Summary
File Name on Meter LxT_Data.228.s
File Name on PC
Serial Number 0004285
Model SoundTrack LxT®
Firmware Version 2.404
User
Location
Job Description
Note
Measurement
Description
Start 2022-01-11 11:46:33
Stop 2022-01-11 12:02:30
Duration 00:15:21.5
Run Time 00:14:59.3
Pause 00:00:22.2
Pre-Calibration 2022-01-11 10:48:10
Post-Calibration None
Calibration Deviation ---
Overall Settings
RMS Weight A Weighting
Peak Weight A Weighting
Detector Slow
Preamplifier PRMLxT2B
Microphone Correction Off
Integration Method Exponential
Overload 144.7 dB
A C Z
Under Range Peak 100.9 97.9 102.9 dB
Under Range Limit 39.2 38.8 45.6 dB
Noise Floor 30.1 29.7 36.5 dB
Results
LASeq 56.6
LASE 86.2
EAS 46.193 µPa²h
EAS8 1.479 mPa²h
EAS40 7.397 mPa²h
LASpeak (max) 2022-01-11 12:01:40 97.6 dB
LASmax 2022-01-11 12:01:46 79.0 dB
LASmin 2022-01-11 11:55:53 39.0 dB
SEA -99.9 dB
LAS > 85.0 dB (Exceedance Counts / Duration) 0 0.0 s
LAS > 115.0 dB (Exceedance Counts / Duration) 0 0.0 s
LASpeak > 135.0 dB (Exceedance Counts / Duration) 0 0.0 s LASpeak > 137.0 dB (Exceedance Counts / Duration) 0 0.0 s LASpeak > 140.0 dB (Exceedance Counts / Duration) 0 0.0 s LCSeq 65.0 dB
LASeq 56.6 dB
LCSeq - LASeq 8.4 dB
LAIeq 62.3 dB
LAeq 57.2 dB
LAIeq - LAeq 5.2 dB
dB Time Stamp dB Time Stamp dB Time Stamp
Leq 57.2
LS(max) 79.0 2022/01/11 12:01:46
LS(min) 39.0 2022/01/11 11:55:53
LPeak(max) 97.6 2022/01/11 12:01:40
Overload Count 0
Overload Duration 0.0 s
LxT_0004285-20220111 114633-LxT_Data.228.ldbin
A C Z
Appendix H
Trip Generation Analysis
Memorandum
CARLSBAD
FRESNO
IRVINE
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROCKLIN
SAN LUIS OBISPO
20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net
MEMORANDUM
DATE: July 30, 2021
TO: Bryan Miranda, Public Storage
FROM: Ken Wilhelm, LSA
SUBJECT: Public Storage Covina, California – Trip Generation Analysis LSA is pleased to present this trip generation memorandum for the construction of a 141,784- square-foot (sf) Public Storage facility located at 1330 East Cypress Street in Covina, Los Angeles County, California. The project will demolish an existing 55,321 sf manufacturing facility operated by TT Electronics. Figure 1 (attached) shows the project site plan.
The purpose of this analysis is to identify the project’s net trip generation and determine whether the project would require a Traffic Impact Analysis.
TRIP GENERATION
In order to estimate the number of vehicle trips generated by the existing site and the proposed project, the trip generation has been calculated from land-use-based trip rates referenced from the Institute of Transportation Engineers’ (ITE) Trip Generation Manual, 10th Edition (2017). Table A, below, summarizes the project trip generation using the ITE trip rates.
Currently, the site is occupied by 55,321 sf of manufacturing use operated by TT Electronics. TT Electronics is a global manufacturer of electronic components and provider of manufacturing services. Using trip rates for a Manufacturing use (ITE Land Use Code 140), the site generates 217 daily weekday trips, including 34 trips in the a.m. peak hour (27 inbound and 7 outbound) and 37 trips in the p.m. peak hour (12 inbound and 25 outbound).
The proposed project consists of the construction of a 141,784 sf self-storage facility. Using trip rates for a Mini-Warehouse use (ITE Land Use Code 151), the proposed project is forecast to generate 214 daily weekday trips, including 14 trips in the a.m. peak hour (9 inbound and 5 outbound) and 24 trips in the p.m. peak hour (11 inbound and 13 outbound).
After taking credit for the existing trip generation on site, the proposed project is anticipated to generate 3 fewer daily trips, including a reduction of 20 trips in the a.m. peak hour (18 fewer inbound and 2 fewer outbound) and a reduction of 13 trips in the p.m. peak hour (1 fewer inbound and 12 fewer outbound). The proposed project is less intense than the existing uses, and is expected to generate fewer trips than the existing use on site. As such, a Traffic Impact Analysis should not be required.
7/30/21 «P:\PUB2103\Doc\Trip Generation Memo.docx»
2 Table A: Project Trip Generation Summary
Land Use Size Unit ADT
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Trip Rates
Manufacturing TSF 3.93 0.48 0.14 0.62 0.21 0.46 0.67
Mini-Warehouse TSF 1.51 0.06 0.04 0.10 0.08 0.09 0.17
Existing Trip Generation
Manufacturing 55.321 TSF 217 27 7 34 12 25 37
Project Trip Generation
Self-Storage Facility 141.784 TSF 214 9 5 14 11 13 24
Net Trip Generation (Project - Existing) (3) (18) (2) (20) (1) (12) (13) 1 Trip rates referenced from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition (2017).
Land Use Code 140 - Manufacturing
Land Use Code 151 - Mini-Warehouse
ADT = average daily trips
TSF = thousand square feet
VEHICLE MILES TRAVELED
As a result of Senate Bill (SB) 743, the California Office of Administrative Law cleared the revised California Environmental Quality Act (CEQA) guidelines for use on December 28, 2018. Among the changes to the guidelines was the removal of vehicle delay and level of service (LOS) from consideration under CEQA. The intent of SB 743 and the revised CEQA guidelines is to promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. With the adopted guidelines, transportation impacts are to be evaluated based on a project’s effect on vehicle miles traveled (VMT).
The City of Covina (City) adopted Resolution CC 2020-56 (June 2020) regarding the VMT thresholds of significance for the purposes of analyzing transportation impacts under CEQA. These thresholds are consistent with the recommended screening criteria contained in the Governor’s Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA (December 2018). Consistent with the OPR Technical Advisory, the City recommends that a project generating 110 average daily trips (ADT) or less be screened out of a VMT analysis due to the presumption of a less than significant impact.
After taking credit for the existing use, the proposed project would result in 3 fewer daily trips to and from the site, which is below the OPR Technical Advisory threshold of 110 trips per day.
Therefore, based on this analysis, the project is not anticipated to have a significant transportation impact.
CONCLUSION
Based on the results of this trip generation analysis, the proposed project is expected to generate fewer daily, a.m., and p.m. peak hour trips than the existing use on site. Therefore, a Traffic Impact Analysis should not be required. In addition, the proposed project is anticipated to have a less than significant transportation impact with respect to VMT.
If you have any questions, please contact me at (949) 553-0666.
Attachment: Figure 1: Site Plan
SOURCE KSP Studio:
FEET
0 33 66
N
FIGURE 1
Site Plan
I:\PUB2103\G\Site Plan.cdr (7/28/2021)
Covina Public Storage
EXHIBIT “B”
MITIGATION MONITORING AND REPORTING PROGRAM
The State CEQA Guidelines, Section 15074(d), requires that a lead or responsible agency adopt a mitigation monitoring plan when approving or carrying out a project when an IS/MND identifies changes that the lead agency has required in the project or made a condition of approval to mitigate or avoid significant environmental effects. As lead agency for the project, the City is responsible for adoption and implementation of the mitigation monitoring and reporting program (MMRP).
The MMRP is presented in Table 4-1 below and will be in place and effective throughout all phases of the project. The City will be responsible for administering the MMRP and ensuring that all parties comply with its provisions. The City may delegate monitoring activities to staff, consultants, or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with required measures, note any problems that may result, and take appropriate action to rectify problems.
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1 ORDINANCE 22-20
AN ORDINANCE OF THE CITY OF COVINA APPROVING AND
ADOPTING A DEVELOPMENT AGREEMENT BETWEEN PS
SOUTHERN CALIFORNIA ONE, INC. (PUBLIC STORAGE) AND THE
CITY OF COVINA, RELATED TO A PROPOSED DEVELOPMENT
CONSISTING OF A 141,984 SQUARE-FOOT 3-STORY PUBLIC SELFSTORAGE FACILITY WITHIN A 2.70-ACRE SITE FOR THE PROPERTY LOCATED AT 1330 E. CYPRESS STREET – APN - 8427-001- 006
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the Development Agreement Statute) which authorizes cities to enter into agreements for the development of real property in order to establish certain development rights in such property; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements; and
WHEREAS, PS Southern California One Inc. c/o Bryan Miranda, is the owner of the property located 1330 E. Cypress Street. The property owner proposes to develop a 141,984 square-foot 3-story public self-storage building within a 2.70-acre site, and other associated site improvements, within the M1 (Light Manufacturing) Zone, located at 1330 E. Cypress Street – APN - 8427-001-006.
WHEREAS, a copy of the proposed Development Agreement is attached hereto and incorporated herein as Exhibit “A” to this Ordinance; and
WHEREAS, as part of its consideration of the Project, the City prepared Draft Mitigated Negative Declaration (“MND”) (SCH2022070107) on the Project pursuant to the California Environmental Quality Action (Public Resources Code Sections 21000 et seq., “CEQA”), the Guideline for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000 et seq., the “State MND Guidelines”); and
WHEREAS, pursuant to the Development Agreement Statute, the Planning Commission held a duly noticed public hearing on November 8, 2022, on the proposed Project and has found that the proposed Development Agreement is consistent with objectives of the General Plan, compatible with the uses authorized for the project area, in conformity with public convenience and beneficial to the public welfare, and will not adversely impact the orderly development of property; and WHEREAS, the City Council, after published notice, held a public hearing on December 6, 2022 concerning the proposed Project, and has considered the reports and documents presented by City staff, the Planning Commission’s recommendation, and the written and oral comments presented at the public hearing.
WHEREAS, on December 6, 2022, the City Council of the City of Covina held a noticed public hearing to review the Project pursuant to the California Environmental Quality Act, Cal. Pub. Res. Code §
2 12923/0008/2689735-2
21000 et seq. (" CEQA"), and the State CEQA Guidelines, 14 C. C.R. 15000 et seq. and considered the reports and documents presented by City staff, the Planning Commission' s recommendation, and the written and oral comments presented at the public hearing.
WHEREAS, upon the close of the public hearing, the City Council adopted Resolution CC 2022- 133, adopting the Final MND (SCH2022070107), adopting a Mitigation Monitoring and Reporting Program for the Project. Resolution CC 2022-134 and the findings therein are hereby incorporated by this reference as though set forth in full.
WHEREAS, on December 6, 2022, the City Council of the City of Covina considered the proposed Project including Conditional Use Permit (CUP) 21-29 and Site Plan Review (SPR) 21-160 and Final IS/MND, and Mitigation Monitoring and Reporting Program at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter.
The City Council considered all the testimony and any comments received regarding the proposed Project, the Final MND, and the Mitigation Monitoring and Reporting Program, prior to and at the public hearing.
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA DOES ORDAIN AS FOLLOWS:
SECTION 1. Based on the full record of these proceedings, the City Council hereby finds the Development Agreement:
1. Is consistent with the General Plan and the City Council finds that the proposed project as conditioned, complies with all applicable provisions of the General Plan;
2. Is in conformity with public conveniences and good land use practices as the project approvals, mitigation monitoring program and development agreement will guarantee adequate infrastructure for the development and land uses that are compatible with their surroundings;
3. Will not be detrimental to the health, safety and general welfare as the project approvals, mitigation monitoring program and development agreement will guarantee adequate infrastructure, safety measures and public services such as police, fire, utilities, and sanitation;
4. Will not adversely affect the orderly development of property or the preservation of property values because the proposed development is conditioned to be consistent with the General Plan and compatible with surrounding land uses; and
5. Is consistent with the provisions of Government Code Sections 65864 through 65869. 5.
SECTION 2. Based upon the aforementioned findings, the City Council hereby approves the Development Agreement between PS Southern California One Inc. c/o Bryan Miranda and the City of Covina attached hereto as Exhibit" A" and incorporated herein by reference.
SECTION 3. CEQA. The environmental effects of the proposed Development Agreement were analyzed in the Final MND. The City Council reviewed the Final MND and found that it reflects the independent judgment of the City Council and its staff, and is an adequate and extensive assessment of the environmental impacts of the Development Agreement. The City Council approved the Final MND as having been prepared in compliance with the requirements of the California Environmental Quality Act (" CEQA"), made the necessary findings, and adopted a Mitigation Monitoring and Reporting Program through CC Resolution No. ______. Said Resolution is incorporated herein by this reference as though set forth in full. The City Council incorporates by this reference the findings and mitigation measures contained in the Final MND,and Mitigation Monitoring and Reporting Program as to the environmental effects of the
3 12923/0008/2689735-2
Development Agreement. Those actions apply equally to this approval and are incorporated herein by this reference. The Director of Community Development shall file a Notice of Determination with the County Clerk under Title 14, California Code of Regulations Section 15075.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.
The Mayor is authorized to execute the Development Agreement on behalf of the City once this Ordinance is effective. The executed development agreement shall be recorded against the title to the property.
SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings and this Ordinance 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. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Covina hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the City Clerk shall cause to be published once the Ordinance, or a summary of thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Covina.
SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall enter the same in the Book of Original Ordinances.
PASSED, APPROVED, and ADOPTED this 6
th day of December, 2022.
____________________________________
PATRICIA CORTEZ, MAYOR
ATTEST:
FABIAN VELEZ, DEPUTY CITY CLERK
APPROVED AS TO FORM:
4 12923/0008/2689735-2
____________________________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance No. ________ was introduced for first reading at a special meeting on the 6 th day of December, 2022. Thereafter, said
Ordinance was duly approved and adopted at a regular meeting of said City Council on the ____ day of ___________, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ
DEPUTY CITY CLERK
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EXHIBIT “A”
DEVELOPMENT AGREEMENT
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PLEASE RECORD AND WHEN RECORDED
RETURN TO:
City Clerk
City of Covina
125 East College Street
Covina, California 91723
______________________________________________________________________________ Space above this line for Recorder’s use only
No recording fee under Government Code Section 27383
DEVELOPMENT AGREEMENT
This Development Agreement (hereinafter “Agreement”) is made and entered into on _________________, 2022, by and between the CITY OF COVINA (hereinafter “CITY”), a municipal corporation, and PS SOUTHERN CALIFORNIA ONE, INC., a Delaware corporation (hereinafter “OWNER”).
RECITALS
A. OWNER has an equitable interest in all of the real property (“Property”) described on Exhibit “A” and depicted on Exhibit “B.” CITY adopted and approved the Initial Development Approvals (as that term is defined below) for the Property generally located at 1330 East Cypress Avenue (Assessor’s Parcel Number 8427-001-006) allowing for development of the Property with a private mini storage facility (the “Project”). To facilitate the Project, it is anticipated that OWNER will work collaboratively with CITY as set forth herein.
B. Government Code Section 65864 et seq. (“Development Agreement Law”) authorizes CITY to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and reducing the economic costs of such development. OWNER has therefore asked, and CITY has agreed, that a Development Agreement should be approved and adopted for this Property in order to memorialize and secure the respective expectations of CITY and OWNER.
C. The City Council of the CITY (hereinafter “City Council”) has found that this Agreement is in the best public interest of CITY and its residents, that approving this Agreement constitutes a present exercise of CITY’s police power, and that the Project is consistent with the applicable goals and policies of CITY’s General Plan, and imposes appropriate standards and requirements with respect to the Development (as that term is defined below) of the Property in order to maintain the overall quality of life and of the environment within CITY. Prior to its approval of this Agreement, CITY considered the environmental impacts of the Project and completed its environmental review of the Project through the adoption of a Mitigated Negative
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Declaration (as that term is defined below) and adoption of a Mitigation Monitoring and Reporting Program (“MMRP”).
D. On November 8, 2022, the Planning Commission of CITY held a duly-noticed public hearing on OWNER’s application for approval of this Agreement (as well as the other Initial Development Approvals), made certain findings and determinations with respect thereto, and recommended to the City Council that this Agreement (and the other Initial Development Approvals) be approved. On December 6, 2022, the City Council also held a duly-noticed public hearing on OWNER’S application for approval of this Agreement (as well as the other Initial Development Approvals), considered the recommendations of the Planning Commission, and found that this Agreement (and the other Initial Development Approvals) are consistent with and helps to implement CITY’s General Plan. On December 20, 2022, the City Council adopted Ordinance No. ___, enacting this Agreement (“DA Ordinance”). This Agreement shall become effective thirty (30) days after the adoption of Ordinance No. ___ (“Effective Date”).
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, or all letters capitalized, when used in the Agreement. Any terms not defined in this Section 1 below shall have the meaning assigned to them in this Agreement unless otherwise expressly indicated. The defined terms include the following:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CEQA” means the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) and the related CEQA Guidelines (14 Cal. Regs. § 15000 et seq.), as it now exists or may hereafter be amended.
1.1.3 “CITY” means the City of Covina, a California municipal corporation.
1.1.4 “City Council” means the City Council of the CITY.
1.1.5 “Conditions of Approval” mean those conditions of approval, if any, which are not set forth in this Agreement and which are otherwise imposed by the CITY in connection with CITY’s approval of the Development Approvals.
1.1.6 “Default” means a failure or unreasonable delay by CITY or OWNER to perform any material provision herein.
1.1.7 “Development” or “Develop” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the
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Project including, but not limited to: grading; the construction of infrastructure, improvements and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping, on-site parking/loading and related improvements. “Development” and “Develop” also includes, without limitation, the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement, landscaping or facility on the Property after the construction and completion thereof.
1.1.8 “Development Approvals” means collectively, the Initial Development Approvals and the Subsequent Development Approvals.
1.1.9 “Development Plan” means the plan for Development of the Property with the Project, including, without limitation, the planning and zoning standards, regulations, and criteria for the Development of the Property, contained in and consistent with Exhibit “C.”
1.1.10 “Development Impact Fees” means any requirement of CITY or other governmental or quasi-governmental agency in connection with a Development Approval for the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development of the Project on the environment, facilities, services, improvements and/or infrastructure; or other public interests.
1.1.11 “Development Requirement” means any requirement of CITY in connection with or pursuant to any Development Approval for the dedication of land, the construction or improvement of public facilities, the payment of Development Impact Fees or assessments in order to lessen, offset, mitigate or compensate for the impacts of Development on the environment, or the advancement of the public interest.
1.1.12 “Discretionary Action(s)” or “Discretionary Approval(s)” means an Initial or Subsequent Development Approval that requires the exercise of judgment, deliberation or discretion on the part of CITY, including any board, agency, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from a Ministerial Permit or Ministerial Approval (as hereafter defined).
1.1.13 “Effective Date” means the date the Ordinance adopting this Agreement takes effect.
1.1.14 “Initial Development Approvals” means all permits, entitlements, approvals, licenses, consents, rights and privileges, and other actions (both ministerial and discretionary) in connection with Development of the Property with the Project that are considered, issued or approved by CITY on or before the Effective Date of this Agreement, including but not limited to:
(a) Site Plan Review /Development Review (SPR) 21-160;
(b) Conditional Use Permit (CUP) 21-29;
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(c) Mitigated Negative Declaration (with Mitigation Monitoring Plan); (d) this Agreement (DA) 22-001; and
(e) Conditions of Approval for Conditional Use Permit (CUP) 21-029, Site Plan Review (SPR) 21-160, and Development Agreement (DA) 22-001.
1.1.15 “Land Use Regulations” means all ordinances, resolutions, laws, general or specific plans, codes, rules, regulations and official policies of CITY adopted and effective on or before the Effective Date of this Agreement governing Development and use of land, including, without limitation, the permitted uses of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, environmental review; and the design, improvement and construction standards and specifications, all as applicable to the Development of the Property with the Project. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and/or
(e) the exercise of the power of eminent domain.
1.1.16 “OWNER” means PS SOUTHERN CALIFORNIA ONE, INC., a Delaware corporation and, where specified in this Agreement, its successors in interest and/or assigns to all or any part of the Property.
1.1.17 “Ministerial Permit(s),” or “Ministerial Approval(s)” means a permit or approval, including, but not limited to, building permits, grading permits, and certificates of occupancy, which require CITY, including any board, agency, commission or department or any officer or employee thereof, to determine whether there has been compliance with applicable rules, statutes, ordinances, conditions of approval, and/or regulations, as distinguished from an activity which is included in the definition of Discretionary Action or Discretionary Approval.
1.1.18 “Mitigated Negative Declaration” or “MND” for the Project which was prepared, circulated and certified in accordance with applicable laws and regulations, including, without limitation, CEQA. “Mitigation Measures” shall mean the mitigation measures imposed upon the Project pursuant to the Mitigated Negative Declaration and the Conditions of Approval as reflected in the adopted MMRP.
