following highlights a few of the objective standards:
 No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. 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 dwelling units plus one ADU and one JADU is not permitted on a lot that

results from an urban lot split.
 Require a minimum of 200 square feet of private open space.  Require any fencing and walls to follow the current code.  Require new units to match the primary dwelling in exterior materials, colors, and dominant roof pitch.

B. Municipal Code Amendment (Subdivision Title 16):

1. Modify Chapter 16.02, section 16.02.050, adding administrative approval for urban lot split.

2. Modify Chapter 16.04, the definition of "BB. Tentative Map"

3. Add a new section to Chapter 16.06 to establish administrative procedures for reviewing and approving urban lot split.

Implementation – Forms and Checklists
To help the public determine eligibility for implementing two-unit developments and urban lot splits, staff prepared several forms and checklists, including Frequently Ask Questions (FAQ) handouts. The various handout are posted on City’s website:
https://covinaca.gov/pc/page/sb-9-two-unit-development
FISCAL IMPACT:

The staff does not expect any fiscal impacts related to the Zoning and Municipal Code amendments.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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.

Respectfully submitted,

ORDINANCE 23-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO ESTABLISH REGULATIONS TO IMPLEMENT TWOUNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS IN SINGLE FAMILY ZONES AS REQUIRED BY SENATE BILL 9 (2021- 2022), BY APPROVING ZONING CODE AMENDMENT (ZCA) 23-01 TO AMEND TITLE 17 (ZONING) BY MODIFYING DEFINITION SECTION

17.04.143, SINGLE FAMILY RESIDENTIAL ZONES SECTIONS 17.08.020 (A-1), 17.10.020 (A-2), 17.12.020 (E-½), 17.14.020 (E-1), 17.20.020 (R-1- 20,000), 17.22.020 (R-1-10,000), 17.24.020 (R-1-8,500) AND 17.26.020 (R-1- 7500) FOR PERMITTED USES, AND ADDING A NEW SECTION

17.33.060; AND APPROVING MUNICIPAL CODE AMENDMENT TO
AMEND TITLE 16 (SUBDIVISION), BY MODIFYING CHAPTERS 16.02,

16.04, 16.14, AND ADDING NEW SECTION FOR CHAPTER 16.06, AND

MAKING A DETERMINATION OF EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, in 2021, the California Legislature approved and the Governor signed into law Senate Bill 9 ("SB 9"), which among other things, added Sections 65852.21 and 66411.7 to the Government Code, enacting new limits on local authority to regulate urban lot splits and twounit 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, the City desires to amend its local regulatory scheme to comply with Government Code Sections 65852.21 and 66411.7 and to regulate projects governed by SB 9 appropriately; and
WHEREAS, Government Code Section 65854 requires the Planning Commission to hold a duly noticed public hearing on a proposed amendment to a zoning ordinance; and WHEREAS, Government Code Section 65855 requires the Planning Commission to provide a written recommendation to the City Council regarding an amendment to a zoning ordinance; and
WHEREAS, Covina Municipal Code Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an affirmative vote of not less than two-thirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of findings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and WHEREAS, on March 14, 2023, the Planning Commission conducted a duly noticed public hearing and considered the proposed Zoning Code Amendment (ZCA) 23-01 and Municipal Code Amendment for Title 16. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on that date, and by a 5-0-0 vote, adopted Resolution Attachment A

Ordinance 23-02 Page 2 of 19
No. 2023-003 PC recommending to the City Council the approval of the Zoning Code Amendment (ZCA) 23-01 and Municipal Code Amendment for Title 16; and WHEREAS, Government Code Section 65856 and Covina Municipal Code Section

17.80.080 require the City Council to hold a duly noticed public hearing regarding an amendment to a zoning ordinance; and
WHEREAS, on April 18, 2023, 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) 23- 01 and Municipal Code Amendment for Title 16, 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) 23-01 and Municipal Code Amendment for Title 16. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 23-01 and Municipal Code Amendment for Title 16, 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:

SECTION 1. Recitals. 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. CEQA. 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 Sctions 65852.21 and 66411.7 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 Government Code Sections 65852.21 and 66411.7. 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. Zoning Code Amendment Approval. The City Council does hereby approve Zoning Code Amendment (ZCA) 23-01 and amends Title 17 (Zoning) by modifying the definition of chief planning official, the permitted uses for single family residential zones and adding new

Ordinance 23-02 Page 3 of 19
development regulations pertaining to two-unit residential developments and urban lot splits as set forth in Sections 4 through 13.

