7 Guidelines, the Objective Design Standards, or any subsequently adopted objective design standards, as applicable, and the City's Municipal Code.
3. The Applicant must submit a complete application, including all required plans, maps, and supporting documentation, to provide the approving authority with sufficient information for decision-making.
B. Review Process.
1. Determination of Completeness. For development projects subject to the Permit Streamlining Act, the Director shall determine whether the application is complete within 30 days of application submittal. The Director shall notify the applicant of the determination that either:
a. All the submittal requirements have been satisfied, and the application has been accepted as complete; or
Specific information remains necessary to complete the application. The letter may also include preliminary details about areas where the submitted plans do not meet City standards and requirements.
b. Incomplete Application. The applicant has 60 calendar days from the date of the incompleteness determination letter to complete the application. The applicant may request a longer period in writing, which the Director will decide.
If the application is not completed within 60 days or within a longer period approved by the Director, it will be considered withdrawn, and no action will be taken. If the applicant wishes to pursue the project later, a new application— including fees, plans, exhibits, and other materials—must be filed in accordance with this Title.
c. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin, during which the Director shall determine the completeness of the application.
d. Right to Appeal. The applicant may appeal the completeness determination in accordance with CMC Section 17.02.090 Appeals.
2. Development Review Team.
The development review team reviews all applications to ensure proposals meet and exceed the development standards of this Code, the Design Guidelines, and Objective Design Standards. The City’s development review team includes staff from the Community Development, Public Works, Parks and Recreation, and Covina Police departments, as well as external agencies, including, but not limited to, the Los Angeles County Fire Department. The development review team advises the Director on application completeness and compliance with development and design standards, as well as the CEQA process.
3. Application and Report.
After an application is deemed complete and successfully completes the development review process, the Director will prepare a report for the approving
8 authority that includes a project description and a recommendation to approve, conditionally approve, or deny the application. This report will be provided to the applicant before the entitlement request is considered and may be amended or supplemented with new information before the hearing.
4. Hearing and Notice
See provisions in CMC Section 17.02.070 Public Hearing and Noticing Requirements.
C. Approval Authority and Appeal Procedures
See provisions in CMC Section 17.02.080 Approval Authority, and CMC Section
17.02.090 Appeals.
D. Effective Date, Time Limits, Extensions, and Expirations
1. Effective Date. The action to approve, conditionally approve, or deny a permit or entitlement authorized by this title becomes effective on the 11th day after the decision date, immediately following the expiration of the ten-day appeal period.
Legislative actions by the City Council, such as Zoning Amendments, General Plan Amendments, Specific Plans, and Development Agreements, take effect 30 days after the final action date if adopted by ordinance, and 11 days after the final action date if adopted by resolution. These actions cannot be appealed. Permits shall not be issued until the permit's effective date.
2. Time limits. Unless otherwise specified, any permit not exercised within two years of approval will expire and become void, unless an extension is approved under this section.
3. Exercising permits. A permit is exercised when the property owner performs substantial work, as determined by the Director and the Building Official, and incurs substantial liabilities in good-faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or a corresponding legal agreement that specifies that other substantial efforts or expenditures constitute the exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a Zoning Amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the Zoning Amendment.
4. Permit extensions. An applicant may request up to a total of three consecutive oneyear extensions, subject to the following:
a. Process. The original approval authority may extend the permit. An application for extension shall be filed at least 30 days prior to the expiration date of the permit, along with the appropriate fees and application materials. b. Conditions. Permits may be conditioned to comply with any development standards adopted since original approval.
9 c. Permit extension findings. Extensions may be granted only if the approving authority finds that the original permit findings remain valid, that no circumstances have changed, and that there has been diligent effort to exercise the permit.
d. Expiration. If the time limits are reached without a requested extension, or if a requested extension is denied or expires, the permit will expire.
5. Permit expiration for a closed business. All permits and entitlements expire when a business is closed for more than 180 consecutive calendar days. New permits and entitlements must be approved before resuming business activity on the site.
E. Modifications.
Modifications to an approved Site Plan Review shall be filed with the Planning Division with the required fee set by City Council resolution and shall be subject to the following provisions:
1. Any person holding a permit or approved Site Plan Review granted under this Title may request a modification to that permit or Site Plan Review approval.
Modification may include changing the terms of the permit or approved Site Plan, project, or site design, or waiving or altering conditions imposed in granting the permit or Site Plan Review approval.
2. If the Director determines a proposed action does not substantially conform to the original approval, the property owner must submit a modification application to the Planning Division.
3. The Director may approve the modification application if the proposed changes do not result in any of the following:
a. A change in the character, scope, size, and intensity of the development and use; and
b. A significant increase in impacts on infrastructure or traffic on roadways adjacent to or external to the proposed development and use; and c. A change in the external impacts on the adjacent property; and d. A reduction in the originally approved setbacks from property lines or increased building or structure height.
4. If the Director determines subsection 3 does not apply, the original approving authority will review the permit modification application.
5. Modifications may be granted only if the approving authority makes all findings required for the original approval.
F. Revocations.
1. Revocations. If any provision of this Chapter is violated, Conditions of Approval are not met, or property maintenance requirements are not followed, the approved
10 entitlement may be suspended. The Director may also suspend related Building Permits or order corrective actions. A notice of suspension will be sent immediately to the Building Official, the responsible parties, and the decision-making body.
Grounds for suspension include, but are not limited to, the following:
a. The approval was obtained by omission, misrepresentation, or fraud. b. The Site Plan is being built, maintained, or executed contrary to the approved plans, conditions, or terms of approval or in violation of any statute, ordinance, law, or regulation.
2. If the applicant, property owner, or project sponsor does not correct the issues leading to suspension within 30 days to the Director's satisfaction, the decisionmaking body will be notified and must hold a public hearing within 30 days as prescribed by CMC Section 17.02.070 Public Hearings and Noticing requirements.
3. If the decision-making body finds that regulations or Conditions of Approval are not being met, it may revoke the entitlements or take necessary actions to ensure compliance. The City Clerk will notify the applicant in writing of the decision.
G. Reapplications.
1. An application shall not be accepted or acted upon if, within the past 12 months, the City has denied an application for substantially the same project on substantially the same real property unless the Director finds one or more of the following circumstances to exist:
2. New Evidence. New evidence would support approval of the project that was not presented at the previous hearing and could not have been discovered by the applicant through reasonable diligence.
3. Substantial and Permanent Change of Circumstances. Since the previous hearing, a substantial and material change of circumstances has affected the applicant’s real property.
4. Mistake at a Previous Hearing. A mistake was made at the previous hearing that was a material factor in denying the previous application.