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1.1.19 “Processing Fees” means all application, inspection and other regulatory processing fees and charges required by CITY that are adopted for the purpose of defraying CITY’s actual costs incurred or to be incurred in the processing and administration of any form of regulatory permit, license, land use entitlement or other approval, which are applied uniformly to all development related activity within CITY, including fees for land use applications. Processing Fees are distinguished from Development Impact Fees (as defined above). As set forth more fully below, Processing Fees are not vested under this Agreement.
1.1.20 “Project” means the Development of the Property consistent with the Development Plan and other Initial Development Approvals.
1.1.21 “Property” means the real property described in Exhibit “A” and shown on Exhibit “B” to this Agreement.
1.1.22 “Reservation of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.
1.1.23 “Subsequent Development Approvals” means all permits, entitlements, approvals, licenses, consents, rights and privileges, and other actions (both ministerial and discretionary) considered, issued or approved by CITY subsequent to the Effective Date in connection with Development of the Property.
1.1.24 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.
1.1.25 “Term” shall mean the period of time from the Effective Date until the termination of this Agreement as provided in Subsection 8.1, or earlier termination as provided in Section 6.
1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
Exhibit “A” Legal Description of the Property.
Exhibit “B” Map showing Property and its location.
Exhibit “C” Development Plan for the Development of the Property.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. From and following the Effective Date, Development of the Property with the Project and CITY actions on applications for Subsequent Development Approvals respecting the Property shall be subject to the terms and provisions of this Agreement.
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2.2 Interest in Property. OWNER represents and covenants that it has an equitable interest in the Property.
2.3 Assignment.
2.3.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq.), and in so doing assign its rights and obligations under this Agreement as the same may relate solely to the portion of the Property being sold, transferred, or assigned to any person, partnership, joint venture, firm or corporation at any time during the Term of this Agreement.
2.3.2 Release of Transferring OWNER. Upon the sale, transfer or assignment of all or a portion of the Property, the transferring OWNER shall be released of all obligations under this Agreement that relate solely to the portion of the Property being sold, transferred, or assigned; provided that the obligations under this Agreement that relate to the portion of the Property being sold, transferred, or assigned are expressly assumed by and made enforceable against the transferee, pursuant to a written agreement executed by the transferee and provided to CITY not less than fourteen (14) days prior to the effective date of the transfer, and also recorded against the title of the transferred portion of the Property concurrently with the transfer. Notwithstanding the foregoing sentences of this Section 2.3.2, the transferring OWNER shall remain responsible for all obligations set forth in the Development Plan that do not relate solely to the portion of the Property being sold, transferred, or assigned.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop; Development Plan Adjustments. Subject to the terms of this Agreement, OWNER shall have a vested right to Develop the Property in accordance with, and to the extent of, the Development Plan and the other Initial Development Approvals. Development of the Property, as provided for under the Development Plan and other Initial Development Approvals is hereby vested specifically with the Property, and OWNER retains the right to apportion development rights between itself and any subsequent OWNER, upon the sale, transfer, or assignment of any portion of the Property, so long as such apportionment is consistent with the Development Plan, the other Initial Development Approvals and the Land Use Regulations and any such transfer complies with Section 2.3.2. Notwithstanding anything to the contrary in this Section 3.1, in the event of a conflict between any provision of this Agreement and the other Initial Development Approvals, this Agreement shall prevail.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to Development of the Property, shall be those contained in the Development Plan, the other Initial Development Approvals, the Subsequent Development Approval(s) only after and to
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the extent approved by CITY, and the Land Use Regulations not inconsistent therewith and as otherwise provided for herein.
3.3 Subsequent Development Approvals. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters as established by the Land Use Regulations, for all or a portion of the Property at OWNER's option. CITY further agrees that, unless otherwise requested by OWNER or as expressly authorized by this Agreement, it shall not amend or rescind any Subsequent Development Approval(s) respecting the Property after such approvals have been granted by CITY. Pursuant to Section 66452.6(a) of the Government Code, the life of all Initial Development Approvals and any and all Subsequent Development Approvals approved by CITY with respect to the Property, including, without limitation, tentative or vesting tentative subdivision map(s) approved for the Property, or any portion thereof, shall also be extended for a period equal to the Term of this Agreement and any extensions thereto.
3.4 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when, or at what rate the Property will be developed with the Project. Such decisions depend upon numerous factors which are or may not be within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors.
Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to Develop the Property with the Project in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment.
3.5 Changes and Amendments. The parties acknowledge that Development of the Property with the Project may require Subsequent Development Approvals, and that in connection therewith OWNER may determine that changes are appropriate and desirable in the Initial Development Approvals, including, without limitation, the Development Plan. In accordance with Section 3.1 above, in the event OWNER finds that such a change is appropriate or desirable, OWNER may apply in writing for an amendment to any Initial Development Approval(s), including, without limitation, the Development Plan to effectuate such change, and CITY shall process such application notwithstanding anything in this Agreement that may be to the contrary.
CITY shall have no obligation to grant any such application by OWNER that modifies the permitted or conditionally permitted uses or the overall intensity or density of Development of the Property, or otherwise is a substantial modification of the Development Plan having significant adverse environmental impacts that have not been evaluated and mitigated to the extent feasible.
CITY’s approval of any Subsequent Development Approval (including, without limitation, any change in the Initial Development Approvals (including the Development Plan)) shall not require an amendment to this Agreement except in the event and to the extent that OWNER expressly seeks and CITY approves such amendment in connection therewith. Upon CITY’s approval of any Subsequent Development Approval, it shall become a part of the Development Approvals governing Development of the Property and shall be conclusively deemed to be consistent with
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this Agreement, without any further need for any amendment to this Agreement or any of its Exhibits.
3.6 Reservation of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development of the Property:
(a) Processing Fees imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Subsequent Development Approvals granted or issued. The Project shall be subject to any increase in Processing Fees imposed by CITY, provided that such a change is applied on a CITY-wide basis. (b) Procedural regulations not inconsistent with this Agreement, relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Changes adopted by the International Conference of Building Officials as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Solar Energy Code, Uniform Swimming Pool, Spa and Hot Tub Code, Uniform Housing Code, Uniform Administrative Code, National Electrical Code, and any other Uniform Code, and also adopted by CITY as Subsequent Land Use Regulations. Notwithstanding any provision of this Agreement to the contrary, construction in connection with the Project shall be subject to changes occurring from time to time in the provisions of the CITY’s building standards codes, including the CITY’s building, mechanical, plumbing and electrical regulations that are based on the recommendations of multi-state professional organization(s) and become applicable throughout the CITY, including the California Building Code and other similar or related uniform codes.
(d) Regulations which may be in conflict with the Initial Development Approval(s) but which are identified after the Effective Date as necessary to protect the public health, safety, and welfare. To the extent possible, any such regulations shall be applied and construed consistent with Section 3.6.3 below so as to provide OWNER with the rights and assurances provided under this Agreement. (e) Regulations which are not in conflict with the Initial Development Approvals, including, without limitation, the Development Plan and this Agreement. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of Development of the Property, reducing the intensity or density of the Project, or attempting to assess any additional Development Impact Fees or taxes on Development of the Property, or imposing additional and/or more stringent architectural or landscaping requirements or reviews, shall be deemed to conflict
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with the Initial Development Approvals, and shall therefore not be applicable to Development of the Property with the Project.
(f) Regulations which are in conflict with the Initial Development Approvals provided OWNER has given written consent to the application of such regulations to Development of Property.
(g) Modifications in Federal or State laws and regulations which CITY is required to enforce as against the Project or the Development of the Property.
Changes in, or additions to, the Land Use Regulations shall apply to the Project if such changes or additions are specifically mandated to be applied to developments such as the Project by applicable California or federal laws or regulations that go into effect on or after the Effective Date, which prevent or preclude compliance with one or more of the provisions of this Agreement. If CITY or OWNER believes that such a change or addition required by California or federal law or regulation exists, then that party shall provide the other party hereto with a copy of such California or federal law or regulation and a statement of the nature of its conflict with the provisions of the Land Use Regulations and/or of this Agreement. In the event that any such change or addition shall be required by California or federal law or regulation, then the provision(s) of this Agreement that require said change(s) shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations and CITY shall reasonably cooperate with OWNER in minimizing the impact of such change upon the Project and the Property. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.
3.6.2 Future Discretion of CITY. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Initial Development Approvals, including, without limitation, the Development Plan or this Agreement as set forth in Section
3.6.1, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval subject to Section 3.6.1.
3.6.3 Intent. CITY acknowledges that OWNER has reasonably entered into this Agreement and intends to proceed with the Project on the assumption that CITY has adequately provided for the public health, safety and welfare through the Land Use Regulations and the Initial Development Approvals. In the event that any future, unforeseen public health or safety emergency arises, CITY agrees that it shall attempt to address such emergency in such a way as not to adversely impact Development of the Property in accordance with the Initial Development Approvals, and if that is not possible, to select that option for addressing the emergency which has the least adverse impact on Development of the Property in accordance with the Initial Development Approvals. CITY specifically also agrees that it will not adopt any development moratorium applicable to the Property or the Project except as a last resort response to such an emergency, and then shall maintain any such moratorium with respect to the
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Property and the Project only for so long as required for CITY to address the emergency in such a way as to permit the Project to be completed according to OWNER's timetable.
3.6.4 Taxes, Assessments and Fees. This Agreement shall not prevent CITY from enacting, levying or imposing any new or increased tax, assessment or Processing Fees that are levied or imposed on a CITY-wide basis and adopted in accordance with applicable laws and regulations; provided, however, that CITY acknowledges and agrees that it shall not impose any new or increased Development Impact Fees the Development of the Project that are adopted by CITY after the Effective Date. The parties further anticipate that CITY will impose a condition on the Project relating to its annexation into CITY’s existing Landscape and Lighting District. If and to the extent this condition is so imposed, the parties shall work diligently and in good faith to promptly process and bring to the City Council for consideration said annexation request upon OWNER’s application for same, such that said annexation is complete prior to issuance of Certificate of Occupancy for the production of units for the Project.
3.7 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by CITY may possess authority to regulate aspects of the Development of the Property, and this Agreement does not limit the authority of such other public agencies. At such time as OWNER seeks such Subsequent Development Approvals from nonCITY agencies, CITY agrees to reasonably cooperate and coordinate with OWNER in such efforts for the purpose of implementing the Project, upon OWNER’s request and subject to OWNER paying any and all costs incurred by CITY in connection therewith.
3.8 Reserved.
3.9 OWNER's Right to Construct Facilities. It is understood and agreed that, subject to CITY review and approval of plans and specifications, OWNER may elect, and reserves the right, to construct, or cause the construction of, any public or quasi-public facility for which CITY intends to collect a fee, and to dedicate the completed facility to CITY, in lieu of payment of the fee (as well as reimbursement from fees paid to CITY by other benefitted third party property owners (if any), if said fee credit would not be sufficient to reimburse OWNER for costs beyond its proportionate fair share of said facility); provided, however, that any such reimbursement would only come from Development Impact Fees received by CITY from other third party property owners benefitted by OWNER’s construction of said facilities in connection with other development projects and CITY shall have no obligation to directly reimburse OWNER for construction of public facilities from CITY’s general funds.
3.10 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, CITY shall first have acquired the necessary real property interests to allow OWNER to construct such public improvements; otherwise, OWNER shall have no obligation to so construct pursuant to Government Code Section 66462.5. Costs associated with such acquisition or condemnation proceedings, if any, shall be OWNER's responsibility, and may be included in an assessment district (if any) on a fair share basis.
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3.11 Issuance of Ministerial Permits. Upon written request of OWNER, CITY shall endeavor to expedite the processing of all applications for Ministerial Permits, including but not limited to building, grading, and other permits necessary to complete construction and occupancy of horizontal and/or vertical improvements on the Property, as set forth in the Initial Development Approvals (including, without limitation, the Development Plan), provided OWNER’s applications for such permits comply with all Land Use Regulations applying to the subject matter of the applicable permit and with the other Initial Development Approvals (including any and all Conditions of Approval attached thereto) or any Subsequent Development Approval(s) if and to the extent approved by CITY.
4. PERIODIC REVIEW.
CITY shall review OWNER’s performance every twelve (12) months at the anniversary of the adoption of the Agreement, and this periodic review shall be conducted in accordance with the Development Agreement Law (“Periodic Review”). In connection with this Periodic Review, OWNER shall demonstrate good faith compliance with the terms of this Agreement. If, as a result of the review, CITY finds and determines, based upon substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Agreement, CITY may serve on OWNER a notice to cure setting forth in detail the nature of OWNER’s non-compliance with this Agreement. If OWNER fails to cure the non-compliance within sixty (60) days of the date of the notice or, if such cure cannot be effected within such sixty (60) day period and OWNER fails to commence and proceed in good faith in an effort to cure such non-compliance within such sixty (60) day period, CITY may, by written notice to OWNER, terminate this Agreement. The review shall be conducted by the Director of Community Development. Upon completion of a Periodic Review and a finding of OWNER’s good faith compliance and further upon OWNER’s request, City shall provide an Estoppel Certificate stating: (a) this Agreement is in full force and effect and constitutes a binding obligation of the parties; (b) this Agreement has not been amended either orally or in writing, or if it has been amended, specifying the document number of any recorded amendments; and (c) there are no existing Defaults in the performance of OWNER’s obligations under this Agreement to the actual knowledge of the party signing the Estoppel Certificate.
5. PUBLIC BENEFIT.
In consideration for the rights and benefits to OWNER under this Agreement, OWNER, through its compliance with this Agreement and otherwise through implementation of the Project, provides to CITY the following public benefits:
(a) Payment of Infrastructure Funds to City: OWNER shall pay and remit to the City of Covina, prior to issuance of building permits for the Project, but not as a condition to the issuance of other permits or approvals, the sum of $315,000.00 for the purposes of use by the City for the design and/or construction of City infrastructure within the municipal boundaries of the City of Covina. For the purposes of this Agreement, “City infrastructure” shall mean any City-owned public facility such as streets, landscaping, parking lots, utilities, parks, City-owned
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buildings or facilities, or the acquisition of future City-owned and maintained facility.
(b) Demolition of aging and obsolete light industrial uses in connection with Development of the Project.
(c) Elimination of blight and increased property tax revenue as a result of the implementation of the Project.
(d) Increased economic activity throughout the CITY as a result of the implementation of the Project.
6. DEFAULT, REMEDIES AND TERMINATION.
6.1 Rights of CITY after Default; No Monetary Damages Remedy Against OWNER.
In the event of a Default by OWNER, CITY may terminate this Agreement and shall otherwise have hereunder all legal and equitable remedies as provided by law, except for the recovery of monetary damages which shall not be permitted. Before CITY may terminate this Agreement or take action to obtain judicial relief, CITY shall comply with the notice and cure provisions of Section 6.3.
6.2 OWNER Remedy Limited to Specific Performance; No Monetary Damages Remedy Against CITY. The nature of a development agreement under the Development Agreement Law is a very unusual contract involving promoting a very large development project facing many complex issues including geologic, environmental, financial, market, regulatory and other constantly evolving factors over an extremely long-time frame. The high level of uncertainty and risk involved justify the extraordinary commitments made to OWNER by CITY. The parties acknowledge that CITY would not have entered into this Agreement had it been exposed to monetary damages claims from OWNER for any termination, or Default hereunder. As such, the parties agree that in no event shall OWNER be entitled to recover monetary damages of any amount or of any kind against CITY for CITY’s termination or Default under this Agreement. For purposes of enforcement, therefore, OWNER’s sole remedy for any Default of this Agreement shall be the remedy of specific performance. Before OWNER takes action to obtain a judicial order for specific performance against CITY, OWNER shall comply with the notice and cure provisions of Section 6.3.
6.3 Notice and Opportunity to Cure. A non-Defaulting Party in its discretion may elect to declare a Default under this Agreement in accordance with the procedures hereinafter set forth for any alleged Default of the other party (“Defaulting Party”). However, the non-Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure. The Defaulting Party shall be deemed in Default under this Agreement, if the breach or failure can be cured, but the Defaulting Party has failed to take such actions and cure such Default within sixty (60) days after the date of such notice. However, if such Default cannot be cured within such sixty (60) day period, and if the Defaulting Party does each of the following:
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1. Notifies the non-Defaulting Party in writing with a reasonable explanation as to the reasons the asserted Default is not curable within the sixty (60) day period;
2. Notifies the non-Defaulting Party of the Defaulting Party’s proposed cause of action to cure the Default;
3. Promptly commences to cure the Default within the sixty (60) day period;
4. Makes periodic reports to the non-Defaulting Party as to the progress of the program of cure; and
5. Diligently prosecutes such cure to timely completion, then:
The Defaulting Party shall not be deemed in Default of this Agreement once the Default has been timely cured.
6.4 Termination Notice. Upon receiving a Default Notice, should the Defaulting Party fail to timely cure any Default, or fail to diligently pursue such cure as prescribed above, the nonDefaulting Party may, in its discretion, provide the Defaulting Party with a written notice of intent to terminate this Agreement (“Termination Notice”). The Termination Notice shall state that the non-Defaulting Party will elect to terminate the Agreement within sixty (60) days and state the reasons therefor (including a copy of any specific charges of Default) and a description of the evidence upon which the decision to terminate is based. Once the Termination Notice has been issued, the non-Defaulting Party’s election to terminate this Agreement shall only be rescinded (i) if the Defaulting Party fully and completely cures all Defaults prior to the date of termination, or (ii) if the non-Defaulting Party elects to revoke the Termination Notice.
6.5 Waiver of Breach. By not filing a legal challenge to CITY’S action to approve or issue any Development Approval within the period established by applicable law, OWNER shall be deemed to have waived any claim that any condition of approval attached to said Development Approval is improper or that the action, as approved, constitutes a breach of the provisions of this Agreement. By recordation of a final subdivision map on any portion of the Property, OWNER shall be deemed to have waived any claim that any Condition of Approval of such final subdivision map is improper or that the Condition of Approval constitutes a breach of the provisions of this Agreement.
6.6 Attorneys Fees. In the event either party to this Agreement is forced to bring legal action to enforce its rights under this Agreement, and notwithstanding the limitation of the parties’ remedies under Section 6.2, the prevailing party in any such action shall be entitled to recover its reasonable attorney’s fees and costs of suit.
7. RELEASES AND INDEMNITIES.
7.1 Third-Party Litigation.
7.1.1 Non-liability of Parties. As set forth above, CITY has determined that this Agreement is consistent with the General Plan and meets all of the legal
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requirements of State law. The parties acknowledge that:
A. In the future there may be challenges to the legality, validity and adequacy of the Initial Development Approvals, the Mitigated Negative Declaration, and/or this Agreement; and
B. If successful, such challenges could delay or prevent the performance of this Agreement and the Development of the Property.
C. In addition to the other provisions of this Agreement, including, without limitation, the provisions of this Section 7, neither party shall have liability under this Agreement for any failure of either party to perform its respective obligations under this Agreement under this Agreement as the direct result of a judicial determination resulting from any claim or litigation that on the Effective Date, or at any time thereafter, the Land Use Regulations, the Development Approvals, the Mitigated Negative Declaration or any related CEQA determination for the Project (“CEQA Determination”), this Agreement, or portions thereof, are invalid or inadequate or not in compliance with law.
7.1.2 Revision of Land Use Regulations. If, for any reason, the Land Use Regulations, the Initial Development Approvals (including, without limitation, this Agreement), the Mitigated Negative Declaration, or the CEQA Determination or any part thereof is hereafter judicially determined, as provided above, to not be in compliance with applicable laws or regulations and, if such noncompliance can be cured by an appropriate action otherwise conforming to the provisions of this Agreement, then this Agreement shall remain in full force and effect to the extent permitted by law. If required by a judicial decision, CITY shall process any of OWNER’s applications for amendments to any of the Initial Development Approvals, the Mitigated Negative Declaration, the CEQA Determination, and this Agreement, as necessary in response to such judicial decision. The Parties understand and agree that no promise can be made as to any future approval, however, because land use regulations involve the exercise of CITY’S police power and it is settled California law that government may not contract away its right to exercise its police power in the future. Avco Community Developers Inc. v. South Coast Regional Com., 17 Cal.3d 785, 800 (1976); City of Glendale v. Superior Court, 18 Cal.App.4th 1768 (1993).
7.1.3 Participation in Litigation: Indemnity. To the full extent permitted by law, OWNER agrees to and shall fully indemnify, hold harmless, and defend, CITY and its respective elected and appointed officials, officers, members, agents, employees, and representatives (each an “Agent” and collectively “Agents”) from any and all claims, suits, causes of action, fines, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically including attorneys’ fees (collectively, “Claim(s)”), arising in any way out of or challenging the validity of this Agreement, any of the other Development Approvals, the Mitigated Negative Declaration or the CEQA Determination. OWNER’s indemnification obligation shall include, but not be limited to, actions to attack, set aside, void, or annul any approval, should it occur, related to this Agreement, any of the other Initial Development Approvals, the
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Mitigated Negative Declaration or the CEQA Determination, including actions invoking Planning and Zoning Law or CEQA. OWNER shall reimburse CITY for any court costs and attorneys’ fees that CITY may be required by a court to pay as a result of such Claim(s). CITY may, at its sole and absolute discretion, participate in the defense of any such Claim(s) undertaken by OWNER, or (b) retain separate counsel whose attorneys’ fees and costs shall be paid by OWNER. Such participation in the defense of such Claim(s) or the retention of separate counsel by CITY shall not relieve OWNER of its obligations under this Agreement.