SECTION 4. Section 17.04.143 (Chief planning official) of Chapter 17.04 (Definitions and Standards) of the Covina Municipal Code is hereby amended to read as follows:
“Chief planning official” means the director of community development or his designee, who is responsible for the administration and supervision of the planning division of the community development department for the city of Covina. References in this title to director, planning director, city planner or planning official shall be deemed to refer to the chief planning official.”
SECTION 5. Section 17.08.020 (Permitted Uses) of Chapter 17.08 (A-1 Agricultural and Residential Zone (Single-Family)) of the Covina Municipal Code is hereby amended to add a new subsection “K” to read as follows, with all other provisions of Section 17.08.020 remaining unchanged:
“K. Two-Unit Development and Urban Lot Splits. The provisions of CMC 17.33.060 and CMC 16.02 and CMC 16.06 shall apply.”
SECTION 6. Section 17.10.020 (Permitted Uses) of Chapter 17.10 (A-2 Agricultural and Residential Zone (Single-Family)) of the Covina Municipal Code is hereby amended to add a new subsection “C” to read as follows, with all other provisions of Section 17.10.020 remaining unchanged:
“C. Two-Unit Development and Urban Lot Splits. The provisions of CMC 17.33.060 and CMC 16.02 and CMC 16.06 shall apply.”
SECTION 7. Section 17.12.020 (Permitted Uses) of Chapter 17.12 (E-½ Estate Residential Zone (Single-Family Estate)) of the Covina Municipal Code is hereby amended to add a new subsection “J” to read as follows, with all other provisions of Section 17.12.020 remaining unchanged:
“J. Two-Unit Development and Urban Lot Splits. The provisions of CMC 17.33.060 and CMC 16.02 and CMC 16.06 shall apply.”
SECTION 8. Section 17.14.020 (Permitted Uses) of Chapter 17.14 (E-1 Estate Residential Zone (Single-Family Estate)) of the Covina Municipal Code is hereby amended to add a new subsection “H” to read as follows, with all other provisions of Section 17.14.020 remaining unchanged:
“H. Two-Unit Development and Urban Lot Splits. The provisions of CMC 17.33.060 and CMC 16.02 and CMC 16.06 shall apply.”
SECTION 9. Section 17.20.020 (Permitted Uses) of Chapter 17.20 (R-1-20,000 Residential Zone (Single-Family)) of the Covina Municipal Code is hereby amended to add a new subsection “H” to read as follows, with all other provisions of Section 17.20.020 remaining unchanged:

Ordinance 23-02 Page 4 of 19
“H. Two-Unit Development and Urban Lot Splits. The provisions of CMC 17.33.060 and CMC 16.02 and CMC 16.06 shall apply.”
SECTION 10. Section 17.22.020 (Permitted Uses) of Chapter 17.22 (R-1-10,000 Residential Zone (Single-Family)) of the Covina Municipal Code is hereby amended to add a new subsection “H” to read as follows, with all other provisions of Section 17.22.020 remaining unchanged:
“H. Two-Unit Development and Urban Lot Splits. The provisions of CMC 17.33.060 and CMC 16.02 and CMC 16.06 shall apply.”
SECTION 11. Section 17.24.020 (Permitted Uses) of Chapter 17.24 (R-1-8500 Residential Zone (Single-Family)) of the Covina Municipal Code is hereby amended to add a new subsection “H” to read as follows, with all other provisions of Section 17.24.020 remaining unchanged:
“H. Two-Unit Development and Urban Lot Splits. The provisions of CMC 17.33.060 and CMC

16.02 and CMC 16.06 shall apply.”
SECTION 12. Section 17.26.020 (Permitted Uses) of Chapter 17.26 (R-1-7500 Residential Zone (Single-Family)) of the Covina Municipal Code is hereby amended to add a new subsection “H” to read as follows, with all other provisions of Section 17.26.020 remaining unchanged:
“H. Two-Unit Development and Urban Lot Splits. The provisions of CMC 17.33.060 and CMC

16.02 and CMC 16.06 shall apply.”
SECTION 13. Section 17.33.060 (Two-Unit Developments and Urban Lot Splits) is hereby added to Chapter 17.33 (Special Housing Regulations) of the Covina Municipal Code to read as set forth below:
“17.33.060 Two-Unit Residential Developments and Urban Lot Splits in SingleFamily Residential Zones.