17.02.070 Public Hearings and Noticing Requirements.
The following procedures shall govern the notice and hearing where required under this Title. The designated approving authority shall hold a public hearing to consider all applications for Conditional Use Permits, Variances, Major Site Plan Reviews, Tentative Subdivision Maps, Specific Plans, planned community development, Zoning Code/Map Amendments, Development Agreements, and Specific Plan and General Plan Amendments considered by the Planning Commission or City Council.
A. Notice of hearing.
11 Under Government Code § 65090 to 65096, public notice of such hearing shall be given in the manner listed below not less than 10 days before the scheduled date of the public hearing, unless a greater number is required by state law.
1. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property that is the subject of the hearing.
2. Notice of public hearing shall be published in at least one newspaper of general circulation in the City.
3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
4. Notice of the public hearing shall be mailed, postage prepaid, to property owners of record within a minimum 300-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if the Director deems it necessary to provide adequate public notification.
5. Notice of public hearing shall be posted in the city hall.
6. The public hearing notice will be sent to any person or group that has filed a written request for notice regarding the specific application.
7. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable.
B. Alternative Method for Large Mailings.
If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, the Director (or City Clerk for City Council hearings) may provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation in the City, at least 10 days prior to the hearing not including the hearing date.
C. Supplemental noticing requirements.
1. Any development projects that include a General Plan Amendment, a new Specific Plan or an amendment to a Specific Plan, an Environmental Impact Report (EIR), or as determined to be necessary and desirable by the Director based on the nature and complexity of the project will require the following additional noticing:
a. Post one large notification sign with the minimum dimensions of four feet by eight feet in a conspicuous place on the project site abutting a street not more than 10 feet inside the property line but no closer than five feet to a property line.
b. The large notification sign shall have a maximum height of 6 feet, and shall have support elements made of four-inch by four-inch wood posts.
12 c. Post the large notification sign at least 20 days from the scheduled hearing date.
Remove such notice sign within 10 days of the final decision.
Figure 17.02.007-1 On-Site Hearing Notice
2. Conditional Use Permit (non-development types) Notice. Post one public hearing notice window sign with the minimum dimensions of 11 inches by 17 inches to the inside of the storefront window at least 10 days from the scheduled date of the hearing. The Director shall prescribe the format and content of the public hearing notice. Such notice shall be removed within 10 days of the final decision.
3. Single-Family Residential Notice.
a. Any single-family residential projects involving the construction of a new single-family house, additions that increase the total square footage of the existing house by more than fifty percent (50%), or a second-story addition will require a notice to be mailed by the Director to adjacent properties within a onePage 760 of 1097 13 hundred-foot radius of the project site at the time the planning application submittal is deemed complete for processing.
a. The noticing contents shall be consistent with this Chapter and as prescribed by the Director.
D. Failure to Notify Individual Properties.
The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive mailed notice.
E. Public Hearing Procedures.
a. The City Council or Planning Commission shall hold a public hearing on the date, time, and location specified in the notice. The appellant shall present relevant information and supporting data for the appeal.
b. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the case's permanent file.
c. Any hearing may be continued to a specific date. If the hearing is not continued to a specific date and time, then the hearing shall be re-noticed. d. Notification of the decision shall be mailed to the applicant at the address provided on the application within 30 days of hearing. The decision shall approve, approve with conditions, or deny the application and shall set for the findings of the commission and any such conditions.
17.02.080 Approval Authority
A. Designated Approving Authority.
The following table 17.02.080-1 outlines the authority responsible for reviews, appeals, and decisions, for the following actions within Title 17.
Table 17.02.080-1 Approval Authority
NA = Not Applicable
Type of Action Role of Review Authority
Director Historic
Preservation
Commission
Planning
Commission
City
Council
Legislative Action
Development
Agreements and
Amendments
Recommend NA Recommend Decision
Zoning Code and Map
Amendments
Recommend NA Recommend Decision
14 General Plan and
Specific Plan
Amendments
Recommend NA Recommend Decision
Planned Community
Development Districts
NA NA Recommend Decision
Discretionary Actions
Historic Designations
and Local Historic
Landmarks
NA Recommend NA Decision
Conditional Use Permits Recommend NA Decision Appeal
Variance Recommend NA Decision Appeal
Nonconforming Uses,
Structures, and Sites
Recommend NA Decision Appeal
Use Determination Decision NA Appeal Appeal
Subdivision (Tentative
Tract or Parcel map)
Recommend NA Recommend Decision
Planning Permits, Approvals, and Administrative Actions Administrative Use
Permit
Decision NA Appeal Appeal
Building Permits
(including ADUs)
Decision NA Appeal Appeal
In-home Business Decision NA Appeal Appeal
Interpretations of Zoning
Code and Zoning District
Boundary
Decision
NA Appeal Appeal
Modification and
Revocation of Permits
Decision NA Appeal Appeal
Minor Deviation Decision NA Appeal Appeal
Time Extension of
Subdivision Maps
Recommend NA Decision Appeal
Reasonable
Accommodation
Decision NA Appeal Appeal
Site Plan Review (Major)
and Time Extension
NA NA Decision Appeal
Site Plan Review (Minor) Decision NA Appeal Appeal
Urban Lot Split and TwoUnit DevelopmentDecision NA Appeal Appeal Zoning Clearances Decision NA Appeal Appeal
B. Multiple Applications and Entitlements.
When a proposed project requires multiple land use entitlements, planning applications, and permits, they shall be processed concurrently, and final action shall be taken by the highest-level designated approving authority (i.e., City Council) for all such requested land
15 use entitlements, permits, and planning applications. In such cases, the Planning Commission shall serve as the recommending body.
C. Referral to the Planning Commission. At any stage of the application review process, except where prohibited by law (such as ADU or two-unit development and urban lot split), the Director may choose to transfer decision-making authority to the Planning Commission at their discretion. Decisions referred to the Planning Commission will be considered during a regular public meeting. A referral to another decision-maker is not an appeal and does not require an appeal application or fee.
D. Ministerial Review and Approval for Qualifying Projects Under Government Code § 65913.4 (SB 35). A by-right or ministerial project does not require discretionary review by the City. The ministerial project may involve administrative approvals to verify compliance with zoning regulations, development standards, and objective design standards from City Staff. Sign-off for these approvals is nondiscretionary and can be conducted by the Planning Division before the applicant submits the plans for building plan checks and requests Building Permit(s).
17.02.090 Appeals
A. Appeal authority.
Any interested person may appeal any action of the Director, Historic Preservation Commission, or Planning Commission made pursuant to this section.
B. Filing
Appeals must be filed in writing during business hours within 10 days of the determination.