7.1.4 CITY shall promptly provide written notice to OWNER of any Claim(s).
CITY shall take all necessary and reasonable steps to provide such notice to OWNER in a timely fashion and in a manner that will not result in any substantial prejudice to OWNER’s ability to defend the relevant Claim(s). Such notice shall contain a copy of any relevant pleadings filed in connection with the relevant Claim(s). CITY acknowledges that OWNER desires to provide the defense of any Claim(s) in a cost efficient manner. CITY and OWNER shall coordinate and cooperate in their defense activities, whether CITY is participating in defense undertaken by OWNER or is retaining separate counsel. As used in this Agreement, cooperation does not include CITY having to take any action or make any decision that CITY does not believe, in the exercise of its good faith judgment, is in its own best interest. Unless expressly provided to the contrary, nothing in this Agreement shall be construed in a manner that requires CITY to exercise its discretion in a particular manner.
7.1.5 OWNER may not resolve such Claim(s) without CITY’s prior written consent. In all events, CITY shall have the right to resolve any such Claim(s) in any manner, in its discretion, provided, however, OWNER’s consent shall be required (and may be granted or withheld in OWNER’s discretion) if the resolution of the Claim(s) shall require a payment by OWNER or limit OWNER’s rights under the Development Approvals, including, without limitation, this Agreement. OWNER’S obligation to pay the cost of any such Claim(s), including judgment, post-judgment motions, and any and all appeals, shall extend until any Claim is completely concluded, judgment is entered and completely satisfied.
7.1.6 In the event OWNER fails or refuses to reimburse CITY for its cost to defend any Claim(s), CITY shall have the right to terminate this Agreement, subject to the notice and cure requirements of Section 6.3 above. Additionally, in the event of any such Claim(s), the Term of this Agreement shall be tolled for the period during which such Claim(s) are proceeding until fully and finally resolved.
7.1.7 In order to ensure compliance with this Section 7, within twenty (20) days after notification by CITY of the receipt of any Claim(s), OWNER shall deposit with CITY cash or other security in the amount of one hundred thousand dollars ($100,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to CITY of all costs and fees related to any action triggering the obligations of this Section 7. If CITY is required to draw on that cash or security to indemnify or reimburse itself for such costs or fees, OWNER shall restore the deposit
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to its original amount within fifteen (15) days after notice from CITY that replenishment is required. Additionally, if at any time the City Attorney determines that an additional deposit or additional security in an amount not to exceed an additional fifty thousand dollars ($50,000) is necessary to secure the obligations of this Section 7, OWNER shall provide such additional payment or security within fifteen (15) days of notice from the City Attorney.
7.2 Hold Harmless: OWNER’s Construction and Other Activities. OWNER shall indemnify, defend, save and hold CITY and its Agents, as defined in this Section 7 above, and shall hold and save them and each of them harmless from any and all claims, damages of any kind and litigation which may arise from OWNER’s or OWNER’s agents, contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations be by OWNER or by any of OWNER’s agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for OWNER or any of OWNER’s agents, contractors or subcontractors. Notwithstanding anything to the contrary in this Section 7.2, nothing herein shall make OWNER liable for the negligence or willful misconduct of CITY’s Agent(s).
7.3 Survival of Indemnity Obligations. All indemnity provisions set forth in this Agreement shall survive termination of this Agreement for any reason other than CITY’s Default as provided herein and shall continue to be the liability and obligation of OWNER, binding upon OWNER, until the final resolution of all Claims, and shall survive the completion, partial completion, or abandonment of the Project.
8. MISCELLANEOUS PROVISIONS.
8.1 Term of Agreement. Unless earlier terminated as provided in Section 4 or Section 6 hereof, this Agreement shall continue in full force and effect for a period of ten (10) calendar years from the Effective Date.
8.2 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code.
Amendments of this Agreement approved by the parties, and any termination of this Agreement, shall be similarly recorded.
8.3 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
8.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the
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effect that ambiguities are to be resolved against the drafting party or in favor of CITY shall not be employed in interpreting this Agreement, both parties having been represented by counsel in the negotiation and preparation hereof.
8.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
8.6 Singular and Plural. As used herein, the singular of any word includes the plural.
8.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
8.8 Waiver. Failure of a party to insist upon the strict performance of any of the provision(s) of this Agreement by the other party, or the failure by a party to exercise its rights upon the Default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
8.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
8.10 Force Majeure. Neither party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.
8.11 Notices. Any notice required under this Agreement shall be in writing and personally delivered, or sent by certified mail (return receipt requested and postage prepaid), overnight delivery, with a courtesy copy by email to the following:
CITY: Covina Community Development Department
ATTN: Community Development Director
125 E College St, Covina, CA 91723
Email: [email protected]
With a courtesy copy to:
City Attorney’s Office
125 E College St, Covina, CA 91723
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(email) [email protected]
OWNER: PS Southern California One, Inc.
701 Western Avenue
Glendale, CA 91201
Attention: Development
[email protected]
[email protected]
701 Western Avenue
Glendale, CA 91201
Attention: Real Estate Legal Dept.
[email protected]
[email protected]
8.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.
8.13 Successors in Interest. As provided in Section 65868.5 of the Government Code, and except as otherwise provided in this Agreement, all of the terms, provisions, covenants and obligations contained in this Agreement shall be binding upon, and inure to the benefit of, CITY and OWNER, and their respective successors and assigns.
8.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if both of the parties had executed the same instrument.
8.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
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8.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.
8.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
8.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.
8.19 Amendments in Writing/Cooperation. This Agreement may be amended only by the written consent of both parties specifically approving the amendment and in accordance with the Development Agreement Law. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters.
8.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they has/have the authority to bind OWNER to the performance of its obligations hereunder. [Signature Pages Follow.]
S-1
[Signature Page to Development Agreement]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above.
CITY: CITY OF COVINA
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
(SEAL)
OWNER: PS Southern California One, Inc.
By
Name Nathaniel A. Vitan
Title Senior Vice President, Chief Legal
Officer and Corporate Secretary
By
Name Andres Friedman
Title Senior Vice President of
Development
S-2
12923/0008/2689735-2
State of California )
County of Los Angeles )
On ___________________, 202__, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
S-3
12923/0008/2689735-2
State of California )
County of Los Angeles )
On ___________________, 202__, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A-1
Exhibit “A”
Legal Description of the Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COVINA,
IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 1 OF C. J. HEYLER TRACT, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 42 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE EASTERLY 135 FEET, MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID LOT.
ALSO EXCEPT THE WESTERLY 140 FEET, MEASURED ALONG THE NORTHERLY LINE OF SAID LOT.
ALSO EXCEPTING FROM THE REMAINDER OF SAID LAND, THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 1 TO THE NORTHERLY LINE OF THE SOUTHERLY 169 FEET MEASURED ALONG THE WESTERLY LINE OF SAID LOT;
THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WESTERLY 150 FEET OF SAID L OT; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE
WESTERLY ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 1.
PARCEL 2:
AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER THE SOUTHERLY 150 FEET OF THE NORTHERLY 150 FEET OF THE WESTERLY 150 FEET OF LOT 1.
APN(s): 8427-001-006
B-1
Exhibit “B”
Map showing Property and its location
1 Exhibit “C”
Development Plan for the Development of the Property
1 RESOLUTION CC 2022-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 21-29 AND SITE PLAN REVIEW (SPR) 21-160, TO ALLOW THE
DEVELOPMENT OF A 141,984 SQUARE-FOOT 3-STORY PUBLIC
SELF-STORAGE FACILITY (PUBLIC STORAGE) WITHIN A 2.70-
ACRE SITE, AND OTHER ASSOCIATED SITE IMPROVEMENTS,
WITHIN THE M-1 (LIGHT MANUFACTURING) ZONE, LOCATED AT
1330 E. CYPRESS STREET – APN - 8427-001-006.
WHEREAS, PS Southern California One Inc. c/o Bryan Miranda, is the legal owner of the property located 1330 E. Cypress Street. The property owner proposes to develop a 141,984 square-foot 3-story public self-storage facility within a 2.70-acre site, and other associated site improvements, within the M-1 (Light Manufacturing) Zone, located at 1330 E. Cypress Street – APN - 8427-001-006 – referred to herein as the “Project.” WHEREAS, the development of the Project necessitates, and the applicant has applied for, the following land use entitlements:
1.) Development Agreement (DA) 22-001, between Public Storage, Inc. and the City of Covina.
2.) Conditional Use Permit (CUP) 21-29 and Site Plan Review (SPR) 21-160, to allow the demolition of an existing 55,321 square-foot 2-story building and the development of a 141,984 square-foot 3-story public self-storage building within a
2.70-acre site, and other associated site improvements, within the M-1 (Light Manufacturing) Zone, located at 1330 E. Cypress Street – APN - 8427-001-006.
WHEREAS, the Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act.
WHEREAS, A Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines (“CEQA”). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the MND as required by law. The public comment period commenced via the State Clearing House from July 7, 2022 through August 5, 2022. A Notice of Completion was also sent to adjacent property owners indicating a review period of July 7, 2022 through August 5, 2022. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 125 E. College Street, Covina, California 91723 and the City of Covina website.
WHEREAS, on September 27, 2022 the Planning Commission of the City of Covina held a duly noticed public hearing to consider the Project and the related MND. The September 27, 2022 hearing was continued until October 11, 2022, then continued to October 25, 2022, and thereafter continued to November 8, 2022. The Planning Commission conducted the continued
public hearing on November 8, 2022 at which time oral and written comments received prior to or at the meeting together with a written recommendation from the Planning Division was presented to the Planning Commission. The Planning Commission concluded said hearing on that date.
Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 22-23 PC, recommending that the City Council Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Resolution No. 2022-023 PC recommending that the City Council approve Conditional Use Permit (CUP) 21-29 and Site Plan Review (SPR) 20-34.
WHEREAS, on December 6, 2022, the City Council of the City of Covina considered the Project and the MND and Mitigation Monitoring and Reporting Program, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the MND and Mitigation Monitoring and Reporting Program, prior to and at the public hearing. Following the public hearing, the Council adopted Resolution No. 2022-133 adopting the MND and adopting a Mitigation Monitoring and Reporting Program.
WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. After giving full consideration to all evidence presented at the public hearing, both orally and documentary, and after being fully informed, the City Council does hereby find and decide, pursuant to Title 17.62.120 (Conditional Use Permit) and Title 17.64.070 of the Covina Municipal Code:
A. Findings for Conditional Use Permit (CMC Section 17.62.120)
1. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adjust the use with land and uses in the neighborhood.
Facts: The proposed project complies with all required development standards (i.e. size, shape, setbacks, walls, fences, parking, loading, landscaping) for public storage facility, and is comparable with other nearby uses in the neighborhood developed under the same criteria as the proposed project. The subject site is located within the Light Manufacturing (M-1) zone, surrounded by commercial and light manufacturing uses to the west, light manufacturing uses to the east, residential and school uses to the north, with an approximately 60-foot wide arterial street buffer between the residential and school uses to the Project Site, and single-family residential uses and Southern Pacific Railroad to the South. The Project Site is within an established area characterized by light industrial uses that conforms well to surrounding neighborhood infrastructure and support services. The Project Site will require 20 new trees. The Project
Sit will also include a 6-foot high tubular steel fence around the perimeter of the north, east, and west secure portions of the site. A 6-foot high concrete masonry unit (CMU) wall will be located adjacent to the south property line.
Parking provided by the Project will include 21 standard parking spaces, 4 ADA accessible parking spaces, and 3 electric vehicle/clean air vehicle (EV/CAV) parking spaces for a total of 28 parking spaces. Three loading spaces will be provided behind the proposed building. Therefore, as proposed, this criterion has been met.
2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.
Facts: The proposed site improvements will provide adequate ingress and egress to the subject site and improve path of travel, facilitating adequate vehicle maneuvering on site. The site is located within an established area characterized by light industrial uses that conform well to surrounding neighborhood infrastructure and support services with access to major streets and freeway system. The Project Site will remove two of the driveways with the most easterly driveway to remain to provide direct vehicular access to Public Storage from East Cypress Street. Therefore, as proposed, this criterion has been met.
3. The proposed use will have no adverse effects on the abutting properties or the permitted use thereof.
Facts: The proposed use is located within an established area characterized by a light-industrial uses that conform well to surrounding neighborhood infrastructure and support services. The proposed site improvements satisfy all required development standards for a public self-storage facility, as it relates to project location, site access locations, building location, parking layout, on-site vehicle maneuvering, and proposed perimeter block walls, thereby having no adverse effects to abutting properties. Therefore, as proposed, this criterion has been met.
4. That the conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare.
Facts: The operation of a public storage facility is conditionally permitted within the M-1 Light Manufacturing Zone. The Project will incorporate a 24- hour/seven-day video surveillance security system of the parking lots, entryways, customer lobbies and pedestrian common areas to ensure the safety. The Project Site will also include a 6-foot high tubular steel fence around the perimeter of the north, east, and west secure portions of the site. A 6-foot high concrete masonry unit (CMU) wall will be located adjacent to the south property line. The access system requires customers and employees entering the secure area to enter a unique access code at both the sliding security entry gate and the telescoping entry gate. An individual access code is also required
to enter the customer lobbies and send the elevator to the floor of the customer’s storage unit. This security measure limits who can access parking areas and customer lobbies and allows management to review who has entered and exited these areas, if necessary. The Project design would include lighting of parking lots, entry-ways, and pedestrian common areas for site security purposes.
Therefore, as proposed, this criterion has been met.
B. Findings for Site Plan Review (CMC Section 17.64.070)
1. All provisions of Title 17 of the CMC are complied with and the following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect to surrounding properties: buildings, structures and improvements; vehicle ingress, egress and internal circulation; setbacks; building height; location of service; walls; and landscape materials.
Fact: The proposed project complies with all required provisions for a public storage facility use located within the Light Manufacturing (M-1) zone. The proposed site improvements follow all required development standards for a public storage facility and comparable with other nearby uses in the neighborhood due to the site located within an established area characterized by existing streets, sidewalks, walls, and commercial buildings/uses that conform well to surrounding neighborhood infrastructure, circulation and support services. The proposed infill development, increase in landscaping along the site perimeter, and improved defensible space planning measures on site will provide additional pedestrian and vehicular safety and welfare to its surrounding environment. The project would have no negative impacts to existing streets and sidewalks in that, the proposed project is a commercial structure being demolished to accommodate a similar/related commercial use and would be minimal on existing and surrounding traffic conditions with the proposed site improvements. With the proposed modifications and overall site improvements, the proposed use will have no adverse effect to surrounding properties. Therefore, as proposed, this criterion has been met.
2. The project design conforms to the general plan, the design guidelines, transportation demand management regulations, and any specific plans or guidelines applicable to the project;
Fact: The proposed scope of work is consistent and conforms to the City of Covina’s General Plan Goals No. III, Objective No. 3, Policy No. 7, in that the proposed demolition of an existing commercial use and construction of a new similar/related commercial use “facilitates development for community economic betterment, image enhancement, will not adversely affect the integrity of established commercial and/or industrial areas, encroach into residential neighborhoods, or impose undue burdens on local infrastructure or services.” The proposed public storage facility conforms to the City’s design guidelines for said use, as reviewed and determined by planning staff. As such, the proposed scope of work satisfies all applicable guidelines to the project, as
outlined under the CMC Chapter 17.54 M-1-Light Manufacturing Development Standards, the Covina Design Guidelines, and General Plan therefore, this criterion has been met.
3. The project design is harmonious, consistent and complete within itself and functionally and visually compatible with neighboring structures and the area in which it is located;
Fact: The subject site is located within the Light Manufacturing (M-1) zone, which is surrounded by commercial and light manufacturing uses to the west, light manufacturing uses to the east, single family residential homes and a school to the north, with an approximately 60-foot wide arterial street buffer between the residential and school uses and the Project Site, and single family residential uses and Southern Pacific Railroad to the South. The subject site is within an established area characterized by light manufacturing uses that connect well to existing neighborhood infrastructure and support services.
Proposed improvements to the site are aesthetically pleasing, functional, visually compatible with neighboring structures and the area within which it is proposed to be located, and in compliance with the Covina Design Guidelines.
Therefore, this criterion has been met.
4. The development will constitute an adequate environment for the intended use by sustaining the desirability and stability of the neighborhood and community;
Fact: The proposed Project is designed and in conformance with development standards consistent with the character, appearance, and features of public storage facility, thereby facilitating the desired sustainability and stability adequate for its environment, the neighborhood and community it will serve. Therefore, this criterion has been met.
5. Proposed lighting is so arranged as to reflect lighting away from adjoining properties;
Fact: Any proposed exterior wall-mounted lighting will be shielded, directed, or illuminated away from neighboring properties. Accent lighting of buildings, trees, or other landscape features will accentuate those individual features with no spillover beyond the façade of the building or tree and be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. A lighting plan will be submitted for review for compliance with the applicable safety, security, and design related provisions of the Zoning Code and Design Guidelines, as a condition of approval. Therefore, as conditioned, this criterion has been met.
6. Proposed signs will not by size, location, color or lighting, interfere with traffic or limit visibility;
Fact: Any proposed signage is not a part of this review and approval. As a condition of approval, a separate sign permit application and related plans will be required showing compliance with the City of Covina’s Sign Ordinance.
Therefore, as conditioned, this condition has been met.
7. Utility and street improvements pursuant to CMC Sections 17.64.120 and
17.64.130.
Fact: The applicant will be required to comply with utility and/or street improvements required by the Department of Public Works (Engineering, Traffic, and Environmental Services). Therefore, as conditioned, this criterion has been met.
SECTION 3. California Environmental Quality Act Findings. Pursuant to and in accordance with the California Environmental Quality Act, Public Resources Code § 21000 et seq. (CEQA) and the State CEQA Guidelines (14 Cal. Code Regs. sections 15000, et seq.) (CEQA Guidelines), the City of Covina completed an Initial Study to determine whether the Project may have a significant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment. The City therefore prepared a Mitigated Negative Declaration (MND) to be considered by the City Council. Pursuant to Section 15072 of the CEQA guidelines, the Project site is not on any of the lists enumerated under Section 65962.5 of the Government Code. The MND identifies that the proposed project would result in no impact or less than significant impacts in the following environmental impact categories: agricultural and forestry resources, air quality, biological resources, energy, geology and soils, greenhouse gas emissions, hydrology and water quality, land use and planning, mineral resources, public services, recreation, transportation, utilities and service systems, and wildfire.
With the incorporation of mitigation measures identified in the MND, the potentially significant impacts of the proposed project in the following categories would be reduced below a level of significance, cultural and tribal resources, hazards and hazardous materials, and Noise. No significant and unmitigable impacts have been identified in the MND. The Notice of Intent to adopt the MND was published in the San Gabriel Valley Examiner on July 7, 2022, and the MND was released for a 30-day public comment period beginning on July 7, 2022 and ending on August 5, 2022. The Final MND, which consists of the Draft MND, Comments on the Draft MND, and Responses to Comments, has been completed in accordance with the requirements of CEQA. The City Council by Resolution No. 2022-XXX has adopted the MND and the Mitigation Monitoring and Reporting Program (“MMRP”) for the Project. Said resolution is incorporated by this reference herein.
SECTION 4. Based upon the findings and conclusions set forth in Sections 1, 2 and 3 above, the City Council of the City of Covina does hereby approve the following applications: Conditional Use Permit (CUP) 21-29 and Site Plan Review (SPR) 21-160, subject to the Conditions of Approval set forth in the written record before the Council incorporated here and attached hereto as Exhibit “A.”
SECTION 5. Effective Date. This Resolution shall be effective upon the effective date of Ordinance No. 2022-020. Notwithstanding the foregoing, the Council’s approval of Conditional Use Permit (CUP) 21-29 and Site Plan Review (SPR) 21-160 shall not become effective unless and until the date of the ordinance approving Development Agreement (DA) 22-001 takes effect.
SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Bool of Original Resolutions.
APPROVED AND ADOPTED this 6
th day of December, 2022.