A. Purpose, Applicability, Definitions, Interpretation.

1. Purpose. The purpose is to comply with California Government Code Sections 65852.21 and 66411.7, and appropriately regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones.

2. Applicability. The standards and limitations outlined in CMC Section 17.33.060 shall apply to SB 9 two-unit residential developments and urban lot splits 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 CMC Section 17.33.060, and any other provisions of the CMC, the provisions of CMC Section 17.33.060 shall prevail. If SB 9 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.

Ordinance 23-02 Page 5 of 19

3. Definitions. The following terms shall have the following meanings:
a. ADU and JADU shall have the meanings ascribed to these terms in CMC chapter 17.69 (Accessory Dwelling Units).
b. “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.
c. “Single-family residential zone” includes the A-1, A-2, E-1, E-1/2, E-21/2, R1-20,000, R-1-10,000, R-1-8500, and R-1-7500 zoning districts. d. “SB 9” means Senate Bill No. 9, Statutes of 2021, Chapter 162, (2021). The bill amended Government Code Section 66452.6 and added Government Code Sections 65852.21 and 66411.7.

e. “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. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit. f. “Urban lot split” shall mean a parcel map subdivision permitted according to the regulations outlined in Government Code Section 66411 that creates no more than two parcels of approximately equal size.
g. “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).

4. Interpretation. The provisions of this section 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 section to the extent prohibited by any provision of state law.

B. Permit Application and Review Procedures.

1. 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.

2. Review. Consistent with state law, the chief planning official will consider and approve or disapprove a complete application for an SB 9 two-unit residential

Ordinance 23-02 Page 6 of 19
development, or an urban lot split ministerially, without discretionary review or public hearing.

3. Nonconforming Conditions.
a. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected. b. The correction of legal non-conforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.

4. 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.

5. 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.

6. 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 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.

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

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

2. 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.

Ordinance 23-02 Page 7 of 19

3. 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.

4. 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.

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

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

7. 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.

8. 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.

9. 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.

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

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

D. Number of Dwelling Units Permitted on a Lot.

1. 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 section.

2. 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:
a. one primary dwelling unit and one ADU (detached or attached); or b. one primary dwelling unit and one JADU; or
c. two dwelling units.

Ordinance 23-02 Page 8 of 19
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.

E. Separate Conveyance.

1. 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.

2. 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.

F. 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.

G. 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.

H. 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.

I. Development and Objective Design 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 development and design standards 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 standards applicable to the lot as outlined in this section 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.

1. Development Standards.

Unit Size
Minimum for each
dwelling
800 SF
(Square Feet)
A legally established primary dwelling less than
800 SF may expand to up to 1,000 SF
Maximum for each
dwelling
1,000 SF
(Square Feet)
A legally established primary dwelling more than
1,000 SF shall not be expanded

Ordinance 23-02 Page 9 of 19
Building Height
(maximum)
16 feet Height measured from the ground level to the
highest point of the roof
Building Separation 6 feet Between all detached structures: residential units, garages, accessory structures; and, comply with
building codes
Front Yard
Landscape Coverage
(Maximum)
50% Exclude the allowed standard driveway (12 feet
wide) in the front yard

2. Setbacks.
a. The following are minimum setbacks from the property lines for each new primary dwelling unit and new detached garage and accessory structures:

Minimum Setbacks (feet) Front Rear Interior
Side
Street
Side
Reverse
Corner side
New primary dwelling unit 25 4 4 12.5 15
New detached garage and
accessory structures
25 4 4 12.5 15
b. 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.
c. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances:
i. 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.
ii. A required minimum setback may be reduced pursuant to subsection if it would physically preclude the development or maintenance of two dwelling units on a lot, or physically preclude any new primary dwelling unit from being 800 square feet in floor area, but must comply with building codes. iii. 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.