All appeals shall identify the determination or action being appealed and explicitly state the basis or grounds of the appeal. The appeal request must be accompanied by a filing fee established by City Council resolution and submitted to the City Clerk.
The filing of an appeal shall stay the order of the Commission and the issuance of any permits predicated thereon until the Council has either acted thereon or until a majority of the Council has failed to approve an appeal by a member of the Council, whichever occurs first.
C. Council-Initiated Appeals.
If the appeal is initiated by a member of the Council, such initiation of appeal shall not be effective unless approved by a majority of the elected members of the Council acting at the next regular meeting of the Council following the date of filing of such appeal. Such initiation of appeal shall be considered without public hearing or discussion of the merits of the matter by the council. No appeal fee shall be required. There shall be no presumption or inference of bias shall be made because of such an appeal.
16 D. Notice, Appeal Hearing, and Action.
1. Notice of the hearing for the appeal shall be provided in accordance with the noticing requirements of CMC Section 17.02.060. The City Council shall hold a public hearing on the date, time, and place specified in the notice.
2. Each appeal hearing shall be considered a de novo (new) hearing.
3. The Council shall state the basis for its action on an appeal. The Council may confirm, modify, or reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The City Council's action is final as of the date of the decision and may not be appealed further beyond the Council level.
4. Notification of the Council action shall be mailed to the petitioner at the address shown on the petition.
17.02.100 Designation of Zones, Sphere of Influence, and Zone Boundaries.
A. Designation of Zones.
Zones are established to classify, regulate, designate, and distribute the uses of land and buildings; regulate and restrict the height, setbacks, and bulk of buildings; regulate the area of yards and other open spaces around buildings; and regulate the density of population.
For purposes related to the orderly development of the City and to carry out the provisions of this Title, the City is divided into the following zones:
Residential Zones
E-1 estate Residential zone (single-family estate)
E-1/2 estate Residential zone (single-family estate)
R-1-20,000 Residential zone (single-family)
R-1-10,000 Residential zone (single-family)
R-1-8500 Residential zone (single-family)
R-1-7500 Residential zone (single-family)
MDR and HDR Residential zone (multiple-family)
RTP Residential zone (Trailer and Mobile Home Parks)
Commercial Zones
NCO Neighborhood Commercial Office Zone
CC Community Commercial Zone
RC Regional Commercial Zone
Industrial Zone
I Industrial Zone
17 Open Space Zones
OS Open Space Zone
P Park Zone
B. Prezoning and Zoning of Annexed Territory.
1. Sphere of Influence and LAFCO Compliance. The City shall ensure that all zoning or prezoning actions for areas within its Sphere of Influence (SOI) comply with the requirements of the Los Angeles County Local Agency Formation Commission (LAFCO). Zoning designations for areas proposed for annexation must be consistent with the City’s General Plan and adopted in accordance with Government Code § 65859 and § 56375.
2. Prezoning Process. The Planning Commission, when directed by the City Council, shall recommend Prezoning classifications for areas proposed for annexation. The City Council may adopt Prezoning through ordinance prior to or concurrent with adoption of an annexation resolution. The adopted Prezoning shall become effective upon annexation.
3. Public Hearings and Early Action. The City may initiate Prezoning and conduct public hearings on zoning changes for territory proposed for annexation in advance of LAFCO action, as permitted by State law. The City shall coordinate with LAFCO throughout the annexation process to ensure procedural compliance and alignment with regional policies.
C. Determining Boundaries.
1. Boundaries indicated as approximately following lot lines, City limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.
2. Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams, or railroads shall be construed to follow such centerlines. a. In the event that a vacated street, alley, right-of-way, or easement was the boundary between two zones, the new zone boundaries shall be at the new property line or at a line established at or within 50 feet of the centerline of the street, alley, right-ofway or easement that has been vacated. b. Where uncertainties exist, the Director shall, by written decision, determine the location of the zone boundary.
17.02.110 Zoning Map
The boundaries of each zone are shown on the “official zoning map,” which is incorporated into this Title as if fully described herein. The official zoning map shall be kept on file with the City Clerk and shall constitute the original record.
18 17.02.120 Compliance and Penalties
A. Interpretation – Purpose – Conflict.
In interpreting and applying the provisions of this Title, they shall be regarded as the minimum requirements for promoting public health, safety, comfort, convenience, and the general welfare. This Title does not aim to interfere with the nullification or cancellation of any easement, covenant, or other agreement between parties. When this Title imposes a stricter restriction on the use of buildings or land, or the height of buildings, or requires larger open spaces than those mandated by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this Title shall take precedence.
B. Permits and Licenses – Compliance.
All departments, officials, or public employees vested with the duty of authority to issue permits or licenses, where required by law, shall conform to the provisions of this Title. No license or permit for uses, buildings, or purposes where the same would conflict with the provisions of this Title shall be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void.
No premises shall be occupied or used, and no building hereafter erected or altered shall be occupied or used until a certificate of compliance has been issued by the Director or their designee, provided that such Certificate of Compliance shall be required only within those areas mapped under the provisions of this Title.
C. Violation - Penalty.
Any person, firm, or corporation violating any of the provisions of this Title is guilty of a misdemeanor unless otherwise specifically provided, and upon conviction thereof, is punishable as provided in CMC Section 1.16.010. Each such person, firm, or corporation is guilty of a separate offense for every day during any portion of which any violation of any provisions of this Title is committed, continued, or permitted by such person, firm, or corporation and is punishable, therefore as provided for in this Title. Any use, occupation building, or structure maintained contrary to the provisions hereof constitutes a public nuisance.
1 FINAL DRAFT (JUNE 2026)
Chapter 17.04 Land Use Entitlements, Permits, and Planning Applications
17.04.010 Land Use, Zoning Map, and Text Amendments
17.04.020 Administrative Use Permits
17.04.030 Conditional Use Permits
17.04.040 Site Plan Review
17.04.050 Variances and Minor Deviations
17.04.060 Existing Lots
17.04.070 Use Determination
17.04.080 Nonconforming Structures, Uses and Parcels
17.04.010 Land Use, Zoning Map, and Text Amendments
A. General Plan Text or Map Amendment.
The purpose of a General Plan Amendment is to modify the General Plan text or map. For example, it involves changing goals, policies, or implementation programs, or altering the land use designation on any parcel or lot.
1. Review Process. A General Plan Amendment shall be evaluated according to the procedures outlined in CMC Chapter 17.02, including required public hearings, staff analysis, environmental review when mandated by CEQA, and a final decision by the review authority as specified in this Title.