City of Covina, California
BY: ___________________________
PATRICIA CORTEZ, Mayor
ATTEST:
____________________________________________
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:
______________________________________
CANDICE LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-134 was duly adopted by the City Council of the City of Covina at a regular meeting thereof held on the 6
th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated: ______________________
____________________________________________
FABIAN VELEZ, Deputy City Clerk
EXHIBIT “A”
CONDITIONS OF APPROVAL AND
MITIGATION MONITORING AND REPORTING PROGRAM
CONDITIONAL USE PERMIT (CUP) 21-029,
SITE PLAN REVIEW (SPR) 21-160, AND
APN: 8427-001-006
Development Application(s):
1. Resolution No. 2022-023 PC recommending that the City Council approve Conditional Use Permit (CUP) 21-029, for a proposed self-storage use, a Site Plan Review (SPR) 21-160, for site development consisting of demolishing an existing 55,321 square foot 2-story commercial building to allow the construction of a new 141,984 square foot 3-story public self-storage building on an approximately 2.70-acre site. The project site is within the M-1 Light Manufacturing Zone, located at 1330 E. Cypress Street (APN: 8427-001-006).
ALL OF THE FOLLOWING CONDITIONS APPLY TO THE PROJECT
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT 626-384-5450, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. TIME LIMITS:
1. Conditional Use Permit (CUP) 21-029 and Site Plan Review (SPR) 21-160: Approval of this application will expire two years from the date of Project approval if building permits are not issued unless otherwise extended pursuant to applicable laws. The applicant may apply to extend the expiration date for a maximum period of one year upon written request to the Director of Community Development a minimum of thirty (30) days prior to expiration. The request must be approved by the Planning Commission prior to expiration of the approved CUP and SPR applications.
2. Approval of Conditional Use Permit (CUP) 21-029 and Site Plan Review (SPR) 21-160 are contingent upon approval of the Mitigated Negative Declaration (MND) and Development Agreement (DA) 22-001, by the City Council.
B. GENERAL REQUIREMENTS:
1. This approval will not be effective for any purposes until the Applicant has filed with the Planning Division an affidavit stating that it is aware of and agrees to accept all of the conditions of this approval as set forth herein, within 10 calendar days from the date of approval.
2. To the full extent permitted by law, Applicant agrees to and shall fully indemnify, hold harmless, and defend, CITY and its respective elected and appointed officials, officers, members, agents, employees, and representatives (each an “Agent” and collectively “Agents”) from any and all claims, suits, causes of action, fines, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically including attorneys’ fees (collectively,
“Claim(s)”), arising in any way out of or challenging the validity of Project, or the CEQA Determination. Applicant’s indemnification obligation shall include, but not be limited to, actions to attack, set aside, void, or annul any approval, should it occur, related to the Project, or the CEQA Determination, including actions invoking Planning and Zoning Law or CEQA.
Applicant shall reimburse CITY for any court costs and attorneys’ fees that CITY may be required by a court to pay as a result of such Claim(s). CITY may, at its sole and absolute discretion, participate in the defense of any such Claim(s) undertaken by Applicant, or (b) retain separate counsel whose attorneys’ fees and costs shall be paid by Applicant. Such participation in the defense of such Claim(s) or the retention of separate counsel by CITY shall not relieve Applicant of its obligations under these indemnity related conditions of approval.
3. CITY shall promptly provide written notice to Applicant of any Claim(s). CITY shall take all necessary and reasonable steps to provide such notice to Applicant in a timely fashion and in a manner that will not result in any substantial prejudice to Applicant’s ability to defend the relevant Claim(s). Such notice shall contain a copy of any relevant pleadings filed in connection with the relevant Claim(s). CITY and Applicant shall coordinate and cooperate in their defense activities, whether CITY is participating in defense undertaken by Applicant or is retaining separate counsel. As used in this Agreement, cooperation does not include CITY having to take any action or make any decision that CITY does not believe, in the exercise of its good faith judgment, is in its own best interest. Unless expressly provided to the contrary, nothing in this Agreement shall be construed in a manner that requires CITY to exercise its discretion in a particular manner.
4. Applicant may not resolve such Claim(s) without CITY’s prior written consent. In all events, CITY shall have the right to resolve any such Claim(s) in any manner, in its discretion, provided, however, Applicant’s consent shall be required (and may be granted or withheld in Applicant’s discretion) if the resolution of the Claim(s) shall require a payment by Applicant or limit Applicant’s rights under the Project. Applicant’s obligation to pay the cost of any such Claim(s), including judgment, post-judgment motions, and any and all appeals, shall extend until any Claim is completely concluded, judgment is entered and completely satisfied.
5. The Applicant shall indemnify, defend, save and hold the CITY and its Agents, its respective elected and appointed officials, officers, members, agents, employees, and representatives (each an “Agent” and collectively “Agents”), and shall hold and save them and each of them harmless from any and all claims, damages of any kind and litigation which may arise from Applicant’s or Applicant’s agents, contractors, subcontractors, agents, or employees’, whether such operations be by Applicant or by any of Applicant’s agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for Applicant or any of Applicant’s agents, contractors or subcontractors.
6. All indemnity provisions, as set forth above, shall survive termination of the Project and shall continue to be the liability and obligation of Applicant, binding upon Applicant, until the final resolution of all Claims, and shall survive the completion, partial completion, or abandonment of the Project.
7. The Applicant shall reimburse the City for all fees and costs for special review of these applications by both (i) the City’s retained planning, engineering, and related consultants and (ii) the Covina City Attorney’s Office through an executed Reimbursement Agreement. Such special review includes, but is not limited to, review of the Project’s compliance with conditions of approval, plan check process, etc.
8. The Project Site and all improvements thereon, including landscaping, must be maintained in
a sound, healthy, and attractive condition reasonably free of weeds, visible deterioration, graffiti, debris and/or other conditions that violate the Covina Municipal Code.
9. The costs and expenses of any code enforcement activities, including, but not limited to, attorneys' fees, caused by Applicant's violation of any condition or mitigation measure imposed hereunder or any provision of the Covina Municipal Code must be paid by the Applicant.
10. Approval of the CUP and SPR applications shall not waive the Applicant’s obligation for compliance with all other applicable sections of the Covina Municipal Code, the Covina Design Guidelines, and all other applicable plans and non-City laws and regulations.
C. SITE DEVELOPMENT
1. The Project Site shall be developed and maintained in accordance with the Covina Municipal Code, and the approved plans on file with the Community Development Department, all representations of record made by the Applicant(s), the conditions contained herein, the Covina Municipal Code, and the Covina Design Guidelines.
2. Final plans incorporating all conditions of approval and any plan-related changes required in the approval process shall be submitted for the Director or his/her designee for review and approval, prior to submittal for Plan Check process.
3. A complete building materials illustration board, describing material, brands, types, and applicable reference numbers shall be submitted to the Planning Division. Minor modifications in elevation details and/or colors may be submitted with detailed drawings and/or information to the Director or his/her designee for review and approval, prior to or during the subsequent Plan Check process.
4. A Uniform Sign Permit Package for the Project shall be submitted for Director of Community Development or his designee for review and approval prior to issuance of building permits.
5. All site, precise grading landscape, and irrigation, and street improvement-plans shall be coordinated for consistency, prior to issuance of any building permits.
6. All ground mounted utility appurtenances such as transformers, etc. shall be adequately screened using a combination of concrete or masonry walls, and or landscaping to the reasonable satisfaction of the Director or his/her designee.
7. During construction and following Project completion, all grading and all exterior drainage on the Project Site shall conform to all applicable requirements of the Public Works Department.
8. A complete exterior lighting plan, including photometric printout, shall be submitted for review and approval, prior to issuance of building permits. The plan shall illustrate light fixture features, locations, height, and the compliance with applicable City Code provisions on illumination, design, and lighting orientation/glare prevention and the minimum one-foot candle standard where applicable.
9. All building and site improvements along with landscaping and irrigation must be installed in accordance with approved plans and information on file with the Planning, Building, and Engineering Divisions, and the irrigation systems must be fully operational upon issuance of certificates of occupancy. Furthermore, during construction, all on-site landscaped areas must be maintained reasonably free of weeds and debris.
10. The Project Site must be clean and reasonably free of trash and construction debris, and all construction equipment must be removed from the Project Site prior to issuance of the last certificate of occupancy.
11. Grading
a. Grading of the Project Site shall be in accordance with then-current adopted California Building Code, City Grading Standards, and accepted grading practices. The Rough Grading Plan and Precise Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual grading and drainage plan. b. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. c. A geologic report shall be prepared by a qualified engineer or engineering geologist and submitted at the time of application for Grading and Drainage Plan review. d. The Precise Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of Building Permits.
e. This Project shall comply with the applicable accessibility requirements of the then-current adopted California Building Code.
D. LANDSCAPING AND WATER EFFICIENT REQUIREMENTS
1. All landscape or planter areas shown on the approved landscape plan shall be constructed such that they can remain landscaped in perpetuity. These areas shall not be paved or used for storage or any similar purpose inconsistent with the intent of this approval.
2. Detailed on-site and off-site landscape and irrigation plans shall be submitted to the Director of Community Development or his/her designee for review and approval, prior to issuance of building permits. The landscape and planter areas shall conform to applicable standards and requirements of the City’s Water Efficient Landscape Regulations and the July 2015 Updated Model State Water Efficient Landscape Ordinance of the State of California Water Commission.
E. CONSTRUCTION MITIGATION AND MANAGEMENT PLAN
1. All construction must comply with the below-noted construction mitigation plan and the City Noise Ordinance.
2. The Applicant shall prepare a construction mitigation and management plan to mitigate noise as well as other construction-related impacts. The construction-related activities shall conform to the following requirements that address potential noise and other construction-related impacts:
a. The construction mitigation plan shall address the following areas: 1) site supervision, 2) construction access and schedule, 3) delivery/haul route and traffic control, 4) material storage and staging, 5) construction parking, 6) work hours, 7) noise reduction, 8) erosion control, 9) dust and mud control, 10) debris cleanup, 11) street sweeping, 12) pedestrian and neighborhood safety, 13) Project contact-related signage, and 14) subcontractor education and security measures.
b. Provide contact information for Qualified Storm Water Practitioner (QSP) and Qualified Storm Water Developer (QSD).
c. Construction-related activities, including grading activities, shall be prohibited between 6:00 pm and 7:00 am on Monday through Friday and between 5:00 pm and 8:00 am on Saturday and all day on Sundays and Holidays (except by special permit). d. All construction equipment shall be in proper operating condition and shall be fitted with standard factory noise attenuation features. All equipment shall further be properly maintained to help assure that no additional significant noise, due to worn or improperly maintained parts, would be generated.
e. The Applicant and/or his/her representative(s) shall frequently monitor for and, if detected, remove any and all graffiti on and/or repair damaged or vandalized construction-related fencing and/or related elements as quickly as feasible. f. Loud noise generating activities such as crushing concrete pavement will be restricted to 7:00 am – 6:00 pm on Monday through Friday. Signs (multiple) shall be posted on site stating the days and hours of construction allowed, prohibiting “drinking, loitering and music” at all times, and including phone listings for community concerns. g. View-obscuring construction fencing shall be provided around the entire Project Site.
Construction entries shall have gates with view-obscuring material.
3. At least thirty days prior to the commencement of any Project-related demolition and grading, the Applicant and/or his/her representative(s) shall notify the occupants of all residential and institutional properties that lie within 500 feet of the Project Site of the general parameters of the impending grading and construction activities.
4. The approved construction mitigation and management plan shall be distributed to all contractors and subcontractors, and shall be maintained on-site through the duration of construction.
APPLICANT SHALL CONTACT THE BUILDING & SAFETY DIVISION AT 626-384-5460, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
F. HOUSING DIVISION
1. Non-residential (commercial, office or industrial) development impact fees for the Project shall be paid, prior to the issuance of any permits for the Project. Development Impact Fees apply where new square footage is created in commercial and industrial developments. The Applicant shall contact the Director or his designee for calculation of the development impact fee, prior to issuance of any permits for the Project:
Land Use Impact Fee Square Feet
Added or
Created
Square Feet
being
demolished
(credit)
Total Fee
Commercial
Use
$ 6.253 per bldg. square
foot (added or created)
X - =
Office Use $ 5.721 per bldg. square
foot (added or created)
X 900 - 0 = $5,148.90
Industrial Uses $ 2.173 per bldg. square
foot (added or created)
X 141,084 - 55,321 = $186,362.99
G. BUILDING AND SAFETY DIVISION
1. Submit 4 sets of complete plans including any proposed utilities and earthwork/grading. The Project must comply with the 2019 California Building Code and Standards. (see handouts for min submittal requirements for construction plan check).
2. Two sets each of any structural and energy calculations shall be submitted with the abovementioned plans. All calculations must bear an original signature from the documented author.
3. This Project must comply with applicable Federal and State Accessibility requirements to and throughout the buildings. Include compliance methods and structural details on the plans. It is recommended that an independent CASp review of the project be performed although your new facility may have already been approved and permitted by the building department, it is important to obtain CASp inspection services after your move-in because unintended access barriers and violations can be created, such as placing your furniture and equipment in areas required to be maintained clear of obstructions. For planned alterations, a CASp can review your improvement plans and provide an access compliance evaluation of your facility’s public accommodation areas that may not be part of the alteration.
4. Demolition activities require an asbestos containing materials (ACM) survey. (SCAQMD RULE 1403). The ACM report shall be prepared by an accredited testing laboratory in accordance with applicable SCAQMD rules and regulations. Proof of notification to the South Coast Air Quality Management District (SCAQMD), Office of Operations, shall be submitted to the Building Division with the relevant permit application for all demolition activities. Contact the SCAQMD at the address or number below for more information. Once any demolition activity has adhered to the applicable notification requirements to the SCAQMD, a formal demolition plan and permit must be obtained from the Building and Safety Division. o SCAQMD Headquarters; 21865 Copley Drive, Diamond Bar, CA, (909) 396- 2381
5. Please provide an additional digital copy (pdf preferred) of the building floor plan, elevations, and site plan to be submitted to the LA County Assessor. This copy should be in sufficient detail to allow the assessor to determine the square footage of the buildings and, in the case of residential buildings, the intended use of each room. For additional information, please contact the LA County Assessor’s, Public Service Desk at 888-807-2111.
6. Construction activity within 500’ of a residential zone is prohibited between the hours of 6:00 pm and 7:00 am on Monday through Friday and between 5 pm and 8 am on Saturday and all day on Sunday and Holidays unless otherwise permitted.
H. PUBLIC WORKS - ENGINEERING DIVISION
1. Prior to issuance of any permits, the applicant shall submit a Precise Paving & Drainage Plan for the project showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control measures, and other pertinent information in accordance with Appendix J of the California Building Code, latest edition for review and approval of the City Engineer.
2. The applicant shall submit a final Soils and Geologic Report to the satisfaction of the City Engineer.
3. Prior to the issuance of a Grading Permit, the applicant shall submit a temporary erosion control plan to the satisfaction of the City Engineer. The erosion control shall be installed and operable at all times.
4. Improvement Plans and Construction:
a. The applicant shall remove and replace the existing curb & gutter and sidewalk within the limits of the development to the satisfaction of the City Engineer. b. The applicant shall install street trees along the south side of Cypress Street within the limits of the development to the satisfaction of the Department of Public Works. c. The applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way (ROW). All work within the public ROW shall be in accordance with applicable standards of the City of Covina, i.e. Standard Specifications for Public Works Construction (Green Book), and the Work Area Traffic Control Handbook (WATCH), and further that construction equipment ingress and egress be controlled by a plan approved by the City Engineer.
d. Due to construction, the Applicant shall be responsible for any repairs within the limits of the Project Site development, including streets and paving, curbs and gutters, sidewalks, and street lights, as determined by the City Engineer. e. The applicant shall reconstruct the existing pavement section (2” Grind/2” AC Overlay) for the southerly half of Cypress Street within the limits of the development to the satisfaction of the City Engineer.
f. Pavement striping shall be installed on the newly reconstructed pavement surface on Cypress Street to the satisfaction of the City Engineer.
5. The applicant shall dedicate additional property along the north side of the property to the City of Covina to provide a minimum half-width of 40 feet for Cypress Street, as shown on submitted plans to the City.
6. The Applicant shall enhance the existing storm drain inlets on the property to meet current standards and provide other drainage improvements as necessary to carry runoff of storm water in the area proposed to be developed, and for contributing drainage from adjoining properties to the reasonable satisfaction of the City Engineer and in accordance with all applicable federal, state and local laws and regulations and City’s Subdivision Ordinance (CMC Chapter 16). The proposed drainage improvements shall be based on a detailed hydrology study conforming to the current Los Angeles County Methodology.
7. The applicant shall provide detailed hydraulic calculations to verify the capacity of the existing downstream storm drain and verify the integrity of the existing downstream improvements. If the downstream improvements do not meet the requirements and standards of the City of Covina and Los Angeles County Flood Control, the applicant shall reconstruct the system to the satisfaction of the City Engineer.
8. The developer shall underground all new electrical and communication utility service spanning the distance from the proposed Public Storage facility building to the existing overhead electrical and communication distribution utility lines that are aligned parallel, and adjacent to, Cypress Avenue, located within the Cypress Avenue right-of-way to the satisfaction of the Community Development Director. The developer is not responsible for undergrounding the existing overhead electrical and communication distribution utility lines that are aligned parallel, and adjacent to, Cypress Avenue, located within the Cypress Avenue right-of-way.
I. PUBLIC WORKS – ENVIRONMENTAL SERVICES DIVISION AT 626-384-5480, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Comply with the Low Impact Development (lid) requirements.
2. LID – Project qualifies as a Low Impact Development, and must incorporate storm water BMPs.
3. Waste Management – Project debris may be hauled offsite by the City’s franchise waste hauler, or self-hauled by the Applicant to an approved recycling facility.
4. C&D – 75% of construction and demolition debris must be recycled. Forms and a security deposit will be required.
5. Only Athens Services/Covina Disposal, 888-336-6100, is allowed to provide bins and pickup and dispose of trash.
APPLICANT SHALL CONTACT THE POLICE DEPARTMENT AT 626-384-5623, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
J. POLICE DEPARTMENT
1. When applicable, the owner or operator shall contract with a security company for security personnel or hire security personnel as employees.
a. If the owner or operator chooses to hire a security company, the security company must be licensed to operate in both the State of California and the City of Covina.
Additionally, all employees who are assigned to work the premises must be licensed by the State of California as security guards and be in good standing throughout their time of employment.
b. In the event the owner or operator or manager provide their own security personnel, all personnel must be employed only as security personnel and not have other responsibilities while acting in that capacity. Additionally, all employees acting as security personnel must be licensed and in good standing with the State of California through their time of employment.
2. At no time will any security personnel, whether employed by a private company or licensed by the City or employed by the establishment, be armed with any type of firearm.
3. Exterior lighting to include: Parking lot light fixtures and wall mounted light fixtures shall be of LED. Detailed plans to show compliance shall be submitted to Police Department and Planning Division for review and approval, prior to issuance of permit and prior to installation. The condition of approval shall be accomplished on or before opening.
4. Wayfinding signage shall be provided and submitted to Police Department and Planning Division for review and approval. Wayfinding signage shall have lighting as well. The condition of approval shall be accomplished on or before opening.
5. Signage stating vehicle code is enforceable must be posted at all entrances so that guests/visitors are aware of what will be enforced on the property. Police Department to review signage. The condition of approval shall be accomplished on or before opening.
6. The permittee and the operator of any business at the premises shall install, use, and maintain in good working condition a video security system capable of viewing and recording events at the premises as approved by the Chief of Police. The video security system shall be on and operating at all times by common areas, development entrances and exits, and parking areas. The video security system shall be of such to provide images of such a resolution as to clearly identify individuals for later identification. Security systems could deter and prevent public nuisances.
Installation and approval shall occur prior to the release of the occupancy or approval of business license.
7. The permittee and the operator of any business at the premises shall ensure that at least one employee or other person is present on the premises during normal business hours with the necessary knowledge and skill to operate the video security system so that he or she is able to provide the Covina Police Department copies of video recordings immediately upon request.
8. The permittee and the operator of any business at the premises shall preserve the video security system’s recorded information of each business day for a period of not less than ten (10) business days thereafter for the Covina Police Department’s review in connection with a criminal or other investigation.
9. The owners, operators, or managers shall, subject to approval of the Police Department, develop a plan to monitor the area surrounding the location for trash and other discarded items that impact public health and to maintain the cleanliness of the parking lots, sidewalks, and the property of adjacent business owners.
10. The owners, operators, or managers shall, subject to approval of the Police Department, develop a plan to ensure that all exterior locations are adequately and safely illuminated during hours of darkness.
11. The owners, operators, or managers must comply with all City codes and ordinances relating to police response and abatement nuisance conditions.
12. All landscaping should follow the two-foot six-foot rule. All landscaping should be ground cover, two feet or less and lower tree canopies should be at six feet. This increases natural surveillance and eliminates hiding areas within landscaping. Tree canopies should not interfere with or block the lighting along sidewalks or parking lots. This creates shadows and areas of concealment. Planters will use plant species with limited growth. This is to ensure that maintenance does not become an issue and surveillance from the building is maintained.
13. Any rolling gate, community access point garage, and any pedestrian gate access, including sliding security gate and telescoping gate, shall have a keypad installed with current access code provided to Police Dispatch at (626) 384-5808.