3. 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

Ordinance 23-02 Page 10 of 19
open and unobstructed from the ground to the sky. The private open space may be located within the interior side or rear setback areas.

4. 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.

5. 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:
a. All perimeter walls shall comply with the requirements as contained in CMC Section 17.26.170 through 17.26.210 (Walls, Fences, and Hedges). b. 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.
c. Perimeter and privacy walls shall be decorative with stucco finish, slump stone or split-face block, or a combination of said materials. d. Perimeter walls within the 25 feet front yard setback area shall not exceed 3 feet in height from the finished surface.

6. Off-Street Parking.
a. Required Parking. Provide one off-street parking space for each new primary dwelling unit unless one of the following applies:
i. 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. ii. The lot is located within one block of a car-share vehicle location. b. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone. c. 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. d. All required parking spaces shall be 9 feet in width and 19 feet in depth, unobstructed.

Ordinance 23-02 Page 11 of 19

e. 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.

7. Unit Design Standards.
a. 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. b. 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. c. 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.

8. 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.

9. Water Heaters. Each new primary dwelling unit shall have a separate hot water facility. No exterior water heater enclosures shall be permitted.

10. 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.

11. Access and Circulation.
a. Provide adequate on-site vehicular access, circulation, back-up, and turnaround areas that comply with applicable city standards.

Ordinance 23-02 Page 12 of 19
b. The minimum street frontage for a flag lot 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.
c. Driveways shall maintain a minimum width of 20 feet unless a wider width is required for emergency access.
d. 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.

12. 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.

13. Utilities.
a. 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.
b. 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, in compliance with CMC Sections 17.33.060J, 17.33.060K and 17.33.060L.
c. 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.

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

15. 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.

16. 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.

Ordinance 23-02 Page 13 of 19

17. Exceptions to Objective Standards.
a. The chief planning official shall approve an exception to any of the standards specified in this section 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 section. The City prioritizes some objective development standards over others, as provided in the priority below. In applying the exceptions required by this section, 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. If a proposed project can be designed such that each lot can accommodate two (2) 800 square feet primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied. The City prioritizes the following standards in the following descending order of priority, with the first development standard listed having the highest priority:
i. Lot width
ii. Building height
iii. Front setback
iv. Maximum front setback coverage (50%)
v. Open space (200 square feet)
vi. Lot coverage (50%)
b. The following standards and requirements of this section will not be waived or modified:
i. Building Code requirements;
ii. Federal requirements; and
iii. Other standards imposed by state law, including but not limited to SB 9. c. 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 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.

Ordinance 23-02 Page 14 of 19
J. Additional Requirements for Urban Lot Splits

1. Approval. An application for a parcel map for an urban lot split is approved or denied ministerially, by the chief planning official, without discretionary review.

2. 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 section. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split.

3. 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 and contained in CMC Section 17.04.360.

4. Easements.
a. The owner must enter into an easement agreement with each utility/publicservice 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”).
b. Each easement must be shown on the tentative parcel map and the final parcel map.
c. 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.

5. Lot Access.
a. Each resulting lot must adjoin the public right-of-way. b. 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.

6. 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

Ordinance 23-02 Page 15 of 19
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.

7. 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.

K. Compliance with Emergency Access and Service Requirements.

Development of a lot pursuant to this section 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 twounit 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.

L. 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 chief planning official 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 chief planning official, and that does each of the following:

1. Rental Terms. Expressly requires that the rental of any dwelling unit on the property shall be for a term longer than 30 consecutive days.

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

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

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

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

6. States that the property was formed and developed according to the provisions of this SB 9 and this section and is therefore subject to the city regulations outlined in this section, including all applicable limits on dwelling size and development.

7. 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.

Ordinance 23-02 Page 16 of 19

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

9. 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 chief planning official.