2. Frequency of Amendment. All amendments to the General Plan shall comply with the provisions of California Government Code § 65358. Specifically, California Government Code § 65358(b) states that: “no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year.” Subject to that limitation, an amendment may be made at any time, as determined by the legislative body, and the following shall apply:
a. Each amendment may include more than one change to the General Plan; b. There is no limit to the number of times per year that a non-mandatory element of the General Plan can be amended;
c. There is no limitation applied to amendments required to comply with a court order; and,
d. There is no limitation applied to amendments requested and necessary for a single development of residential units, at least twenty-five percent (25%) of which will be occupied by or available to low- or moderate-income households.
2 3. Initiation of Amendment. A General Plan amendment may be initiated by the City Council, the Planning Commission, the Director, or by a property owner or authorized agent by submitting a complete application in accordance with the requirements of this title.
4. Findings. The City Council may approve a General Plan Amendment upon finding that the amendment is in public interest and that the General Plan as amended will remain internally consistent. In the event that a General Plan Amendment is requested by a private property owner, the applicant shall demonstrate to the City Council that there is a substantial public benefit to be derived from such amendment and how the proposed amendment furthers the goals of the General Plan.
B. Zoning Code (Text) or Zoning Map Amendment
The purpose of a Zoning Code Amendment or Zoning Map Amendment is to allow modification to any provision of this Title including the adoption of new regulations, or deletion and revision of existing regulations, or change the zoning classification on the Zoning Map for any parcel(s) or lot(s).
1. Review process. A Zoning Code or Map Amendment shall be reviewed in accordance with the procedures established in CMC Chapter 17.02, including required public hearings, staff analysis, environmental review when required by CEQA, and final action by the review authority as designated in this title.
2. Initiation of Amendment. A Zoning Code or Map Amendment may be initiated by the City Council, the Planning Commission, the Director, or by a property owner or authorized agent by submitting a complete application in accordance with the requirements of this title.
3. Findings. The Zoning Code or the Zoning Map Amendment may be approved when the City Council finds that the amendment is consistent with the General Plan goals, polices and implementation programs.
C. Development Agreement.
1. Applicability. A Development Agreement may be utilized for projects including but not limited to long-term development phasing, vested rights, or public benefit obligations warrant contractual assurance, or where a project spans multiple stages requiring regulatory certainty over time.
2. Review process. A proposed Development Agreement shall be processed and reviewed in accordance with the procedures set forth in this title, including public notice, at least one public hearing before the Planning Commission, with a public hearing and final action by the City Council.
3. Findings. Approval of a Development Agreement shall require findings that the agreement:
a. Is consistent with the General Plan and any applicable specific or area plan; b. Promotes orderly and beneficial development;
3 c. Provides public benefits or community improvements that justify the vested rights granted; and
d. Will not be detrimental to the public health, safety, or welfare.
4. Amendment or cancellation of agreement. A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties or as otherwise provided within the agreement, subject to state law.
5. Recordation. Upon execution, the Development Agreement shall be recorded in the office of the County Recorder.
6. Periodic review. The review authority shall conduct periodic reviews at intervals specified in the agreement, but not less than every 12 months, to determine compliance with the terms. Failure to comply may result in modification or termination of vested rights as provided by law.
17.04.020 Administrative Use Permits
The purpose of the Administrative Use Permit (AUP) is to establish a process for the Director or designee to review and evaluate uses and activities that generally align with the purpose of the relevant zone but may require special consideration in their design or operation to ensure they are compatible with surrounding or potential future uses. The Director may make a decision without publishing, posting, mailing notice, or holding a public hearing.
A. Applicability.
This section applies to all temporary uses, as well as permanent uses identified in the land use tables as “A” contained in CMC Chapters 17.06 Residential Zones Single-Family Residential, 17.08 Multi-Family Residential, 17.10 Commercial, and 17.12 Industrial.
B. Review process.
1. Application Submittal. The applicant shall submit a complete Administrative Use Permit application, including all required forms, fees, and supporting materials, to the Planning Division.
2. Director Review. The Director shall review the application for completeness and compliance with applicable zoning, development, and operational standards. The Director may request additional information or revisions if necessary to complete the review.
3. Decision. Upon completion, the Director shall approve, conditionally approve, or deny the Administrative Use Permit and shall issue a written Notice of Decision to the applicant stating the determination and any Conditions of Approval.
C. Findings.
The Director shall make the following findings:
1. The proposed use complies with applicable zoning regulations, development standards, and operational requirements.
4 2. Conditions of Approval may be imposed as necessary to ensure the use will not adversely impact surrounding properties or public health, safety, or welfare.
3. All Conditions of Approval shall be stated in the approval letter and must be continuously complied with for the permit to remain valid.
D. Conditions.
In approving an AUP, the Director may impose reasonable conditions to ensure that the approval complies with the required findings, any performance criteria, and the development standards of this code.
17.04.030 Conditional Use Permits
The purpose of the Conditional Use Permit (CUP) is to provide a public review process for the discretionary review of proposed uses and activities that require special consideration to ensure compatibility with neighboring properties and the community. The process provides a means to evaluate the location, design, and operation of such uses to prevent adverse impacts on the community, protect public health, safety, and welfare, and ensure development that contributes positively to the city’s orderly and balanced growth.
A. Applicability.
This section applies to any land use that requires a Conditional Use Permit, as designated with a “C” in the allowed use tables (Table 17.06.030, 17.08.030, 17.10.030, and
17.12.020). Existing uses listed as conditionally permitted on the ordinance's effective date may continue without a new Conditional Use Permit but are subject to a CUP for any expansion or extension. Conditional Use Permits shall not be granted for uses explicitly prohibited in the Zone where the use is proposed. For uses “permitted subject to a Conditional Use Permit,” additional regulations in CMC Chapter 17.24 Specific Use Regulations shall apply.
B. Application.
1. Application Submittal. The applicant shall submit a complete Conditional Use Permit application, including all required forms, fees, plans, and supporting materials, to the Planning Division.
2. Staff Review. Planning staff shall review the application for completeness and compliance with applicable zoning, development, and environmental standards. Staff may request additional information or revisions as needed to complete the review.
3. Public Hearing. A public hearing shall be scheduled before the designated review authority in accordance with public-noticing requirements. Staff shall prepare a report and recommendation for the review authority.
C. Approval authority.
Refer to CMC Section 17.02.040, Administrative Responsibility/Authorities, Table
17.02.040.
D. Findings.
5 The review authority shall make the following findings before approving a Conditional Use Permit application:
1. The proposed use is consistent with the General Plan, the purpose of the Zoning Code, and the purpose of the applicable Zone and any applicable Specific Plans or city regulations and standards.