K. LOS ANGELES COUNTY FIRE DEPARTMENT – FIRE PREVENTION DIVISION
1. Comply with Los Angeles County Fire Department Codes and Regulations.
END OF CONDITIONS
EXHIBIT “B”
Mitigation Monitoring and Reporting Program
1330 E. Cypress Street (Public Storage)
The State CEQA Guidelines, Section 15074(d), requires that a lead or responsible agency adopt a mitigation monitoring plan when approving or carrying out a project when an IS/MND identifies changes that the lead agency has required in the project or made a condition of approval to mitigate or avoid significant environmental effects. As lead agency for the project, the City is responsible for adoption and implementation of the mitigation monitoring and reporting program (MMRP).
The MMRP is presented in Table 4-1 below and will be in place and effective throughout all phases of the project. The City will be responsible for administering the MMRP and ensuring that all parties comply with its provisions. The City may delegate monitoring activities to staff, consultants, or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with required measures, note any problems that may result, and take appropriate action to rectify problems.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. PH 3
Meeting: CC Regular Meeting - Dec 06 2022
Title: Public Hearing, Second Reading and Adoption of Ordinance 22-19 Adopting by Reference and Amending Codes comprising the 2022 California Building Standards Code, including the 2022 Editions of the California Administrative, Building, Fire, Residential, Green Building Standards, Plumbing, Mechanical, Electrical, Energy, Existing Building, Historical Building, Referenced Standards Codes, and the 2021 International Property Maintenance Code, and Amending Title 14, Building and Construction, of the Covina Municipal Code.
Presented By: Brian K. Lee, Director of Community Development Robert Fisher, Building Official
Recommendation: 1. Hold a Public Hearing to adopt Ordinance 22-19, adopting by reference and amending the Codes comprising the California Building Standards Code (California Code of Regulations, Title 24) including the 2022 Editions of the California Administrative, Building, Fire, Residential, Green Building Standards, Plumbing, Mechanical, Electrical, Energy, Existing Building, Historical Building, and Referenced Standards Codes, and the 2021 International Property Maintenance Code, together with certain additions, insertions, deletions and changes thereto
2. Waive full reading, read by title only, and adopt on second reading Ordinance 22-19 entitled, "An Ordinance of the City Council of the City of Covina, California, making findings under CEQA, amending title 14 of the Covina Municipal Code and adopting by reference: codes comprising the 2022 edition of the California building standards code (California code of regulations, title 24, parts 1 - 12), including the California administrative code (2022 edition), the California Building Code Volumes 1 & 2 including Appendices B, D, F, I, J, N, O and P (2022 edition, incorporating and amending the 2021 International Building Code), the California Residential Code including Appendices AH, AK, AL, AO, AR, AS, AU, AV, AW, AX, and AZ (2022 Edition, incorporating and amending the 2021 international residential code), the California Green Building Standards Code (2022 Edition), the California Mechanical Code (2022 Edition, incorporating and amending the 2021 Uniform Mechanical Code), the California Plumbing Code (2022 Edition, incorporating and amending the 2021 Uniform Plumbing Code), the California Electrical Code (2022 Edition, incorporating and amending the 2020 National Electrical Code), the California Fire Code (2022 edition, incorporating and amending the 2021 International Fire Code), the California Existing Building Code (2022 Edition), the California Energy Code (2022 Edition), the California Historical Building Code (2022 Edition), and the California Referenced Standards Code (2022 Edition); and the 2021 International Property Maintenance Code, together with certain additions, insertions, deletions and changes thereto." EXECUTIVE SUMMARY:
BACKGROUND:
The California Health and Safety Code Section mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24, Parts 1 through 12, of the California Code of Regulations) every three years. The 2022 Edition of the California Building Standards Code becomes effective statewide on January 1, 2023. Local agencies may amend Codes comprising the California Building Standards Code, provided any amendments of building standards are supported by express findings.
DISCUSSION:
The California Health and Safety Code Section mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24, Parts 1 through 12, of the California Code of Regulations) every three years. The 2022 Edition of the California Building Standards Code becomes effective statewide on January 1, 2023. Local agencies may amend Codes comprising the California Building Standards Code, provided any amendments of building standards are supported by express findings.
The list below identifies the specific Codes proposed for adoption, as well as the model codes upon which the 2019 Title 24 regulations are based:
California Building Standards Code Reference Model Code The California Health and Safety Code Section mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24, Parts 1 through 12, of the California Code of Regulations) every three years. The 2022 Edition of the California Building Standards Code becomes effective statewide on January 1, 2023. Local agencies may amend Codes comprising the California Building Standards Code, provided any amendments of building standards are supported by express findings.
The list below identifies the specific Codes proposed for adoption, as well as the model codes upon which the 2022 Title 24 regulations are based:
California Building Standards Code Reference Model Code 2022 California Administrative Code
2022 California Building Code 2021 International Building Code 2022 California Residential Code 2021 International Residential Code 2022 California Electrical Code 2020 National Electrical Code 2022 California Mechanical Code 2021 Uniform Mechanical Code 2022 California Plumbing Code 2021 Uniform Plumbing Code 2022 California Energy Code
2022 California Historical Building Code
2022 California Existing Building Code 2021 International Exist. Bldg. Code 2022 California Green Building Standards Code
2022 California Referenced Standards Code
2022 California Fire Code 2021 International Fire Code
2020 Los Angeles County Fire Code 2021 International Property Maintenance Code (not part of Title 24)
As alluded to previously, local agencies are allowed to amend the California Building Standards Code and other uniform Codes. However, to maintain a uniform minimum level of regulation throughout the state, any amendments to building standards must be justified by express findings reflecting specific conditions unique to the local jurisdiction. The amendments being proposed by staff are limited to administrative or procedural
clarifications of the various Codes and concern themselves with subjects that either are not covered by the Codes or are reasonably necessary to effectively implement the Codes. Excepting for modifications to the 2022 California Residential Code, none of the proposed amendments make changes to the building standards set forth in the Codes and, therefore, express findings of unique local conditions are not required.
FISCAL IMPACT:
The Ordinance, as proposed, adopts a variety of regulatory codes by reference, and updates the City’s Building & Safety codes, as well as the Fire Code. As the Ordinance addresses only regulations and not fee schedules, the proposed action entails no fiscal impact. -
FEE ASSESSMENT AND RECOMMENDATION FOR INCREASE
FEE ADJUSTMENT;
• Green Building Plan check- (similar structure to MEP) • TECHNOLOGY FEE-Suggest 2-3%
• ARCHIEVE FEE= currently 2%
• SCANING/ELETRONIC direct cost per page. Per permit/application • Non-Residential Solar PV- review/adjustment to meet state standards • Non- Residential or public/private EV charging stations-Project Type/ Permit Fee • ADU / JADU impact fee proportional relative to SFR fee structure CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The adoption of this Ordinance is exempt from CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378), of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
ATTACHMENTS:
Attachment A - Ordinance 22-19 - Building Standards Code Respectfully submitted,
ORDINANCE 22-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, MAKING FINDINGS UNDER CEQA, AMENDING TITLE
14 OF THE COVINA MUNICIPAL CODE AND ADOPTING BY
REFERENCE: CODES COMPRISING THE 2022 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PARTS 1 - 12), INCLUDING THE
CALIFORNIA ADMINISTRATIVE CODE (2022 EDITION), THE
CALIFORNIA BUILDING CODE VOLUMES 1 & 2 INCLUDING
APPENDICES B, D, F, I, J, N, O And P (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL BUILDING CODE), THE
CALIFORNIA RESIDENTIAL CODE INCLUDING APPENDICES AH,
AK, AL, AO, AR, AS, AU, AV, AW, AX, And AZ (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL
RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING
STANDARDS CODE (2022 EDITION), THE CALIFORNIA MECHANICAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021
UNIFORM MECHANICAL CODE), THE CALIFORNIA PLUMBING
CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021
UNIFORM PLUMBING CODE), THE CALIFORNIA ELECTRICAL
CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2020 NATIONAL ELECTRICAL CODE), THE CALIFORNIA FIRE CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021
INTERNATIONAL FIRE CODE), THE CALIFORNIA EXISTING
BUILDING CODE (2022 EDITION), THE CALIFORNIA ENERGY CODE (2022 EDITION), THE CALIFORNIA HISTORICAL BUILDING CODE (2022 EDITION), AND THE CALIFORNIA REFERENCED STANDARDS CODE (2022 EDITION); AND THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE, TOGETHER WITH CERTAIN ADDITIONS,
INSERTIONS, DELETIONS AND CHANGES THERETO
THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby makes the following findings:
A. The City of Covina (“City”) intends to adopt Codes comprising the 2022 California Building Standards Code (Title 24, Parts 1 - 12, of the California Code of Regulations), including the 2022 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Fire, Energy, Historical Building, Existing Building, Green Building Standards, and Referenced Standards Codes.
B. The City also intends to adopt the 2021 International Property Maintenance Code.
C. California Health and Safety Code Section 18938(b) provides that building standards adopted by the Building Standards Commission, including those contained in certain model codes and adopted by reference into the most recent edition of the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after publication in the California Building Standards Code by the California Building
Ordinance 22-19 Page 2 of 39
Standards Commission (the “Commission”) or at a later date after publication established by the Commission.
D. The California Building Standards Commission published the 2022 Edition of the California Building Standards Code on July 1, 2022, with an effective date of January 1, 2023, including the 2022 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, Green Building Standards, and Referenced Standards Codes incorporated into Title 24 of the California Code of Regulations as Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12, respectively.
E. California Government Code Section 50022.1, et seq. authorizes the City to adopt codes by reference, in whole or in part, as a primary code, and that the primary code may adopt by reference a secondary code, in whole or in part.
F. California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize cities and counties to modify the California Building Standards Code by adopting more restrictive building standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions.
G. The City held a public hearing on December XX, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes, as amended herein.
H. The City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 11, 2022, and November 18, 2022.Any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. Chapter 14.02 (“Adoption of Codes by Reference”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.02
ADOPTION OF CODES BY REFERENCE
Sections:
14.02.010 Adoption of codes by reference.
14.02.010 Adoption of codes by reference.
The city adopts by reference and makes part of this chapter, subject to those certain amendments set forth in Chapters 14.04 through 14.10 of the CMC, the following Codes (one copy of each is on file for use and examination by the public in the office of the City Clerk of the City of Covina):
Ordinance 22-19 Page 3 of 39
A. California Administrative Code (Part 1 of Title 24 of the California Code of Regulations), 2022 Edition;
B. California Building Code (Part 2 of Title 24 of the California Code of Regulations), 2022 Edition, including Volumes 1 and 2, and Appendices B, D, F, I, J, N, O and P.
C. California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), 2022 Edition, including Appendices AH, AK, AL, AO, AR, AS, AU, AV, AW, AX, and AZ D. California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), 2022 Edition;
E. California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations), 2022 Edition;
F. California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), 2022 Edition;
G. California Fire Code (Part 9 of Title 24 of the California Code of Regulations), 2022 Edition; H. California Energy Code (Part 6 of Title 24 of the California Code of Regulations), 2022 Edition;
I. California Historical Building Code (Part 8 of Title 24 of the California Code of Regulations), 2022 Edition;
J. California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), 2022 Edition;
K. California Referenced Standards Code (Part 12 of Title 24 of the California Code of Regulations), 2022 Edition;
L. California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), 2022 Edition.
M. International Property Maintenance Code 2021 Edition SECTION 4. Chapter 14.03 (“Administrative Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.03
ADMINISTRATIVE CODE
Sections:
14.03.010 2022 California Administrative Code adoption by reference.
14.03.010 2022 California Administrative Code adoption by reference.
Ordinance 22-19 Page 4 of 39
The city adopts the 2022 Edition of the California Administrative Code (Part 1 of Title 24 of the California Code of Regulations). Said code shall be and become the Covina Administrative Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” SECTION 5. Chapter 14.04 (“Building Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.04
BUILDING CODE
Sections:
14.04.010 2022 California Building Code adoption by reference.
14.04.020 Amendments to the 2022 California Building Code.
14.04.030 Section 101 – General – Amended - Referenced Codes.
14.04.040 Section 105 – Permits – Amended – Work exempt from permit.
14.04.050 Section 105 – Permits – Amended – Time limitation of application.
14.04.060 Section 105 – Permits – Amended – Expiration.
14.04.070 Section 107 – Submittal Documents – Amended – General.
14.04.080 Section 107 – Submittal Documents – Amended – Retention of construction documents.
14.04.090 Section 109 – Fees – Amended – Payment of fees.
14.04.100 Section 109 – Fees – amended – Schedule of permit fees.
14.04.110 Section 109 – Fees – Amended – Work commencing before permit issuance.
14.04.120 Section 109 – Fees – Amended – Refunds.
14.04.130 Section 111 – Certificate of Occupancy – Amended – Change of occupancy.
14.04.140 Section 111 – Certificate of Occupancy – Amended – Temporary occupancy.
14.04.150 Section 112 – Service Utilities – Amended – Temporary connection.
14.04.160 Section 113 – Board of Appeals – Amended.
14.04.170 Section 114 – Violations – Amended – Unlawful acts.
14.04.180 Section 114 – Violations – Amended – Violation penalties.
14.04.190 Section 114 – Violations – Amended – Legalizing procedures.
14.04.200 Appendix J – Grading – Amended.
14.04.210 Expedited review of small residential rooftop solar energy system permits.
14.04.220 Expedited permitting process for electric vehicle charging stations.
Ordinance 22-19 Page 5 of 39
14.04.010 2022 California Building Code adoption by reference.
The city adopts the 2022 Edition of the California Building Code, Volumes 1 and 2, including Appendices B, D, F, I, J, N, O and P together with the amendments provided in this chapter, for the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all non-residential buildings and/or structures in the city. Said code shall be and become the Covina Building Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.04.020 Amendments to the 2022 California Building Code.
The 2022 Edition of the California Building Code, including the Appendices adopted pursuant to CMC 14.04.010, is amended as set forth in CMC 14.04.030 through 14.04.220.
14.04.030 Section 101 – General – Amended - Referenced Codes.
Subsection 101.4 of Section 101 is amended to read as follows:
101.4 Referenced codes. Whenever any of the names or terms defined in this Section is used, each such name or term shall be deemed or construed to have the following meaning within the Covina Municipal Code:
‘Administrative Code’ shall mean Chapter 14.03 of the Covina Municipal Code. ‘Building Code’ shall mean Chapter 14.04 of the Covina Municipal Code. ‘Residential Code’ shall mean Chapter 14.05 of the Covina Municipal Code. ‘Electrical Code’ shall mean Chapter 14.06 of the Covina Municipal Code. ‘Mechanical Code’ shall mean Chapter 14.08 of the Covina Municipal Code. ‘Plumbing Code’ shall mean Chapter 14.10 of the Covina Municipal Code. ‘Fire Code’ shall mean Chapter 14.12 of the Covina Municipal Code. ‘Uniform Housing Code’ shall mean Chapter 14.14 of the Covina Municipal Code. ‘Uniform Code for the Abatement of Dangerous Buildings’ shall mean Chapter 14.16 of the Covina Municipal Code.
‘Elevator Safety Orders’ shall mean Chapter 14.22 of the Covina Municipal Code. ‘Technical Codes’ shall mean Chapters 14.03, 14.04, 14.05, 14.06, 14.08, 14.10, 14.12,
14.13, 14.14, 14.16, 14.18, 14.20, 14.24, 14.26, 14.28, 14.30, 14.32, 14.34 and 14.44 of the Covina Municipal Code.
14.04.040 Section 105 – Permits – Amended – Work exempt from permit.
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Subsection 105.2 is amended to read as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
Building:
One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2) and the height is no greater than 15 feet (4572 mm).
Masonry Fences or wall not over 6 feet (1829 mm) high.
Oil derricks.
Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III A liquids.
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.
Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and not part of an accessible route.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
Temporary motion picture, television and theater stage sets and scenery.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons ( 18,925 L) and are installed entirely above ground.
Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
Swings and other playground equipment accessory to detached one- and two-family dwellings.
Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
Walls constructed of masonry materials, including, but not limited to, brick, stone, block, and concrete that are 3 feet (914 mm) or less in height measured from the top of the footing to the top of the wall.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
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4. Low Voltage Systems: Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 1,200 watts of energy.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilating equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
14.04.050 Section 105 – Permits – Amended – Time limitation of application.
Subsection 105.3.2 is hereby amended to read as follows:
105.3.2 Time limitation for application. An application for which no permit is issued within 180 days following the date of application shall expire by limitation. Submittal documents and other data submitted for review may thereafter be destroyed as required by the City’s records retention schedule.
The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once.
An application shall not be extended if this code, or other pertinent laws or ordinances, have been amended after the date of application. In order to renew action on an application after expiration, the applicant shall resubmit submittal documents and pay a new plan review fee.
14.04.060 Section 105 – Permits – Amended – Expiration.
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Subsection 105.5 is hereby amended and Subsection 105.5.1 is hereby added to read as follows:
105.5 Expiration. Except as set forth in subsection 105.5.1, every permit issued for property within the City shall expire by limitation and become null and void as follows:
If work authorized by such permit is not commenced within 365 days from the issuance date of such permit.
If work authorized by such permit is commenced within 365 days from the issuance date of such permit, such permit shall expire by limitation and become null and void if the work authorized by such permit is suspended or abandoned. For purposes of this subsection, ‘suspended or abandoned’ shall mean that the permittee has, for a period of 180 days or longer after commencing the work authorized by such permit, failed to make substantial progress toward completion of the work, as determined by the Building Official after inspection. The building official may, in his or her discretion, grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
In the event of permit expiration, before work authorized pursuant by the expired permit can be commenced or recommenced, a new permit shall first be obtained (hereafter, a ‘renewal permit’). To obtain a renewal permit, the applicant may be required to resubmit plans and specifications, if deemed necessary by the building official and/or chief planning official. The applicant must pay all applicable fees, including, but not limited to, a plan check fee and building permit fees, in the amount then established by resolution of the city council. If renewal permits are applied for, a mandatory site inspection shall be performed by the Building and Safety Department to determine compliance of existing conditions and materials with this code. All work to be performed under a renewal permit must be performed in accordance with all applicable technical codes, regulations, laws, and ordinances in effect on the date of issuance of the renewal permit. Renewal permits are subject to expiration as set forth in paragraph 2 above.
In the event of permit expiration, any work performed under that permit is ‘unpermitted’ as defined in Section 114.1 of this code, and is subject to the legalization provisions of Section 114.5 of this code.
105.5.1 Expiration – Unpermitted structures or grading. Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an unpermitted structure or unpermitted grading (as defined in Sections 114.1.1 and 114.1.2 of this code) or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule, or regulation, such permit shall expire by limitation and become null and void 60 days after the date on which the permit was issued. The building official may, in his or her sole discretion, extend the validity of the permit for a period not exceeding 180 days beyond the initial 60 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit, if the building official determines that substantial progress has been made toward completing the work authorized by the permit.
Ordinance 22-19 Page 9 of 39
[NOTE: THIS MAY CONFLICT WITH H&SC SEC. 18938.5 AND 6]
14.04.070 Section 107 – Submittal Documents – Amended – General.
Subsection 107.1 is hereby amended to read as follows:
107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. Further, except for plans of a common interest development as defined in Section 4100 of the California Civil Code, plans need not be filed for:
1. Single or multiple dwellings not more than two stories and basement in height.
2. Garages and other structures appurtenant to buildings described under paragraph 1 above.
14.04.080 Section 107 – Submittal Documents – Amended – Retention of construction documents.
Subsection 107.5 is hereby amended to read as follows:
107.5 Retention of construction documents. The building official shall maintain an official copy, which may be on microfilm, electronic media, or other type of photographic copy, of approved construction documents for every building for a period not less than 180 days from date of completion of the permitted work, or as required by the City’s records retention requirements.
14.04.090 Section 109 – Fees – Amended – Payment of fees.
Subsection 109.1 is hereby amended to read as follows:
109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
When submittal documents are required by Section 107 of this code, a plan review fee shall be paid at the time of the submittal of the documents for plan review. Said plan review fees shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or structurally/architecturally changed after submittal,
Ordinance 22-19 Page 10 of 39
additional plan review fees shall be charged as established from time to time by resolution of the city council.
14.04.100 Section 109 – Fees – Amended – Schedule of permit fees.
Subsection 109.2 is hereby amended and Subsection 109.2.1 is hereby added to read as follows:
109.2 Schedule of permit fees. The fee for each permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations. 109.2.1 Fee waiver. The City Manager, or his or her designee, may waive plan review and/or permit fees for projects that meet one or more of the following criteria:
1. Housing rehabilitation project applications approved through the Covina Redevelopment Agency’s low-income housing program.
2. City projects when the contractor is expressly exempt, under the terms of the contract, from payment of such fees.
3. City projects when the permit applicant is an employee, official, or representative of the City acting in his/her official capacity.
4. Community Development Block Grant projects that have a disposition and development agreement or an economic agreement with the City.