M. 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.

N. Objective Standard Conditions.

The chief planning official is authorized to promulgate objective standard conditions implementing this section, which are consistent with 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 chief planning official and published on the City's internet website.

O. 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.” SECTION 14. Municipal Code Amendment Approval for Title 16 Subdivision. The City Council does hereby approve Municipal Code Amendment and amend Title 16 (Subdivision) Chapters 16.02, 16.04, 16.06 and 16.14 pertaining to Urban Lot Splits as set forth in Sections 15 to 19.

SECTION 15. Table: 1-1 of Section 16.02.050 (Review and approval authority of advisory agencies) of Chapter 16.02 (General Provisions) of the Covina Municipal Code is hereby amended to remove the “simple parcel map” row and read as follows:
“Table 1-1 – Review and Approval Authority
Type of Action Review Authority Approval Authority
Tentative maps: Planning commission City council

Ordinance 23-02 Page 17 of 19
a. Tentative parcel map (4 or less
lots/parcels; all others)
b. Tentative tract map (5 or more
lots/parcels; all others)
Vesting tentative maps Planning commission City Council Correction/amendment of maps City staff and other
responsible agencies
Chief planning official
or city engineer
Tentative map extensions City staff and other
responsible agencies
Planning commission
Final maps or parcel maps City staff and other
responsible agencies
City council
Urban lot split City staff and other
responsible agencies
Chief planning official
or city engineer
Certificate of compliance City staff and other
responsible agencies
City engineer
Reversion to acreage City staff and other
responsible agencies
Planning commission
Lot and parcel mergers City staff and other
responsible agencies
City engineer
Lot line adjustments City staff and other
responsible agencies
Chief planning official
or city engineer
SECTION 16. Section 16.04.020 (Special Definitions) of Chapter 16.04 (Definitions) of the Covina Municipal Code is hereby amended to revise subsection “BB” to read as follows, with all other provisions of Section 16.04.020 remaining unchanged:
“BB. “Tentative map” shall mean a map for a proposed subdivision prepared in accordance with the provisions of the Subdivision Map Act for the purpose of showing the design of the proposed subdivision and the existing conditions in and around it. A tentative map need not be based upon an accurate or detailed field survey.” SECTION 17. Section 16.06.010 (Subdivisions of four or less lots – Parcel map) of Chapter 16.06 (Map Requirements) of the Covina Municipal Code is hereby amended read as follows:
“16.06.010 Subdivisions of four or less lots – Parcel map.

Except where exempted by CMC 16.02.040, a tentative parcel map and parcel map shall be required for all divisions of land into four or less parcels or lots, or four or less condominium units or stock cooperative units, a community apartment project containing four or less parcels or lots or for the conversion of a dwelling to a stock cooperative containing four or less dwelling units.”
SECTION 18. Section 16.06.025 (Urban Lot Splits (SB 9)) is hereby added to Chapter

16.06 (Map Requirements) of the Covina Municipal Code to read as follows:
“16.06.025 Urban Lot Splits (SB 9).

Ordinance 23-02 Page 18 of 19
The provisions of this section apply to the processing of parcel maps for urban lot splits pursuant to California Government Code Section 66411.7 and CMC Section 17.33.060.

A. 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 chief planning official, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the requirements of CMC 17.33.060 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, and the applicant has signed an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. A final parcel map must be recorded with the county recorder.

B. A proposed urban lot split may only be denied if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

C. The chief planning official or 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.” SECTION 19. Section 16.14.070 (Administrative approval of certain simple parcel maps) of Chapter 16.14 (Final Maps and Parcel Maps) of the Covina Municipal Code is hereby removed, with all other provisions of Chapter 16.14 remaining unchanged.

SECTION 20. This Ordinance shall take effect 30 days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law..

SECTION 21. 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.

PASSED, APPROVED and ADOPTED this ___ day of ____, 20__.

City of Covina, California
BY:

WALTER ALLEN, II, Mayor

Ordinance 23-02 Page 19 of 19
ATTEST:
___________________________________
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:

_______________________________
CANDICE K. LEE, City Attorney

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 23-02 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_____________________________________
FABIAN VELEZ, Deputy City Clerk

Attachment B

Attachment C