2. The site is adequate in size, shape, and design to accommodate the proposed use, including required yards, parking, loading, landscaping, and other features necessary for compatibility with surrounding land uses.
3. Adjacent streets and highways are sufficient in width and design to handle traffic generated by the use.
4. The proposed use will not adversely affect neighboring properties or their permitted uses.
5. Conditions necessary to protect public health, safety, and welfare are included in the decision. Such conditions may address use regulations, setbacks and buffers, fences and walls, parking and street improvements, access, signage, landscaping and maintenance, noise and operational limits, development timelines, duration of use, and other measures ensuring orderly and consistent development E. Conditions of approval.
1. Conditions imposed as part of a Conditional Use Permit shall be incorporated into the approval letter and shall remain in effect for the life of the permit. The permit holder shall at all times maintain compliance with all conditions imposed.
2. Conditions may address operational limits, mitigation measures, development standards, reporting or monitoring requirements, and any other provisions deemed necessary to ensure compatibility with surrounding uses. Such conditions are in addition to, and do not replace or modify, any conditions required to satisfy the findings set forth above.
F. Approval applies to the land.
An approved Conditional Use Permit shall run with the land and shall be binding on all subsequent owners, operators, tenants, and occupants of the subject property.
G. Revocation and Voiding of Conditional Use Permits.
1. The permittee shall receive written notice stating the hearing details at least 20 days in advance. Public notice shall comply with CMC Section 17.02.060.
2. Notice of the review authority’s action, including the resolution and reasons for revoking the permit, shall be mailed to the petitioner.
3. A permit is deemed void if the approved development timeline expires without a time extension under CMC Section 17.02.060 E; or, if the approved use is discontinued or replaced for 180 days.
6 17.04.040 Site Plan Review
The purpose of the Site Plan Review (SPR) process is to implement the General Plan’s goals, policies, and objectives to achieve high-quality land planning and design; ensure compliance with adopted development standards, objective design standards, and design guidelines to protect public health, safety, welfare, and community interests; confirm that new development and redevelopment do not create public service or facility demands exceeding the capacity of existing or planned infrastructure; and provide clear, consistent, and efficient procedures for processing planning and development applications.
A. Applicability.
Site Plan Review and approval shall apply to all zoning districts for any new development, redevelopment, or new construction, including remodeling, alteration, relocation, rebuilding, or expansion of any building, dwelling, parking or storage lot, or other developed area of the city. Development plans shall be submitted for plan check and building permit issuance only after site plan review approval by the Director, Planning Commission, or City Council.
1. Zoning Clearance. A Zoning Clearance is a streamlined review process used to verify that a proposed project or use complies with applicable zoning regulations, such as permitted uses, setbacks, height limits, and other development standards. Zoning Clearances are typically applied to minor projects that do not require a site plan review or other discretionary approvals, see CMC Section 17.02.040(D). Projects that qualify for a Zoning Clearance include:
a. Construction of accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) 800 square feet or less that otherwise complies with Government Code § 66323. The provisions of CMC Section 17.24.080 shall apply. b. Exterior additions to single-family residential structures comprising less than 25 percent of the square footage of the main or primary dwelling or up to 500 square feet, whichever is less.
c. Other minor exterior or interior improvements that the director deems to be similar in nature and intensity to the above criteria.
d. Reroofing of a structure
e. Windows and doors change out for existing single-family residential structures. f. New or change out of existing ground-mounted air conditioning (HVAC) units for single-family residential structures.
g. Installation of small residential rooftop solar energy systems within single-family zoning districts.
h. Installation of electric vehicle charging stations within residential zoning districts, subject to the provisions of Government Code § 65850.7. i. New Business License applications.
7 j. Accessory structures as defined in CMC Chapter 17.22.010.
2. Minor Site Plan Review. Minor Site Plan Review applications are subject to the Director’s Review. Prior to approval, the Director shall make findings that the project is consistent with the General Plan, Zoning Code, applicable Specific Plans, and design guidelines. Eligible projects for Minor Site Plan Review are:
a. Residential Development and Additions:
i. Construction of an ADU, except where prohibited by Government Code § 66323, subject to CMC Section 17.20.080
ii. Additions to single-family residences increasing floor area by 50 percent or more, or garage conversions to non-ADU/JADU uses.
iii. Exterior and interior remodeling of primary dwelling. iv. Construction of up to four new single-family residential structures. v. Construction of up to 10 multifamily units.
vi. Two-unit development and urban lot splits in a single-family residential zone, subject to the provisions of CMC Section 17.20.060.
vii. Multifamily projects processed under Government Code § 65913.4 (SB 35). b. Minor Renovations and Alterations
i. Expansions increasing total floor area by no more than 10 percent or 2,000 square feet, whichever is less.
ii. Parking expansions by no more than 15 percent or 10 stalls, whichever is less. iii. Multi-family additions that do not increase total floor area by more than 10 percent and do not create new dwelling units.
iv. Facade improvements or remodeling of commercial buildings and nonresidential structures.
v. Revisions to approved landscape or irrigation plans that change plant materials, quantities, or irrigation systems.
vi. Installation of electric vehicle charging stations within nonresidential districts. c. Other Minor Projects
i. Resurfacing or restriping of existing parking or storage lots without design or layout changes, or for compliance with ADA regulations. ii. The conversion of a legal nonconforming residence to a permitted nonresidential use in commercial or industrial zones shall comply with Government Code §66300.6.
iii. Other projects the Director deems similar in nature and intensity or otherwise required to be reviewed administratively by law.
8 3. Major Site Plan Review. Major Site Plan Review applications are subject to Planning Commission review and include:
a. Construction of five or more single-family houses.
b. Construction of 11 or more multi-family units.
c. Any new commercial, industrial, and nonresidential development. d. Major remodeling, alteration, relocation, rebuilding, or expansion of commercial centers, nonresidential buildings, multifamily complexes, or parking and storage lots.
e. Any proposal exceeding the criteria for a Minor Site Plan Review.
B. Preliminary Review application.
A preliminary review application provides an optional opportunity for applicants to meet with city staff to review a project in its conceptual stage and receive an initial assessment of potential issues before submitting a formal Site Plan Review application or other related planning applications. This process helps reduce review times and streamline project processing by identifying key concerns early.
This preliminary application is an informal review process and is not the same as, nor intended to substitute for, a “Preliminary Application” under Government Code § 65941.1, which is intended to vest development rights at an early stage rather than to facilitate a conceptual project discussion.
1. The preliminary review allows staff to advise on the following:
a. Applicants on applicable city standards, requirements, and permitting procedures; and
b. Evaluate whether a proposal meets these standards before significant investment; and
c. Identify necessary studies, analyses, or mitigation measures; and d. Offer design recommendations to minimize neighborhood and environmental impacts.