5. Projects that utilize green building practices that meet or exceed the intent of an approved national, state, regional, or private standard, and the particular practices have been reviewed and approved by the City prior to permit application.
14.04.110 Section 109 – Fees – Amended – Work commencing before permit issuance.
Subsection 109.4 is hereby amended to read as follows:
109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established from time to time by resolution of the city council in addition to the required permit fees. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Sections 114.1.1 and 114.1.2 of this code, shall submit construction documents as set forth in Section 107 of this code.
14.04.120 Section 109 – Fees – Amended – Refunds.
Subsection 109.6 is hereby amended to read as follows:
109.6 Refunds. The building official may authorize the refund of any fee paid hereunder which was erroneously paid or collected.
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The building official may authorize refunding of not more than 80 percent of the permit, plan review, and energy fee paid when no work has been commenced under a permit, or when an application for a permit for which a plan review fee has been paid is withdrawn.
The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment.
14.04.130 Section 111 – Certificate of Occupancy – Amended – Change of occupancy.
Subsection 111.1 is amended to read as follows:
111.1 Change of occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, nor shall any person, firm, company, corporation or officer, agent, or employee thereof, permit or allow a building or structure to be used or occupied or a change in the existing occupancy classification of a building or structure or portion thereof to be made until the building official has issued a certificate of occupancy therefor as provided in this Section 111. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code.
14.04.140 Section 111 – Certificate of Occupancy – Amended – Temporary occupancy.
Subsection 111.3 is hereby amended to read as follows:
111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. The fee for issuance of each temporary certificate of occupancy shall be established by resolution of the city council and may be amended from time to time.
14.04.150 Section 112 – Service Utilities – Amended – Temporary connection.
Subsection 112.2 is hereby amended to read as follows:
112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. Each such method of temporary connection shall be submitted to the building official for review. The fee for review of each temporary connection of utilities application shall be established by resolution of the city council and may be amended from time to time.
14.04.160 Section 113 – Board of Appeals – Amended.
SECTION 6. Section 113 is hereby amended to read as follows:
Ordinance 22-19 Page 12 of 39
SECTION 113
BOARD OF APPEALS
113.1 General. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.04.160 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section. 113.2 Scope. Notwithstanding the provisions of the Technical Codes, an appeal is limited to the following orders, decisions, or determinations of the building official:
1. Denials of the proposed use of alternative materials, design, or method of construction, installation, and/or equipment;
2. Orders to Vacate and/or Not Enter a building, structure, or premises; however, such order shall not be stayed during the pendency of the appeal;
3. Orders to Demolish a building or structure; however, an order to vacate that may be issued in conjunction with the Order to Demolish shall not be stayed during the pendency of the appeal.
The right of appeal shall not exist for determinations of the building official, or his or her designee, that a violation of any provision of the Technical Codes exists in a building or structure, or portion thereof, or on any premises.
113.3 Appeal procedure.
1. Any person who is aggrieved by an order, decision, or determination of the building official, as provided in Section 113.1 of this code, may appeal said order, decision, or determination. Such appeal shall be in writing and must be filed with the city clerk within 10 business days from the date of service of the order, decision, or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. Appeals shall be scheduled in the manner set forth in Section 1.26.090 of the Covina Municipal Code. If a timely appeal is not received by the city clerk, the right to appeal is waived and the order, decision, or determination of the building official is deemed final and binding.
2. Appeals shall be heard before an impartial hearing officer, designated by the public works director, or his/her designee. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. The order, decision, or determination of the building official shall be prima facie evidence of the violation.
The hearing officer may affirm, modify, or rescind the order, decision, or determination of the building official. Appeals before a hearing officer shall be conducted, and decisions shall be issued, in the manner set forth in Section 1.26.100 of the Covina Municipal Code.
3. Any person who is aggrieved by the decision of the hearing officer may appeal said decision to the Board of Appeals. Such appeal shall be in writing, must be filed in the same manner within the same time period, and contain the same information,
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as an appeal to the hearing officer, as provided in paragraph 1 above. A second appeal fee must accompany the written appeal. If a timely appeal is not received by the city clerk, the decision of the hearing officer is deemed final and binding.
Failure to appeal a decision to the Board of Appeals shall constitute a failure to exhaust the aggrieved person’s administrative remedy.
4. Appeals before the Board of Appeals shall be public, but shall otherwise be scheduled and conducted, and decisions shall be issued, in the same manner as an appeal before the hearing officer.
113.4 Board of Appeals.
1. The Board of Appeals shall consist of 3 members of the City of Covina Planning Commission, who shall be appointed by majority vote of the city council. Each member of the Board of Appeals shall serve for a term of 2 years, after which any member may be reappointed by the city council. There shall be no limit to the number of terms a member of the Board of Appeals may serve. Each member of the Board of Appeals shall serve at the pleasure of the city council and may be removed, at any time, by majority vote of the city council.
2. A vacancy shall occur on the Board of Appeals where, prior to the expiration of a member’s then current term, one of the following occurs:
2.1. A member is unable to carry out the duties of the office, whether due to illness, absence, incapacity, or other circumstance;
2.2. A member voluntarily resigns from the Board of Appeals;
2.3. A member is removed from the Board of Appeals by the city council; or
2.4. A member is no longer qualified to sit on the Board of Appeals because he or she no longer serves on the City of Covina Planning Commission.
If a vacancy occurs on the Board of Appeals, it shall be filled by the appointment of an interim member, by majority vote of the city council, who shall serve for the remainder of the departing member’s term.
113.5 Limitation on authority of Board of Appeals. The Board of Appeals shall have no authority to waive the technical requirements of the this code or other Technical Codes adopted in Title 14 of the Covina Municipal Code.
14.04.170 Section 114 – Violations – Amended – Unlawful acts.
Subsection 114.1 is hereby amended and Subsections 114.1.1 and 114.1.2 are hereby added to read as follows:
114.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by the Technical Codes, or cause or
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permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.
114.1.1 Unpermitted structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, ‘unpermitted structure’ shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void. 114.1.2 Unpermitted grading. No person shall own, use, occupy, or maintain unpermitted grading. For purposes of this subsection, ‘unpermitted grading’ shall be defined as any land which has been excavated, cut, filled, graded, compacted, or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
14.04.180 Section 114 – Violations – Amended – Violation penalties.
Subsection 114.4 is hereby amended to read as follows:
114.4 Violation Penalties. Any person, firm, or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs, or maintains a building, structure, installation, or equipment, or excavates, cuts, fills, grades, compacts, or maintains land in violation of approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 1.16 of the Covina Municipal Code.
Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.
14.04.190 Section 114 – Violations – Amended – Legalizing procedures.
Subsection 114.5 is hereby added to read as follows:
114.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections 114.5.1 through 114.5.6 of this code shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading. 114.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in subsections 114.1.1 and 114.1.2 of this code, shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Codes requirements and other required approvals pursuant to the Covina Municipal Code in order to be legalized.
Permits obtained to legalize unpermitted structures or grading shall expire as set forth in subsection 105.5.1 of this code.
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114.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures proposed structures, and proposed finish materials shall be submitted to the chief planning official and the building official for review and approval. 114.5.3 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the chief planning official, building official, and city engineer for review and approval.
114.5.4 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the building official in accordance with, and in the manner prescribed in, the Technical Codes. The building official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
114.5.5 Investigation. Whenever any work for which a permit is required by this code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, ‘special investigation’ shall include, but is not limited to, inspecting premises and structures, reviewing permit, license, and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
14.5.5.1 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be equal to the amount of time expended by City officials in undertaking the special investigation, as defined in subsection 114.5.5 of this code, charged at the hourly rate that has been established by resolution of the city council for recovery of code enforcement fees pursuant to Section 1.28.020.
The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law.
114.5.6 Unpermitted structures or grading which cannot be legalized.
1. If the chief planning official determines that the City’s zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
2. If the building official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Codes requirements, the
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structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
3. If the building official and/or city engineer determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Codes requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.
14.04.200 Appendix J – Grading – Amended.
For purposes of Appendix J, the term ‘building official’ shall mean ‘building official or city engineer’.
14.04.210 Expedited review of small residential rooftop solar energy system permits.
A. Definitions.
1. “Electronic submittal” shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(J)(2), as the same may be amended from time to time.
2. “Small residential rooftop solar energy system” shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(J)(3), as the same may be amended from time to time.
B. Small Residential Rooftop Solar Energy System Standard Plan and Permit Application Checklist.
1. The city shall adopt standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The small residential rooftop solar system standard plan(s) and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
2. All documents required for the submission of a small residential rooftop solar energy system permit application, the standard plan(s), and checklist(s) shall be made available on the publicly accessible city website.
3. Electronic permit applications shall be submitted through the method of electronic submittal specified by the building official and shall be available to all small residential rooftop solar energy system permit applicants. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
C. Permit Application Review.
1. An application that satisfies the information requirements in the checklist(s) and standard plan(s) shall be deemed complete.
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2. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
3. The building official shall issue a building permit for any complete application that meets the requirements of the approved checklist(s) and standard plan(s) as follows:
within three business days for any application, or as soon thereafter as may be practicable. Review of the application shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.
4. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
D. Inspection Requirements.
1. Inspection requests may be submitted by electronic submittal, as required by the building official.
2. Only one inspection shall be required and performed by the building official for small residential rooftop solar energy systems eligible for expedited review.
3. The inspection shall be done in a timely manner. The building official shall use its best efforts to schedule an inspection within two business days of a request and provide a two-hour inspection window.
4. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section.
E. Fees. Fees for permits and inspections associated with this chapter may be established by resolution of the city council.
14.04.220 Expedited permitting process for electric vehicle charging stations.
A. Applicability. This section applies to applications for expedited building permits for electric vehicle charging stations consistent with California Government Code Section 65850.7.
B. Definitions. The following definitions shall apply for purposes of this section:
1. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code, as it read on January 1, 2022, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.
2. “Electronic submission” means a submission of an application utilizing email, the internet, and/or facsimile transmission.
3. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete.
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C. Process.
1. The building official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” found in the “Zero-Emission Vehicles in California:
Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The checklist, application form, and any other documents required by the building official shall be published on the city’s website.
2. Anyone seeking to install an electric vehicle charging station at any site within the city shall apply to the building official for an expedited nondiscretionary building permit.
3. An application for an expedited building permit for an electric vehicle charging station, and all associated documentation, may be submitted to the building official in person, by mail, or by electronic submission. Electronic signatures may be used in lieu of wet signatures.
4. An application that, in the opinion of the building official, satisfies the information requirements of the checklist adopted by the city shall be deemed complete.
5. If an application for an expedited building permit is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application.
6. If the building official determines that an application for an expedited building permit is complete, the building official shall review the application. If the building official determines that the proposed charging station meets all health and safety requirements of state and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.
7. If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the city may require the applicant to apply for an electric vehicle charging station use permit in order to install the proposed charging station.
8. An application for an electric vehicle charging station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the building official’s basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Section 65850.7, the building official’s review shall be limited to health and safety issues.
Aesthetic concerns or other items not related to public health or safety may not be considered.
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9. A decision of the building official made pursuant to subsections (C)(6) through (8) of this section may be appealed to the planning commission. The planning commission’s review shall also be limited to health and safety issues.
10. Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
D. Fees. The city council may establish by resolution fees that shall be charged for permits issued under this section.”
SECTION 7. Chapter 14.05 (“Residential Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows “Chapter 14.05
RESIDENTIAL CODE
Sections:
14.05.010 2022 California Residential Code adoption by reference.
14.05.020 Amendments to the 2022 California Residential Code.
14.05.030 Section R105 – Permits – Amended – Work exempt from permit.
14.05.040 Section R105 – Permits – Amended – Time limitation for application.
14.05.050 Section R105 – Permits – Amended – Expiration.
14.05.060 Section R106 – Construction Documents – Amended – Submittal documents.
14.05.070 Section R106 – Construction Documents – Amended – Retention of construction documents.
14.05.080 Section R108 – Fees – Amended.
14.05.090 Section R110 – Certificate of Occupancy – Amended – Use and occupancy.
14.05.100 Section R110 – Certificate of Occupancy – Amended – Temporary occupancy.
14.05.110 Section R111 – Service Utilities – Amended – Temporary connection.
14.05.120 Section R112 – Board of Appeals – Amended.
14.05.130 Section R113 – Violations – Amended – Unlawful acts.
14.05.140 Section R113 – Violations – Amended – Violation penalties.
14.05.150 Section R113 – Violations – Amended – Legalizing procedures.
14.05.160 Appendix AX – Swimming Pool Safety Act – Amended – Construction permit; safety features required.
14.05.010 2022 California Residential Code adoption by reference.
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The City adopts the 2022 Edition of the California Residential Code, including Appendices AH, AK, AL, AO, AR, AS, AU, AV, AW, AX, and AZ, together with the amendments provided in this chapter, for the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of residential buildings and their accessory structures within the city. Said code shall be and become the Covina Residential Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.05.020 Amendments to the 2022 California Residential Code.
The 2022 Edition of the California Residential Code is amended as set forth in CMC 14.05.030 through 14.05.160.
14.05.030 Section R105 – Permits – Amended – Work exempt from permit.
Subsection R105.2 is hereby amended to read as follows:
R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2) and the height is no greater than 15 feet (4572 mm).
2. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2 to 1.
3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and not part of an accessible route.
4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
5. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
6. Swings and other playground equipment.
7. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
8. Decks not exceeding 200 square feet (18.59 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
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9. Walls constructed of masonry materials, including, but not limited to, brick, stone, block and concrete that are 3 feet or less in height measured from the top of the footing to the top of the wall.
Electrical:
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets therefor.
3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
Portable heating appliances.
Portable ventilation appliances.
Portable cooling units.
Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Portable evaporative coolers.
Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
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Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
14.05.040 Section R105 – Permits – Amended – Time limitation for application.
Subsection R105.3.2 is hereby amended to read as follows:
R105.3.2 Time limitation of application. An application for which no permit is issued within 180 days following the date of application shall expire by limitation. Submittal documents and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official.
The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once.
An application shall not be extended if this code, or other pertinent laws or ordinances, have been amended after the date of application. In order to renew action on an application after expiration, the applicant shall resubmit submittal documents and pay a new plan review fee.
14.05.050 Section R105 – Permits – Amended – Expiration.
Subsection R105.5 is hereby amended and Subsection R105.5.1 is hereby added to read as follows:
R105.5 Expiration. Except as set forth in Section R105.5.1, every permit issued for property within the City shall expire by limitation and become null and void as follows:
1. If work authorized by such permit is not commenced within 365 days from the issuance date of such permit.
2. If work authorized by such permit is commenced within 365 days from the issuance date of such permit, such permit shall expire by limitation and become null and void if the work authorized by such permit is suspended or abandoned. For purposes of this subsection, ‘suspended or abandoned’ shall mean that the permittee has, for a period of 180 days or longer after commencing the work authorized by such permit, failed to make substantial progress toward completion of the work, as determined by the building official after inspection. The building official may, in his or her discretion, grant, in writing, one or more extensions of time, for periods
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of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
3. In the event of permit expiration, before work authorized pursuant by the expired permit can be commenced or recommenced, a new permit shall first be obtained (hereafter, a ‘renewal permit’). To obtain a renewal permit, the applicant may be required to resubmit plans and specifications, if deemed necessary by the building official and/or chief planning official. The applicant must pay all applicable fees, including, but not limited to, a plan check fee and building permit fees, in the amount then established by resolution of the city council. If renewal permits are applied for, a mandatory site inspection shall be performed by the Building and Safety Department to determine compliance of existing conditions and materials with this code. All work to be performed under a renewal permit must be performed in accordance with all applicable technical codes, regulations, laws, and ordinances in effect on the date of issuance of the renewal permit. Renewal permits are subject to expiration as set forth in paragraph 2, above.
4. In the event of permit expiration, any work performed under that permit is ‘unpermitted’ as defined in Section R113.1 of this code, and is subject to the legalization provisions of Section R113.5 of this code.
R105.5.1 Expiration – Unpermitted structures or grading. Notwithstanding any provision of Section R105.5, if a building permit was issued in order to bring an unpermitted structure or unpermitted grading (as defined in Sections R113.1.1 and R113.1.2 of this code) or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void 180 days after the date on which the permit was issued. The building official may, in his or her sole discretion, extend the validity of the permit for a period not exceeding 180 days beyond the initial 180 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit, if the building official determines that substantial progress has been made toward completing the work authorized by the permit.
14.05.060 Section R106 – Construction Documents – Amended – Submittal documents.
Subsection R106.1 is hereby amended to read as follows:
R106.1 Submittal documents. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. Further,
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except for plans of a common interest development as defined in Section 4100 of the California Civil Code, plans need not be filed for:
1. Single or multiple dwellings not more than two (2), one stories max in height.
2. Garages and other structures appurtenant to buildings described under paragraph 1 above.
14.05.070 Section R106 – Construction Documents – Amended – Retention of construction documents.
Subsection R106.5 is hereby amended to read as follows:
R106.5 Retention of construction documents. The building official shall maintain an official copy, which may be on microfilm, electronic media, or other type of photographic copy, of the plans of every building, during the life of the building, for which a permit was issued.
14.05.080 Section R108 – Fees – Amended.
Section R108 is hereby amended to read as follows:
SECTION R108
FEES
R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall any amendment to a permit be released until the additional fee, if any, has been paid.
When submittal documents are required by Section R106 of this code, a plan review fee shall be paid at the time of the submittal of the documents for plan review. Said permit and plan review fees shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or structurally/architecturally changed after submittal, additional plan review fees shall be charged as established by resolution of the city council.
R108.2 Schedule of permit fees. The fee for each permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
R108.2.1 Fee Waiver. The City Manager, or his or her designee, may waive plan review and/or permit fees for projects that meet one or more of the following criteria:
1. Housing rehabilitation project applications approved through the Covina Redevelopment Agency’s low-income housing program.
2. City projects when the contractor is expressly exempt, under the terms of the contract, from payment of such fees.
3. City projects when the permit applicant is an employee, official, or representative of the City acting in his/her official capacity.
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4. Community Development Block Grant projects that have a disposition and development agreement or an economic agreement with the City.
5. Projects that utilize green building practices that meet or exceed the intent of an approved national, state, regional, or private standard and the particular practices have been reviewed and approved by the City prior to permit application.
R108.3 Building permit valuations. Building permit valuations shall include total value of the work for which a permit is being issued, such electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.
R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
R108.5 Refunds. The building official may authorize the refund of any fee paid hereunder which was erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit, plan review, and energy fee paid when no work has been commenced under a permit, or when an application for a permit for which a plan review fee has been paid is withdrawn.
The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment.
R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established from time to time by resolution of the city council that shall be in addition to the required permit fees.
Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Sections R113.1.1 and R113.1.2 of this code, shall submit construction documents as set forth in Section R106 of this code.
14.05.090 Section R110 – Certificate of Occupancy – Amended – Use and occupancy.
Subsection R110.1 is hereby amended to read as follows:
R110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, nor shall any person, firm, company, corporation or officer, agent, or employee thereof, permit or allow a building or structure to be used or occupied or a change in the existing occupancy classification of a building or structure or portion thereof to be made until the building official has issued a certificate of occupancy therefor as provided in this Section R110. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city.
Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the city shall not be valid.
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14.05.100 Section R110 – Certificate of Occupancy – Amended – Temporary occupancy.
Subsection R110.4 is hereby amended to read as follows:
R110.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. The fee for issuance of each temporary certificate of occupancy shall be established by resolution of the city council and may be amended from time to time.
14.05.110 Section R111 – Service Utilities – Amended – Temporary connection.
Subsection R111.2 is hereby amended to read as follows:
R111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. Each such method of temporary connection shall be submitted to the building official for review. The fee for review of each temporary connection of utilities application shall be established by resolution of the city council and may be amended from time to time.
14.05.120 Section R112 – Board of Appeals – Amended.
Section R112 is hereby amended to read as follows:
SECTION R112
BOARD OF APPEALS
R112.1 General. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.05.120 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.
R112.2 Scope of appeal. Notwithstanding the provisions of the Technical Codes, an appeal is limited to the following orders, decisions, or determinations of the building official:
1. Denials of the proposed use of alternative materials, design, or method of construction, installation, and/or equipment;
2. Orders to Vacate and/or Not Enter a building, structure, or premises; however, such order shall not be stayed during the pendency of the appeal;
3. Orders to Demolish a building or structure; however, an order to vacate that may be issued in conjunction with the Order to Demolish shall not be stayed during the pendency of the appeal.
The right of appeal shall not exist for determinations of the building official, or his or her designee, that a violation of any provision of the Technical Codes exists in a building or structure, or portion thereof, or on any premises.
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R112.3 Appeal procedure.
1. Any person who is aggrieved by an order, decision, or determination of the building official as provided in Section 112.1 of this code, may appeal said order, decision, or determination. Such appeal shall be in writing and must be filed with the city clerk within 10 business days from the date of service of the order, decision, or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. Appeals shall be scheduled in the manner set forth in Section 1.26.090 of the Covina Municipal Code. If a timely appeal is not received by the city clerk, the right to appeal is waived and the order, decision, or determination of the building official is deemed final and binding.