2. Although not mandatory, preliminary review applications are encouraged for complex projects such as:
a. General Plan Amendments,
b. Rezonings,
c. Specific plans,
d. Mixed-use developments,
e. Single-family projects with five or more units or lots, f. Multifamily projects with eleven or more units, and
9 g. Commercial, industrial, or other nonresidential developments.
3. Application, fees, and review procedures.
a. The applicant shall submit a complete Preliminary Review application, including required forms, preliminary plans or conceptual drawings, applicable fees, and any supporting documentation, to the Planning Division.
b. Planning staff shall conduct a preliminary review of the application for completeness and general consistency with applicable zoning, development, and environmental criteria, and may request conceptual clarifications, supplemental information, or plan refinements to facilitate further processing and feedback. c. Planning staff shall evaluate whether the submitted materials meets the requirements to proceed into formal entitlement, site plan review or other permitting review processes.
C. Site Plan Review Application, Fees, Review Process, and Procedures.
The application submittal, fees, review process, and procedures shall comply with CMC Chapter 17.02 Section 17.02.060 General Application, Review Process, and Procedures.
D. Approval Authority and Appeal Procedures.
1. CMC Chapter 17.02, Sections 17.02.070 A, B, and C, and Table 17.02.070A shall govern the designated approving authority.
2. CMC Chapter 17.02, Section 17.02.080, shall govern all policies and requirements regarding completeness review, appeals, resubmittals, and related processes.
3. The review process and procedures for qualified SB 35 multi-family housing projects shall follow Government Code § 65913.4.
D. Findings and conditions of approval.
1. Findings. The Planning Commission shall approve, or approve with conditions, an application for a Major Site Plan Review only after making the following findings:
a. The project complies with all provisions of the General Plan, Zoning Code, and any applicable Specific Plan, Design Guidelines, and Objective Design Standards; and b. The design of the proposed development will not interfere with the use and enjoyment of the existing neighborhood and future development, and will not create traffic or pedestrian hazards; and
c. The proposed development has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); and d. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties in the vicinity; and e. The development complies with the provisions for dedications, public improvements and undergrounding utilities pursuant to CMC Section 17.04.030(J)
10 and congestion management and transportation demand management requirements pursuant to CMC Section 17.22.050.
2. Conditions. The Director or the Planning Commission may impose such conditions as are needed to:
a. Protect public health, safety, and general welfare; and b. Achieve the general purpose of this chapter or the specific purpose of the zoning district in which the project is located, or for General Plan compliance; and c. Minimize all undesirable or unsightly appearances that do not comply with design guidelines; and
d. Provide an orderly and visually aesthetic development within the intent of this Title.
G. Modifications.
Requests to modify an approved Site Plan or permit shall be filed with the Planning Division, accompanied by the fee established by City Council resolution. A modification may include changes to project design, permit terms, or Conditions of Approval. If the Director determines a proposed action does not substantially conform to the original approval, the applicant shall submit a modification application. The Director may approve a modification if it does not:
1. Change the character, scope, size, or intensity of the development; and
2. Significantly increase impacts on infrastructure or traffic; and
3. Alter external impacts on adjacent properties; and
4. Reduce approved setbacks or increase building height.
If these criteria are not met, the modification shall be reviewed by the original approving authority. A modification may be granted only if all findings required for the original approval are made.
H. Revocation and Reapplications.
The procedures governing revocation of approvals and eligibility for reapplication following revocation shall be in accordance with the provisions of Chapter 17.02 Section
17.02.060 General Application, Review Process, and Procedures.
17.04.050 Variances and Minor Deviations.
The purpose of the Variance and Minor Deviation process is to provide a mechanism for granting limited relief from the strict application of zoning regulations when, due to special circumstances applicable to a property, the literal enforcement of such regulations would result in practical difficulties or unnecessary hardship. This process ensures that any deviation from development standards remains consistent with the intent and purpose of the Zoning Code, maintains the integrity of the General Plan, and does not grant special privileges inconsistent with limitations on other properties in the same zoning district. Variances and Minor Deviations are intended to accommodate unique physical site conditions while preserving neighborhood character, protecting
11 the public health, safety, and welfare, and ensuring equitable application of land use regulations.
Any Variance granted pursuant to any Zoning Ordinance enacted prior to the effective date of this ordinance shall be construed to be a Variance under this title, subject to all conditions imposed in such Variance.
A. Minor Deviations.
1. The Director may review and decide on Minor Deviations through ministerial approval.
Table 17.04.050-1 Minor Deviations
Standard Maximum Reduction or Increase
Lot area 10% reduction
Minimum setbacks 20% reduction but must maintain
a) minimum 5 feet interior side yard
b) minimum 20 feet front yard
c) minimum xx feet street side yard
d) minimum 15 feet rear yard
Maximum lot coverage 10% increase
Building height
(including accessory structures,
flag poles, signs)
5 feet or 10% increase, whichever is less, including
the ground floor height
Maximum fence/wall height 1.5 feet increase (except within the front yard area) Front Yard landscape coverage reduction from the required 50% to 40% Parking Reduction 10% reduction of total requirement
2. In granting a Minor Deviation, the Director shall find that all of the conditions listed in subsection (1) of this section exist in reference to the subject property. The Director may impose reasonable conditions and requirements as terms of approval.
B. Variances
When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reason of the strict interpretation of any of its provisions, any property owner may initiate proceedings for consideration of a Variance from the provisions of this title. A Variance will not be granted to permit a use not permitted in the zone by this title.
1. Department Investigation. The Director shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this title. In cases where the Planning Division considers the reasons as set forth on the application not all within the scope of the Variance or that the application is incomplete, the applicant shall be so informed; whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval.
12 2. Commission Public Hearing. After an application for a Variance is deemed complete, the Director shall set the matter for a public hearing to be held by the Planning Commission. Notice of the public hearing shall be given pursuant to CMC Section
17.02.060.
3. Findings. The Commission, before it may grant a Variance, shall make a finding that in the evidence presented that the following conditions exist in reference to the property being considered:
a. There are exceptional or extraordinary circumstances or conditions (including size, shape, topography, location or surroundings) that do not apply to other properties in the same vicinity and zone; and
b. The variance is necessary to preserve and enjoy the property rights of the applicant, which other property owners in the same vicinity and zone enjoy, and therefor shall not constitute a grant of special privilege; and
c. The granting of the variance will not be detrimental to the public health, safety, convenience, and welfare or injurious to property and improvement in the same vicinity and zone in which the property is located; and d. The granting of such a variance will not be contrary to the objectives of the General Plan.
4. Planning Commission Decision. The Planning Commission shall announce its decision at a regular meeting or scheduled a special meeting within 30 days after the conclusion of the hearing. The decision shall approve, conditionally approve or disapprove the application, and shall set forth findings in support of the decision, and shall be filed with the Council within 20 days of the decision. A copy thereof shall be mailed to the applicant at the address shown on the application.
5. Revocation of Variances. The procedures governing revocation of approvals and eligibility for reapplication following revocation shall be in accordance with the provisions of CMC Section 17.02.090. Time limits for the Variance shall be in accordance with CMC Section 17.02.080(C).
17.04.060 Existing Lots.
A. Every parcel of land existing on the effective date of the ordinance codified in this Title shall be deemed to be one lot and shall be subject to all property development standards stated in the zone which it is located.
B. No parcel of land existing on the effective date of the ordinance may be reduced below the minimum standards for lot area for the zone in which the lot is located.
C. No lot area may be reduced or diminished in size in such a way that the yards, open spaces, or occupancy will be less than the requirements of the zone it’s located.
17.04.070 Use Determination.
A. Purpose.
13 The land use table may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, conditionally permitted, or not permitted, the use determination section allows the Director to determine whether or not a proposed use is similar to a listed use and whether it may be permitted or conditionally permitted in a particular zone.
B. Applicability.
A similar use determination is required when a use is not specifically listed in this code but may be permitted if it is determined to be similar in nature to a use that is permitted or conditionally permitted.
C. Review process.
1. A use determination can be initiated by staff or the public using an application provided by the Director.
2. The Director or the designee shall prepare a use determination.
3. The issuance of a use determination is an administrative function of the Director and a public hearing or notice is not required.
D. Findings.
The Director shall first make a finding that all of the following conditions exist:
1. That field investigations have determined the use and operation are compatible with the uses permitted in the zones wherein it is proposed to be located; and
2. That the subject use is similar to one or more uses permitted in the zone which it is proposed to be located; and
3. That the subject use will not cause substantial injury to the values of property in the zone which it is proposed to be located; and
4. That the subject will be designed, located and operated so that the public health, safety and general welfare will be protected.
E. Director Determinations.
The Director shall have the authority to make use determinations for proposed uses not explicitly identified in the zoning code, and is further authorized to make interpretations of zoning provisions as expressly provided in CMC Chapter 17.02.040(D), provided that the following criteria are met:
1. The proposed use is consistent with the intent and purpose of the zoning district in which it is proposed.
2. The proposed use is similar in nature, function, and potential impact to other uses permitted in the same zoning district.
3. The proposed use will not adversely affect adjacent properties, the environment, or the public health, safety, and welfare.
14 4. Once approved, the Director shall prepare a brief report for the Planning Commission that summarizes the proposed project and includes the required findings. The report will outline the project’s key components, highlight any potential issues, conditions of approval, along with relevant supporting documents.
5. If the Director determines that the proposed use may warrant additional review or is of significant public interest, the Director shall have the authority to forward the use determination request to the Planning Commission for consideration and final determination.
17.04.080 Nonconforming Structures, Uses, and Parcels
A. Purpose and Intent.
1. This section is designed to ensure fairness by limiting the number and extent of nonconforming uses. It does so by regulating their enlargement, reestablishment after abandonment, and alteration or restoration after destruction of the structures they occupy.
2. This section also intends to limit the number of and extent of nonconforming structures by prohibiting their movement, alteration, or enlargement in a manner that would increase the discrepancy between existing conditions and the standards currently prescribed in this Zoning Code.
B. Applicability.
The provisions of this section apply to structures, lots, and uses that have become nonconforming by adoption of this Zoning Code, as well as structures, lots, and uses that become nonconforming due to subsequent amendments to this Zoning Code or to the Zoning Map.
C. General Provisions.
1. Nonconforming Uses of Land. A nonconforming use of land may be continued, transferred, or sold, provided that there is no enlargement, intensification, or expansion to occupy a greater area than it lawfully occupied before the use became nonconforming.
2. Change in Tenancy, Ownership, or Management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use.
3. Change from Nonconforming to Permitted Use. Any nonconforming use may change to a use allowed by right in the zoning district in which it is located, provided that the use complies with all applicable standards. Once a nonconforming use has been changed, it shall not be reestablished.
4. Absence of Permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.
D. Continuation and Maintenance.
15 1. A use lawfully occupying a structure or a site, that does not conform with the use regulations or the development standards for the zoning designation in which the use is located shall be deemed to be a nonconforming use. It may be continued, except as otherwise provided in this chapter.
2. A structure, lawfully occupying a site, that does not conform with the development standards for front yards, rear yards, height, coverage, or distances between structures, for the zoning designation in which the structure is located, shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.
3. Routine maintenance and repairs that do not constitute an alteration or addition may be performed on a structure or site when the use is nonconforming, and on a nonconforming structure.
E. Alterations and Additions to Nonconforming Uses and Structures.
1. A nonconforming structure, which is nonconforming by reason of its use, shall not be moved, altered, or enlarged unless required by law, or the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as otherwise provided in this section.
2. A nonconforming use shall not be enlarged, intensified, or extended in such a way as to occupy any part of the structure or site or enlarged or another structure or site which it did not occupy at the time it became a nonconforming use or in such a way as to displace any conforming use occupying a structure or site, except as otherwise provide in this section.
3. A nonconforming structure shall not be altered or reconstructed to increase the discrepancy between existing conditions and the development standards for front yards, side yards, rear yards, height of structures, or usable open space prescribed in the development standards for the zoning designation in which the structure is located. A nonconforming structure shall not be moved or enlarged unless the new location or enlargement conforms to the development standards or usable open space prescribed in the development standards for the zoning designation in which the structure is located.
4. A use which fails to meet the development standards of the zoning designation in which it is located shall not be enlarged or extended, or shall not have equipment replaced that results in failure to meet development standards, unless the enlargement, extension, or replacement will result in elimination of nonconformity with development standards for that zoning designation.
F. Discontinuation of Nonconforming Use.
Whenever a nonconforming use has been discontinued, or changed to a conforming use for a continuous period of 180 days or more, the nonconforming use shall not be reestablished, and the structure or site thereafter shall be in conformity with the development standards for the zoning designation in which it is located. Discontinuance of a use shall include cessation of the existing nonconforming use, regardless of intent to resume said nonconforming use. The Planning Director shall base a determination of discontinuance on
16 evidence, including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Without further action by the City, any further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.