2. Appeals shall be heard before an impartial hearing officer, designated by the public works director, or his/her designee. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. The order, decision, or determination of the building official shall be prima facie evidence of the violation.
The hearing officer may affirm, modify, or rescind the order, decision, or determination of the building official. Appeals before a hearing officer shall be conducted, and decisions shall be issued, in the manner set forth in Section 1.26.100 of the Covina Municipal Code.
3. Any person who is aggrieved by the decision of the hearing officer may appeal said decision to the Board of Appeals. Such appeal shall be in writing, must be filed in the same manner within the same time period, and contain the same information, as an appeal to the hearing officer, as provided in paragraph 1 above. A second appeal fee must accompany the written appeal. If a timely appeal is not received by the city clerk, the decision of the hearing officer is deemed final and binding.
Failure to appeal a decision to the Board of Appeals shall constitute a failure to exhaust the aggrieved person’s administrative remedy.
4. Appeals before the Board of Appeals shall be public, but shall otherwise be scheduled and conducted, and decisions shall be issued, in the same manner as an appeal before the hearing officer.
R112.4 Board of Appeals.
1. The Board of Appeals shall consist of 3 members of the City of Covina Planning Commission, who shall be appointed by majority vote of the city council. Each member of the Board of Appeals shall serve for a term of 2 years, after which any member may be reappointed by the city council. There shall be no limit to the number of terms a member of the Board of Appeals may serve. Each member of the Board of Appeals shall serve at the pleasure of the city council and may be removed, at any time, by majority vote of the city council.
2. A vacancy shall occur on the Board of Appeals where, prior to the expiration of a member’s then current term, one of the following occurs:
Ordinance 22-19 Page 28 of 39
2.1 A member is unable to carry out the duties of the office, whether due to illness, absence, incapacity, or other circumstance;
2.2 A member voluntarily resigns from the Board of Appeals;
2.3 A member is removed from the Board of Appeals by the city council; or
2.4 A member is no longer qualified to sit on the Board of Appeals because he or she no longer serves on the City of Covina Planning Commission.
If a vacancy occurs on the Board of Appeals, it shall be filled by the appointment of an interim member, by majority vote of the city council, who shall serve for the remainder of the departing member’s term.
R112.5 Limitation on authority of board of appeals. The Board of Appeals shall have no authority to waive the technical requirements of this code or other Technical Codes adopted in Title 14 of the Covina Municipal Code.
14.05.130 Section R113 – Violations – Amended – Unlawful acts.
Subsection R113.1 is hereby amended and Subsections R113.1.1 and R113.1.2 are hereby added to read as follows:
R113.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by this code, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of this code.
R113.1.1 Unpermitted structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, ‘unpermitted structure’ shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
R113.1.2 Unpermitted grading. No person shall own, use, occupy, or maintain unpermitted grading. For purposes of this subsection, ‘unpermitted grading’ shall be defined as any land which has been excavated, cut, filled, graded, compacted, or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
14.05.140 Section R113 – Violations – Amended – Violation penalties.
Subsection R113.4 is hereby amended to read as follows:
R113.4 Violation penalties. Any person, firm, or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs, or maintains a building, structure, installation, or equipment, or excavates, cuts, fills, grades, compacts, or maintains land in violation of
Ordinance 22-19 Page 29 of 39
approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 1.16 of the Covina Municipal Code.
Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.
14.05.150 Section R113 – Violations – Amended – Legalizing procedures.
Subsection R113.5 is hereby added to read as follows:
R113.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections R113.5.1 through R113.5.6 of this code shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading.
R113.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in subsections R113.1.1 and R113.1.2 of this code, shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Codes requirements and other required approvals pursuant to the Covina Municipal Code in order to be legalized.
Permits obtained to legalize unpermitted structures or grading shall expire as set forth in subsection R105.5.1 of this code.
R113.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures proposed structures, and proposed finish materials shall be submitted to the chief planning official and building official for review and approval.
R113.5.3 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the chief planning official, building official, and city engineer for review and approval.
R113.5.4 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the building official in accordance with, and in the manner prescribed in, the Technical Codes. The building official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
R113.5.5 Investigation. Whenever any work for which a permit is required by this code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, ‘special investigation’ shall include, but is not limited to, inspecting premises and structures, reviewing permit, license, and other records of the City or other agencies, reviewing plans, taking photographs,
Ordinance 22-19 Page 30 of 39
engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
R113.5.5.1 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be equal to the amount of time expended by city officials in undertaking the special investigation, as defined in subsection R113.5.5 of this code, charged at the hourly rate that has been established by resolution of the city council for recovery of code enforcement fees pursuant to Section 1.28.020.
The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law.
R113.5.6 Unpermitted structures or grading which cannot be legalized.
1. If the chief planning official determines that the City’s zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
2. If the building official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
3. If the building official and/or city engineer determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Codes requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.
14.05.160 Appendix AX – Swimming Pool Safety Act – Amended – Construction permit; safety features required.
Subsection 115922 of Section AX100 is hereby amended to read as follows:
115922. Construction permit; safety features required.
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with feature # 1 below and at least one other drowning prevention safety features below:
1. An enclosure that meets the requirements of Section 115921(c) and isolates the swimming pool or spa from the private single-family home.
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2. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is selfclosing and self-latching and can accommodate a key lockable device.
3. An approved safety pool cover, as defined in Section 115921(d).
4. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”
5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.
6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified by the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
7. Other means of protection, if the degree of protection afforded it equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).
(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.”
SECTION 7. Chapter 14.06 (“Electrical Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.06
ELECTRICAL CODE
Sections:
14.06.010 2022 California Electrical Code adoption by reference.
14.06.020 Amendments to the 2022 California Electrical Code.
14.06.030 Section 89.108. – Department of Housing and Community Development - Amended – Fees.
14.06.040 Section 89.108 - Department of Housing and Community Development - Amended – Appeals board.
Ordinance 22-19 Page 32 of 39
14.06.050 Section 89.108 - Department of Housing and Community Development - Amended – Actions and proceedings.
14.06.010 2022 California Electrical Code adoption by reference.
The City adopts the 2022 Edition of the California Electrical Code, together with the amendments provided in this chapter, for the purpose of regulating all installation, arrangement, alteration, repair, use, and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the city.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.06.020 Amendments to the 2022 California Electrical Code.
The 2022 Edition of the California Electrical Code is amended as set forth in CMC 14.06.030 through 14.06.050.
14.06.030 Section 89.108. – Department of Housing and Community Development - Amended – Fees.
Subsection 89.108.4.2 is hereby amended and Subsection 89.108.4.2.1 is hereby added to read as follows:
89.108.4.2 Permit fees. A fee for each electrical permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
89.108.4.2.1 Plan Review Fees. A fee for each plan review shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or the design is changed after submittal, additional plan review fees shall be charged as established by resolution of the city council.
14.06.040 Section 89.108 - Department of Housing and Community Development - Amended – Appeals board.
Subsection 89.108.8 is hereby amended to read as follows:
89.108.8 Appeals. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.04.160 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.
14.06.050 Section 89.108 - Department of Housing and Community Development - Amended – Actions and proceedings.
Subsection 89.108.9.2 is hereby amended to read as follows:
89.108.9.2 Violations and Penalties. Any person, firm, or corporation violating any provisions of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with Chapter 1.16 of the Covina Municipal Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an
Ordinance 22-19 Page 33 of 39
approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which is authorized is lawful.” SECTION 8. Chapter 14.08 (“Mechanical Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.08
MECHANICAL CODE
Sections:
14.08.010 2022 California Mechanical Code adoption by reference.
14.08.020 Amendments to the 2022 California Mechanical Code.
14.08.030 Section 104.0 –Permits – Amended – Fees.
14.08.040 Section 106.0 – Violations and Penalties – Amended – Penalties.
14.08.050 Section 107.0 – Board of Appeals – Amended.
14.08.010 2022 California Mechanical Code adoption by reference.
The City adopts the 2022 Edition of the California Mechanical Code, together with the amendments provided in this chapter, for the purpose of regulating all related installations, arrangements, alterations, repairs, uses, and other operations of mechanical systems, appliances, and apparatus on premises within the city.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.08.020 Amendments to the 2022 California Mechanical Code.
The 2022 Edition of the California Mechanical Code is amended as set forth in CMC 14.08.030 through 14.08.050.
14.08.030 Section 104.0 –Permits – Amended – Fees.
Subsection 104.5 is hereby amended to read as follows:
104.5 Permit and Plan Review Fees. A fee for each mechanical permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
A fee for each mechanical plan review shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or the design changed after submittal, additional plan review fees shall be charged as established by resolution of the city council.
14.08.040 Section 106.0 – Violations and Penalties – Amended – Penalties.
Subsection 106.3 is hereby amended to read as follows:
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106.3 Violations and Penalties. Any person, firm, or corporation violating any provisions of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with Chapter 1.16 of the Covina Municipal Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which is authorized is lawful.
14.08.050 Section 107.0 – Board of Appeals – Amended.
Subsection 107.0 is hereby amended to read as follows:
107.0 Board of Appeals.
107.1 Appeals. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.04.160 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.” SECTION 9. Chapter 14.10 (“Plumbing Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.10
PLUMBING CODE
Sections:
14.10.010 2022 California Plumbing Code adoption by reference.
14.10.020 Amendments to 2022 California Plumbing Code.
14.10.030 Section 104.5 – Fees - Amended.
14.10.040 Section 106.0 – Violations and Penalties - Amended – Penalties.
14.10.050 Section 107.0 – Board of Appeals – Amended.
14.10.010 2022 California Plumbing Code adoption by reference.
The city adopts the 2022 Edition of the California Plumbing Code, together with the amendments provided in this chapter, for the purpose of regulating the erection, installation, alteration, repair, relocation, replacement, maintenance, or use of plumbing systems within the city.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
14.10.020 Amendments to 2022 California Plumbing Code.
The 2022 Edition of the California Plumbing Code is amended as set forth in CMC 14.10.030 through 14.10.050.
14.10.030 Section 104.5 – Fees - Amended.
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Subsection 104.5 is hereby amended to read as follows:
104.5 Permit and Plan Review Fees. A fee for each plumbing permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
A fee for each plan review shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or the design changed after submittal, additional plan review fees shall be charged as established by resolution of the city council.
14.10.040 Section 106.0 – Violations and Penalties - Amended – Penalties.
Subsection 106.3 is hereby amended to read as follows:
106.3 Violations and penalties. Any person, firm or corporation violating any provisions of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof shall be punishable in accordance with chapter 1.16 of this Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which is authorized is lawful.
14.10.050 Section 107.0 – Board of Appeals – Amended.
Subsection 107.0 is hereby amended to read as follows:
107.0 Board of Appeals.
107.1 Appeals. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.04.160 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.” SECTION 10. Chapter 14.12 (“Fire Code” ) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.12
FIRE CODE
Sections:
14.12.010 2022 California Fire Code adoption by reference.
14.12.010 2022 California Fire Code adoption by reference.
The city adopts the 2022 California Fire Code. Said code shall be and become the Covina Fire Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.”
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SECTION 11. Chapter 14.24 (“Green Building Standards Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.24
GREEN BUILDING STANDARDS CODE
Sections:
14.24.010 2022 California Green Building Standards Code adoption by reference.
14.24.010 2022 California Green Building Standards Code adoption by reference.
The city adopts the 2022 California Green Building Standards Code. Said code shall be and become the Covina Green Building Standards Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” Chapter 14.26 (“Existing Building Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.26
EXISTING BUILDING CODE
Sections:
14.26.010 2022 California Existing Building Code adoption by reference.
14.26.010 2022 California Existing Building Code adoption by reference.
The city adopts the 2022 California Existing Building Code. Said code shall be and become the Covina Existing Building Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” SECTION 12. Chapter 14.28 (“Energy Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.28
ENERGY CODE
Sections:
14.28.010 2022 California Energy Code adoption by reference.
14.28.010 2022 California Energy Code adoption by reference.
The city adopts the 2022 California Energy Code. Said code shall be and become the Covina Energy Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.”
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SECTION 13. Chapter 14.30 (“Historical Building Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.30
HISTORICAL BUILDING CODE
Sections:
14.30.010 2022 California Historical Building Code adoption by reference.
14.30.010 2022 California Historical Building Code adoption by reference.
The city adopts the 2022 California Historical Building Code. Said code shall be and become the Covina Historical Building Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” SECTION 14. Chapter 14.32 (“Referenced Standards Code”) of Title 14 (“Buildings and Construction”) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 14.32
REFERENCED STANDARDS CODE
Sections:
14.32.010 2022 California Referenced Standards Code adoption by reference.
14.32.010 2022 California Referenced Standards Code adoption by reference.
The city adopts the 2022 California Referenced Standards Code. Said code shall be and become the Covina Referenced Standards Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.” SECTION 15. A new Chapter 14.36 (“International Property Maintenance Code” ) is hereby added to Title 14 (“Buildings and Construction”) of the Covina Municipal Code to read as follows:
“Chapter 14.36
INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:
14.36.010 2021 International Property Maintenance Code adoption by reference.
14.36.010 2021 International Property Maintenance Code adoption by reference.
The city adopts the 2021 International Property Maintenance Code. Said code shall be and become the Covina Property Maintenance Code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.”
Ordinance 22-19 Page 38 of 39
SECTION 16. All inconsistencies between the Building Code, Residential Code, Electrical Code, Mechanical Code, and Plumbing Code as adopted by this Ordinance and Parts 2,
2.5, 3, 4, and 5, respectively, of Title 24 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7.
SECTION 17. The numbering of the most recent editions of the California Building Standards Code has been completely revised from earlier editions. All references to the uniform codes in the Covina Municipal Code that are not amended by this Ordinance or a subsequently enacted ordinance shall refer instead to the successor section or sections contained in the 2022 Edition of the California Building Standards Code, as adopted and amended by the City in Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 of Title 24 of the California Code of Regulations.
SECTION 18. The City Council hereby finds that the proposed amendments to the 2022 Editions of the California Building Code, California Electrical Code, California Mechanical Code, and California Plumbing Code, and the majority of the amendments to the 2022 Edition of the California Residential Code, that have been enacted by this Ordinance are merely a continuation of similar changes and modifications made to earlier editions of such uniform codes, and all of such changes and modifications, whether previously enacted or enacted in this Ordinance, are necessary for administrative clarification, do not modify a building standard pursuant to California Health and Safety Code Sections 17958, 17985.7, and/or 18941.5, and therefore do not require findings pertaining to local climatic, geological, or topographical conditions to justify such modifications. These amendments establish administrative standards for the effective enforcement of the building standards in the City of Covina.
SECTION 19. The City Council hereby finds that certain changes and modifications to the 2022 Edition of the California Residential Code, incorporated into Part 2.5 of the California Code of Regulations, that have been enacted by this Ordinance are merely a continuation of similar changes and modifications made to earlier editions of such uniform codes, and all of such changes and modifications, whether previously enacted or enacted in this Ordinance, are reasonably necessary because of local climatic, geologic, and topographic conditions. In particular, the modifications to this code are reasonably necessary because of the local climate, which is characterized by hot dry summers, followed by strong Santa Ana winds and heavy winter rains, which make structures particularly vulnerable to rapidly spreading, wind-driven fires and earth movement. Furthermore, the City is located near and over historic and active earthquake faults, which require that special safety precautions be taken. Third, portions of the City are located among steeply sloping, hilly areas, which can create hazardous building conditions. The specific conditions and code sections added or amended based on those conditions are set forth in Exhibit “A,” attached hereto and incorporated herein by this reference.
SECTION 20. Prior Ordinances Repealed. Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance and the codes herein adopted by reference, including, without limitation, Ordinance No. 19-10, and any other ordinance or portions thereof in conflict herewith are hereby repealed and declared to be of no further force and effect.
SECTION 21. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portion of this Ordinance or
Ordinance 22-19 Page 39 of 39
any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or void.
SECTION 22. Certification. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passes and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is designated for that purpose.
PASSED, APPROVED and ADOPTED this 6
th day of December, 2022.
City of Covina, California
BY: ___________________________________
PATRICIA CORTEZ, Mayor
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 22-19 was introduced for first reading at a regular meeting on the 1 st day of November, 2022. Thereafter,
said Ordinance was duly approved and adopted at a regular meeting of said City Council on the 6 th day of December, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
__________________________________________
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-19 Exhibit A
EXHIBIT “A”
BUILDING CODE AMENDMENTS
CBSC Code Sections Condition Explanation of Amendment
101.4, 105.3.2, 105.5,
105.5.1, 107.1, 107.5,
109.1, 109.2, 109.4,
109.6, 111.1, 111.3,
112.2, 113, 114.1, 114.4,
114.5, Appendix J
Administrative
105.2 Administrative Revised items 1 and 2 under
“Building” for consistency with the
City’s Zoning Code development
standards, which limit detached
accessory structures to 15 feet in
height and fence heights to 6 feet. ,
Permits Required for ALL Masonry
Block walls, wood, vinyl , wrought
iron fences.
RESIDENTIAL CODE AMENDMENTS
CBSC Code Section Condition Explanation of Amendment
R105.2 Administrative Revised items 1 and 2 under
“Building” for consistency with the
City’s Zoning Code development
standards, which limit detached
accessory structures to 15 feet in
height and fence heights to 6 feet.
R105.3.2, R105.5,
R105.5.1, R106.1,
R106.5, R108, R110.1,
R110.4, R111.2, R112,
R113.1, R113.4, R113.5
Administrative
AX100 Climatic
Administrative
Revised to require that when a
building permit is issued for the
construction of a new swimming
pool or spa or the remodeling of an
existing swimming pool or spa at a
private single-family home, the
respective swimming pool or spa
must be equipped with enclosure
that meets the requirements of
Section 115921(c) and isolates the
swimming pool or spa from the
private single-family home, and at
least one other drowning prevention
safety feature listed in Section
115922
Revised for consistency with the
City’s swimming pool enclosure
requirements set forth in Chapter
8.12 of the Municipal Code. The
City experiences dry and temperate
weather, which encourages
swimming year-round. The
proposed amendment takes
necessary precautionary steps to
reduce or eliminate the risk of
drowning in pools. The City, in
conjunction with other surrounding
local jurisdictions in the region of
the San Gabriel Valley and Inland
Empire, requires the first swimming
pool barrier to be a physical barrier.
R105.2 Administrative Revised items 1 and 2 under
“Building” for consistency with the
City’s Zoning Code development
standards, Permits Required for
ALL Masonry Block walls, wood,
vinyl, wrought iron fences.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: CC Regular Meeting - Dec 06 2022
Title: Approval of Engineering and Traffic Survey, February 2022, for the City of Covina and Introduction of Ordinance 22-21 Amending Chapter 10.68 to Title 10 (Vehicles and Traffic) of the Covina Municipal Code Relating to Speed Limits Presented By: Andy Bullington, Director of Public Works Rafael Fajardo, City Engineer
Recommendation: Adopt Resolution CC 2022-131 approving the Engineering and Traffic Survey, February 2022, for the City of Covina (E&TS) and the prima facie speed limits recommended to be established on the highway segments included in the E&TS;
1. Waive full reading, read by title only, and introduce for first reading Ordinance 22-21 amending Chapter 10.68 to Title 10 (Vehicles and Traffic) of the Covina Municipal Code relating to speed limits; and
2. Authorize the Department of Public Works to schedule the second reading of Ordinance 22-21 at the next available City Council meeting on December 20, 2022.
BACKGROUND:
The Citywide Engineering and Traffic Survey (E&TS) is the basis for the establishment, revision, and enforcement of speed limits for streets within the City of Covina in accordance with California Vehicle Code (CVC) Sections 627 and 40802 and the California Manual on Uniform Traffic Control Devices 2014 (CA MUTCD), Section 2B.13.
CVC sections 22357, 22358, 22358.5, and 22358.8 allow local governments to establish prima facie speed limits on local streets and roads and require the preparation of an E&TS. The E&TS is required by the State of California to establish intermediate speed limits on local streets and enforce those limits using radar or other speed measuring devices. While these surveys must be updated every five, seven, or ten years to ensure the speeds reflect current conditions as dictated by the CVC, the practice of the Covina Department of Public Works is to survey all street segments every five years to ensure that City’s traffic speed regulations reflect current conditions. Surveys may be extended up to seven years provided police officers issuing traffic citations have completed a 24-hour radar operator course and up to ten years when a registered engineer certifies that no changes in roadway or traffic conditions have occurred. Without a valid E&TS, certain roadway segments with prima facie speed limits could be considered unlawful “speed traps” pursuant to CVC section 40801. CVC Section 40801 provides that “[n]o peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.” The CVC also requires that the surveys be conducted based on the methodology required by the CA MUTCD including the consideration of prevailing speeds as determined by traffic engineering measurements, collision records, and highway, traffic, and roadside conditions not readily apparent to the driver.
On April 5, 2016, the City Council approved the recommended speed limits from the 2016 E&TS conducted by Willdan Engineering on 77 street segments in the City of Covina.
On January 13, 2021, the Public Works department issued a Purchase Order to Willdan Engineering for the preparation of the five-year update to the Citywide E&TS in an amount not-to-exceed $22,330.
DISCUSSION:
Engineering and Traffic Survey
This report provides background and presents the results of the analysis performed in preparing the E&TS for 77 street segments within the City of Covina. The surveys were performed in compliance with the current laws and practices of the State of California, which require that an E&TS be completed to establish radar enforceable speed limits under certain conditions.
The CA MUTCD specifies the methodology to be used for completing E&TS. This methodology includes an evaluation of prevailing speeds as determined by traffic engineering measurements (current vehicle speeds), accident history, and highway, traffic, and roadside conditions not readily apparent to motorists.
Speed Sampling
Radar speed measurements were conducted at 77 locations during March 2021. All surveys were conducted in good weather conditions, during off-peak hours on weekdays. The radar unit was operated from an unmarked vehicle to minimize any influence on driver behavior. Typically, a minimum sample size of 100 vehicles or the total samples during a maximum period of 2 hours were obtained for each segment. Traffic speeds in both directions were recorded for individual segments.
The prevailing speeds are determined by the speed zone survey for segments representing a statistically significant sample of current traffic. This data is then evaluated to identify the distribution of speeds. A key element in the evaluation is the identification of the 85thpercentile speed. The 85thpercentile speed is the speed at or below which 85 percent of the traffic travels. This threshold represents what is historically found to be a safe and reasonable speed for most drivers based on common roadway conditions. State law requires that a speed limit is established at the nearest 5-mile per hour (mph) increment to the 85thpercentile speed, except as shown in the three options below:
1. The posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85thpercentile speed, in compliance with CVC Section 627 and 22358.5; and
2. For cases in which the nearest 5 mph increment of the 85thpercentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85thpercentile speed, if no further reduction is used. Refer to CVC Section 21400(b).
3. Using CVC Section 22358.8, if the recommended speed limit is still more than is reasonable or safe based on the above two options, the current speed limit or the immediately prior speed limit can be recommended if that speed limit was established with an engineering and traffic survey that established the prior speed limit. This does not authorize a speed limit to be reduced by any more than five miles per hour from the current speed limit nor below the immediately prior speed limit.
In some cases, the E&TS may indicate the need for a further reduction of the 5 mph based on accident history and roadway conditions occurring on a particular street segment. If the speed limit to be posted has had the 5 mph reduction applied, the E&TS must document in writing the conditions and justification for the lower speed limit.
The reasons for the lower speed limit shall be in compliance with CVC Section 627 and 22358.5.
The specific location of the radar speed survey for each street segment was selected after considering the following:
1. Minimum stop sign and traffic signal influence;
2. Minimum visibility restrictions;
3. Non-congested traffic flow away from intersections and driveways; and
4. Minimum influence from curves or other roadway conditions that would affect the normal operation of a vehicle.
Accident History
For this study, collision data was used from the latest 3 years of reported accidents from January 1, 2017 to December 31, 2019 as obtained from the City’s California Statewide Integrated Traffic Records System Reports (SWITRS) electronic collision database. The collision rates for the 77 segments are expressed in accidents per million vehicle miles (A/MVM). The segment collision rate was then compared to the average statewide collision rate. The average statewide collision rates were obtained from 2018 Collision Data on California State Highways published by Caltrans.
Reported collisions are reviewed for each street segment to determine if there is a higher than average rate of collisions. A segment that has an above-average collision rate typically suggests conditions that are not readily apparent to motorists. A summary of the collision rates for the 77 surveyed street segments is provided in the E&TS.
Conditions Not Readily Apparent to Motorists
Each street segment is field inspected to identify highway, traffic, and roadside conditions not readily apparent to motorists. A determination is made as to whether any conditions are significant and warrants the recommendation of the speed limit 5 mph or more below the basic speed limit. The CA MUTCD recommends exercising great care when establishing speed limits 5 mph or more below the basic speed limit.
A field review was conducted for each of the selected street segments in Covina with consideration for the following factors:
1. Street width and alignment (design speed);
2. Pedestrian activity and traffic flow characteristics;
3. Number of lanes and other channelization and striping patterns;
4. Frequency of intersections, driveways, and on-street parking;
5. Location of stop signs and other regulatory traffic control devices;
6. Visibility obstructions;
7. Land use and proximity to schools;
8. Pedestrian and bicycle usage;
9. Uniformity with existing speed zones and those in adjacent jurisdictions; and
10. Any other unusual condition not readily apparent to the driver.
Criteria
Survey data was compiled and analyzed to determine the recommended speed limit in accordance with several criteria contained in the CA MUTCD. Some of the criteria used are:
1. The critical speed or 85thpercentile speed is the speed at or below which 85 percent of the traffic is moving. This speed is the baseline value in determining what the majority of drivers believe is safe and reasonable. Speed limits set higher than the critical speed are not considered reasonable and safe. Speed limits set lower than the critical speed make a large number of reasonable drivers "unlawful" and do not facilitate the orderly flow of traffic. The “basic speed limit” is the nearest 5 mph increment to the 85thpercentile speed;
2. The 10 mile per hour (mph) pace speed is the 10 mph increment that contains the highest percentage of vehicles. It is a measure of the dispersion of speeds across the range of the samples surveyed. An accepted
practice is to keep the speed limit within the 10 mph pace while considering the critical speed and other factors that might require a speed lower than the critical speed; and
3. The collision rate for each street segment is compared to average collision rates that can be reasonably expected to occur on streets and highways in other jurisdictions, in proportion to the volume of traffic per lane mile. These average collision rates have been developed by the State of California and are considered reasonable for use in the City of Covina.
Results and Recommendations
Table 2 of the E&TS contains a complete summary of all recommendations, while the forms contained in Appendix A of the E&TS illustrate results of a thorough evaluation of the available data and recommend a speed limit for each street segment surveyed. In each case, the recommended speed limit was consistent with the prevailing behavior as demonstrated by the radar speed measurements. Typically, a speed limit in the upper range of the 10-mile pace was selected unless a collision rate significantly higher than expected was discovered or roadway conditions not readily apparent to the driver were identified. Any segments with recommended speed limits 5 mph or more below the basic speed limit are fully explained in the E&TS.
The street segments with recommended changes in posted speed limits are as follows:
No. Name of Street From To Posted New Change
11 Badillo Street Grand Avenue Glendora Avenue 45 40 -5 20 Citrus Avenue Workman Avenue Rowland Avenue 40 35 -5 21 Citrus Avenue Rowland Avenue Puente Street 40 35 -5
50 Holt Avenue I-10 Freeway Via Verde Street 45 40 -5
Resolution CC 2022-131and Ordinance 22-21
The Public Works Department and the Police Department have reviewed the proposed changes to the City’s posted speed limits and determined the changes to be reasonable, safe, and appropriate for the orderly movement of traffic on City streets. The Traffic & Parking Advisory Committee recommend approval of the Engineering and Traffic Survey Report at their June 14, 2022, meeting. Staff recommends that the City Council approve the Engineering and Traffic Survey Report for Speed Limits, February 2022 through the adoption of Resolution CC 2022-131. Staff further recommends that the City Council approve the recommended changes to the City’s posted speed limits and introduce for first reading Ordinance 22-21.
FISCAL IMPACT:
The fiscal impact associated with the adoption of Resolution CC 2022-131 approving the 2022 E&TS is nominal.
The City will incur costs to change out the necessary speed limit signs and/or pavement markings. These costs will be absorbed within the Department of Public Works fiscal year 2022-23 budget. Conversely, should the recommended speed limits not be approved, the City will no longer be able to enforce the posted speed limits by electronic means and may experience a decline in traffic citation revenues within the General Fund.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt per Section 15061 (b) (3). The project is covered by the General Rule that CEQA applies to projects that have the potential for causing a significant effect on the environment. The Citywide E&TS will not result in any significant effect on the environment.
ATTACHMENTS:
Attachment A - Resolution CC 2022-131
Attachment B - Ordinance 22-21
Attachment C - 2022 E&TS Final Report
Respectfully submitted,
RESOLUTION CC 2022-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA APPROVING THE ENGINEERING AND TRAFFIC STUDY
REPORT FOR SPEED LIMITS, FEBRUARY 2022 AND THE PRIMA
FACIE SPEED LIMITS RECOMMENDED TO BE ESTABLISHED ON
THE HIGHWAY SEGMENTS INCLUDED IN THE ENGINEERING AND
TRAFFIC SURVEY, FEBRUARY 2022, FOR THE CITY OF COVINA
WHEREAS, California Vehicle Code Sections 22357, 22358 and 22358.3 permit a local authority, on the basis of a traffic and engineering survey, to establish prima facie speed limits on highways within their jurisdiction; and
WHEREAS, Section 40802 of the California Vehicle Code requires that the speed limits be justified by a traffic and engineering survey not less than every five (5) to ten (10) years in order to use radar, laser, or other electronic devices for enforcement of speed limits with the City; and WHEREAS, on January 13, 2021, the Public Works Department issued a purchase order to Willdan Engineering for the preparation of the 2021 Citywide Engineering and Traffic Survey; and
WHEREAS, Willdan Engineering completed the engineering and traffic survey within the City on February 17, 2022, in compliance with the requirements of Section 627 of the California Vehicle Code and the standards set forth in Section 2B.13 of the California Manual on Uniform Traffic Control Devices, 2014 Edition; and
WHEREAS, the results of the engineering and traffic survey are contained in a report prepared by Willdan Engineering entitled “Engineering and Traffic Survey, February 2022, for the City of Covina”; and
WHEREAS, the City Engineer/Traffic Engineer recommends that the City Council approve of (i) the Engineering and Traffic Survey, February 2022, for the City of Covina and (ii) the prima facie speed limits recommended to be established on the highway segments included in the Engineering and Traffic Survey, February 2022, for the City of Covina.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that all of the facts set forth in this Resolution are true and correct.
SECTION 2. The City Council has reviewed the Engineering and Traffic Survey, February 2022, for the City of Covina.
SECTION 3. The City Council approves of (i) the Engineering and Traffic Survey, February 2022, for the City of Covina and (ii) the prima facie speed limits recommended to be
Resolution CC 2022-131 Page 2 of 2
ATTACHMENT A
established on the highway segments included in the Engineering and Traffic Survey, February 2022, for the City of Covina.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED AND PASSED this 6
th day of December, 2022
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ
Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-XXX was duly adopted by the City Council of the City of Covina at a regular meeting held on the 6
th day of December, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ
Deputy City Clerk
ORDINANCE 22-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA AMENDING SECTION 10.68.010 (SPEED LIMITS) OF CHAPTER 10.68 (SPEED LIMITS) OF TITLE 10 (VEHICLES AND
TRAFFIC) OF THE COVINA MUNICIPAL CODE RELATING TO SPEED LIMITS
THE CITY COUNCIL OF THE CITY OF COVINA DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, Section 40802 (a)(2) of the California Vehicle Code states that speed limits for streets, other than a local street, must be justified by an Engineering and Traffic Survey conducted less than five, seven, or ten years with conditions, prior to enforcement of that speed limit, if it is to be enforced by the use of radar; and
WHEREAS, the most recent Engineering and Traffic Survey for certain street segments was last completed in 2016; and
WHEREAS, the City Council wishes to ensure that traffic speeds throughout the community are kept at a safe level given the conditions that exist on certain streets; and WHEREAS, the City Council wishes to use electronic speed measurement equipment for speed enforcement on these certain streets; and
WHEREAS, the Ordinance establishing speed limits must be adopted to reflect speed limits that are to be established following the completion of the Engineering and Traffic Survey; and WHEREAS, the California Manual of Traffic Control Devices describes the policy to be used in the State of California for setting speed limits, which requires that the posted speed be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic; and WHEREAS, the City Council recognizes that the California Manual of Traffic Control Devices also allows the posted speed limit to be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in compliance with California Vehicle Code Sections 627, 22358.5 and 22358.8, if the Engineering and Traffic Survey documents the special conditions and justification for the lower speed limit and is approved by a registered Civil or Traffic Engineer; and WHEREAS, the enforcement of speed limits by the use of radar is necessary in order to protect the safety of the residents of the City of Covina.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. CEQA Finding. The City Council finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance and the establishment of the regulations hereby will have a significant effect on the environment. The Ordinance is therefore
Ordinance 22-21 Page 2 of 5
ATTACHMENT B
exempt from review under the California Environmental Quality Act, pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.
SECTION 2. The City Council hereby amends in its entirety Section 10.68.010 (Speed Limits) of Chapter 10.68 (Speed Limits) of Title 10 (Vehicles and Traffic) of the Covina Municipal Code to read as follows:
“The California Vehicle Code provides that cities may by ordinance establish prima facie speed limits. It is determined, upon the basis of an engineering and traffic survey, that the following prima facie speed limits would facilitate the orderly movement of traffic and would be reasonable and safe. It is declared, that signs be erected, as appropriate, to provide notice of the following prima facie speed limits:
Name of Street From To
Prima Facie
Speed Limit
(MPH)
1 Arrow Highway Arrow Grand Circle Grand Avenue 45
2 Arrow Highway Grand Avenue 1000' Easterly 45
3 Azusa Avenue South City Limits San Bernardino Road 40 4 Azusa Avenue San Bernardino Road Cypress Street 40 ** 5 Azusa Avenue Cypress Street Arrow Highway 40
6 Badillo Street Lark Ellen Avenue Hollenbeck Avenue 40 7 Badillo Street Hollenbeck Avenue Fourth Avenue 40
8 Badillo Street Fourth Avenue Second Avenue 30
9 Badillo Street Second Avenue Barranca Avenue 40
10 Badillo Street Barranca Avenue Grand Avenue 40
11 Badillo Street Grand Avenue Glendora Avenue 40 **
12 Badillo Street Glendora Avenue Reeder Avenue 45
13 Badillo Street Reeder Avenue East City Limits 45
14 Barranca Avenue South City Limits Puente Street 40 ** 15 Barranca Avenue Puente Street San Bernardino Road 40 ** 16 Barranca Avenue San Bernardino Road Covina Boulevard 40 ** 17 Barranca Avenue Covina Boulevard North City Limits 40 18 Cienega Avenue Barranca Avenue Grand Avenue 40
19 Cienega Avenue Arroway Avenue Ivescrest Avenue 40 ** 20 Citrus Avenue Workman Avenue Rowland Avenue 35
21 Citrus Avenue Rowland Avenue Puente Street 35
22 Citrus Avenue Puente Street Badillo Street 35
23 Citrus Avenue Badillo Street San Bernardino Road 25
24 Citrus Avenue San Bernardino Road Covina Boulevard 35 25 Citrus Avenue Covina Boulevard Arrow Highway 40
26 Covina Boulevard Fircroft Avenue Citrus Avenue 40
27 Covina Boulevard Citrus Avenue Grand Avenue 40 **
28 Covina Boulevard Grand Avenue Rimhurst Avenue 40 **
29 Covina Boulevard Bonnie Cove Avenue Sunflower Avenue 40 **
Ordinance 22-21 Page 3 of 5
ATTACHMENT B
30 Covina Hills Road Grand Avenue Rancho La Carlota Road 30 31 Cypress Street Leaf Avenue Hollenbeck Avenue 40 **
32 Cypress Street Hollenbeck Avenue Citrus Avenue 40 ** 33 Cypress Street Citrus Avenue Barranca Avenue 40
34 Cypress Street Barranca Avenue Grand Avenue 40
35 Cypress Street Grand Avenue Glendora Avenue 40
36 Cypress Street Glendora Avenue Bonnie Cove Avenue 40 ** 37 Cypress Street Bonnie Cove Avenue Sunflower Avenue 40 38 Glendora Avenue Puente Street Ruddock Street 35 **
39 Glendora Avenue Ruddock Street Cypress Street 35
40 Glendora Avenue Cypress Street Covina Boulevard 35
41 Glendora Avenue Covina Boulevard Cienega Avenue 35 ** 42 Grand Avenue Walnut Creek Road Puente Street 40
43 Grand Avenue Puente Street San Bernardino Road 40 ** 44 Grand Avenue San Bernardino Road Covina Boulevard 40 45 Grand Avenue Covina Boulevard Arrow Highway 40
46 Hollenbeck Avenue South City Limits Rowland Avenue 35 47 Hollenbeck Avenue Rowland Avenue Badillo Street 35 ** 48 Hollenbeck Avenue Badillo Street Edna Place 35
49 Hollenbeck Avenue Covina Boulevard Arrow Highway 40
50 Holt Avenue I-10 Freeway Via Verde Street 40
51 Lark Ellen Avenue Grovecenter Street Edna Place 40 ** 52 Puente Street Armel Drive Hollenbeck Avenue 35 **
53 Puente Street Hollenbeck Avenue Citrus Avenue 35
54 Puente Street Citrus Avenue Barranca Avenue 30
55 Puente Street Barranca Avenue Grand Avenue 40 **
56 Puente Street Grand Avenue Glendora Avenue 35 **
57 Puente Street Glendora Avenue Shouse Avenue 25
58 Puente Street Reeder Avenue Rancho Corto Drive 45
59 Reeder Avenue Old Badillo Street Puente Street 35
60 Reeder Avenue Old Badillo Street Badillo Street 30 ** 61 Reeder Avenue Badillo Street Cypress Street 35
62 Rowland Avenue Armel Drive Citrus Avenue 40
63 Rowland Avenue Citrus Avenue Barranca Avenue 40
64 Rowland Avenue Barranca Avenue Forestdale Avenue 40
65 San Bernardino Road Vincent Avenue Lark Ellen Avenue 40 66 San Bernardino Road Lark Ellen Avenue Azusa Avenue 35 67 San Bernardino Road Azusa Avenue Hollenbeck Avenue 35 ** 68 San Bernardino Road Hollenbeck Avenue Citrus Avenue 30 69 San Bernardino Road Citrus Avenue Barranca Avenue 35 70 San Bernardino Road Barranca Avenue Grand Avenue 35
71 Second Avenue Rowland Avenue Badillo Street 35
72 Second Avenue Badillo Street Front Street 30
73 Sunflower Avenue Cypress Street Cienega Avenue 35 **
Ordinance 22-21 Page 4 of 5
ATTACHMENT B
74 Vincent Avenue Badillo Street Edna Place 35
75 Workman Avenue West City Limits East City Limit w/o Citrus 35 ** 76 Workman Avenue Citrus Avenue Barranca Avenue 35
77 Workman Avenue Barranca Avenue Easterly End of Road 30 ** 25 mph when children are present
SECTION 3. The “Engineering and Traffic Survey, February 2022, for the City of Covina,” containing the findings and determinations of the Registered Engineer, incorporated herein and on file in the Office of the City Clerk, shall be the official Engineering and Traffic Survey of the City, a certified copy of which shall be disseminated to the County of Los Angeles Municipal and Superior Courts.
SECTION 4. Any provisions of the Covina Municipal Code, or appendices thereto, or any other resolution of the City, to the extent that they are inconsistent with this ordinance, and no further, are hereby repealed.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Covina hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
SECTION 6. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this 6
th day of December, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ
Deputy City Clerk
Ordinance 22-21 Page 5 of 5
ATTACHMENT B
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-21 was introduced for first reading at a regular meeting on the 6 th day of December, 2022. Thereafter,
said Ordinance was duly approved and adopted at a regular meeting of said City Council on the 20th day of December, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ
Deputy City Clerk
Willdan Engineering
13191 Crossroads Pkwy N Suite 405
City of Industry, CA 91746
562.908.6200
Engineering and Traffic Survey
2022
F E B R U A R Y
ATTACHMENT C
February 17, 2022
Mr. Rafael Fajardo, P.E.
Director of Community Development and Public Works
City of Covina,
125 E. College Street
Covina, CA 91723
Subject: 2021 Engineering and Traffic Survey
Dear Mr. Fajardo:
As requested, Willdan has completed an Engineering and Traffic (E&T) Survey to justify and update the posted speed limits along 77 street segments in the City of Covina. These segments were last surveyed in 2016 and require an update to comply with the 5-year limitation set forth in the California Vehicle Code (CVC).
We are pleased to submit the enclosed Report that describes the E&T survey procedures and contains recommendations for posted speed limits on the City’s arterial and collector street system. A summary of these recommendations is included in the Analysis.
Supporting documentation for each speed zone recommendation is provided in the Appendices.
The Report was conducted in accordance with applicable provisions of the CVC, following procedures outlined in the California Manual on Uniform Traffic Control Devices (California MUTCD) dated November 2014, and as required by Section 627 of the CVC. The Report is intended to satisfy the requirements of Section 40802 of the CVC to enable the continued use of radar for traffic speed enforcement.
We appreciate the opportunity to serve the City of Covina and the assistance and cooperation afforded to us during the course of this study.
Very truly yours,
WILLDAN
Nicolle Spann, P.E., T.E.
Traffic Engineer
Enclosure