G. Change of nonconforming use.
The Planning Commission may consider and approve, or conditionally approve, a request to change a nonconforming use to a different nonconforming use, provided that:
1. There is no new building/structure proposed beyond any existing building/structure on the property; and
2. The different nonconforming use is not of greater intensity or type resulting in an increase in: traffic, noise, odor, lighting, residential dwelling units, the need for additional parking, and improvements required to ensure compliance with building and fire codes; and
3. A Conditional Use Permit is obtained.
H. Restoration of Damaged Structure.
1. Whenever a structure which does not comply with the standards for front, side, and rear yards; height of structures; distances between structures; and parking facilities as prescribed in the regulations for the zoning designation in which the structure is located, or for the use which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50% or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50% or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.
2. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure, as it existed prior thereto. Estimates for this purpose shall be prepared by, or reviewed and approved by, the building official and shall be based on the minimum cost of construction in compliance with the building code.
3. Restoration of a nonconforming use or structure shall require the issuance of a Site Plan Review, CMC Section 17.04.030.
I. Nonconforming Parcels or Lots.
A nonconforming parcel or lot may be used, developed, or improved subject to the following:
1. A nonconforming parcel or lot shall only be allowed those uses that are permitted by the underlying zone, and such uses shall be subject to all other provisions of this title.
17 For exceptions, see nonconforming uses in CMC Section 17.04.090 E alterations and additions to nonconforming uses and structures.
2. A nonconforming parcel or lot may be developed or improved, provided that the nonconforming lot was legally created and the development or improvement and uses conform to all provisions of the Zoning Code, including the standards of the applicable zone, with the exception of the nonconforming lot size, dimension, or configuration.
3. Nonconforming parcels or lots may be merged and/or reconfigured with conforming or nonconforming lots to create the same or fewer number of lots, but which conform more closely to the applicable standards of the underlying zone, subject to all other provisions of this title.
1 FINAL DRAFT (JUNE 2026)
Chapter 17.06 Single-Family Residential Zones
Sections
17.06.010 Purpose and Intent
17.06.020 Classification of Zones and Density
17.06.030 Permitted Uses and Conditionally Permitted Uses
17.06.040 Property Development Standards
17.06.050 General Development Standards
17.06.060 Allowed Projections Above Building Height Limit
17.06.070 Projections into the Required Setbacks/Yards, Equipment, and Pools
17.06.080 Slopes and Hillside Standards
17.06.090 Keeping of Animals
17.06.100 Design Guidelines
17.06.110 Applications, Submittal Requirements, Review Process, Approval and Appeal Procedures
17.06.010 Purpose and Intent.
The purpose and intent of the single-family residential zones are as follows:
A. Provide a full range of housing types consistent with the City of Covina General Plan.
B. To preserve, protect, and enhance the character of the City's residential neighborhoods, while also allowing for necessary development.
C. Maintain a proper and proportionate scale and design for new construction or alterations to existing structures, aligning with the character and physical attributes of the established neighborhoods.
D. Create a high-quality living environment that enhances residents' well-being and lifestyle through spacious, well-designed homesites.
E. Requiring a minimum lot area and restricting the development to one dwelling unit per lot will ensure ample light, air, privacy, and open space for each dwelling.
17.06.020 Classification of Zones and Density.
A. The following are the classifications of six single-family residential zones as established by the General Plan. All development shall follow the City’s General Plan Land Use goals and policies and the development standards set forth in this chapter.
1. Estate Residential Zone (E-1). The development of single-family homes on large estate-style properties, with a minimum lot area of one acre.
2. Estate Residential Zone (E-1/2). The development of single-family homes on large estate-type homesites, with a minimum lot area of one-half acre.
2 3. Single Family (R-1-20,000). The development of single-family homes on large estate-type homesites, with a minimum lot area of 20,000 square feet.
4. Single Family (R-1-10,000). The development of single-family homes on spacious lots, with a minimum lot area of 10,000 square feet.
5. Single Family (R-1-8500). The development of single-family residential homes on lots with a minimum lot area of 8,500 square feet.
6. Single Family (R-1-7500). The development of single-family residential homes on lots with a minimum lot area of 7,500 square feet.
7. RTP Residential Zone (Trailer and Mobile Home Parks). Comply with regulations under Chapter 17.24 Section 17.24.200 RTP Residential Zone (Trailer and Mobile Home Parks)
B. Density. Development density is not solely determined by the maximum General Plan density. It is also influenced by factors such as lot configuration, topography, unit size, and most importantly, neighborhood context.
17.06.030 Permitted Uses and Conditionally Permitted Uses Table 17.06.030 outlines land-use regulations for permitted and conditionally permitted uses in the Single-Family Residential Zones. Uses not specifically listed in the table are deemed prohibited. When a particular land use or activity is not defined, the Community Development Director shall assign it to a classification that is substantially similar in character and operation, in accordance with CMC Chapter 17.04, Section 17.04.080 Use Determination.
Table 17.06.030-1 Land Use Regulations for Single-Family Residential Zones Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Conditional Use Permit
Land Use Classifications E-1 E-1/2 and
R-1-
20,000
R-1-
10,000
R-1-8500
and
R-1-7500
Additional
Regulations
Accessory Uses
Domestic pets P P P P Section 17.06.090
Noncommercial animalkeeping P P (E-1/2)
N (R-1-
20,000)
N N Section 17.06.090
Pool and Spa P P P P CMC Chapter
17.06.060
Pool house P P P P CMC Chapter
17.22.010
3 Table 17.06.030-1 Land Use Regulations for Single-Family Residential Zones Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Conditional Use Permit
Land Use Classifications E-1 E-1/2 and
R-1-
20,000
R-1-
10,000
R-1-8500
and
R-1-7500
Additional
Regulations
Private recreation courts
(tennis, pickleball, and
basketball)
A A N N CMC Chapter
17.22.100
Private horse stables or barns P P N N CMC Section
17.06.090
Private EV home chargers and
(noncommercial) battery
storage units
P P P P CMC Section
17.06.070
Freestanding flagpole P P P P Maximum 35 feet
height
Assembly Uses
Places of Assembly C C C C
Banquet facilities C C N N
Day Care Faculties
Pre-school and childcare
centers
C C C C
Day nurseries C C C C
Education Services
Kindergarten, Transitional
Kindergarten, primary, junior,
and high school (public)
P P P P
Kindergarten, Transitional
Kindergarten, primary, junior,
and high school (private)
C C C C
Colleges and universities
(public)
P P P P
Colleges and universities
(private)
C C C C
Public and Quasi-Public Uses
Public parks P P P P
Community centers P P P P
Libraries P P P P
Museums P P P P
Residential Uses
4 Table 17.06.030-1 Land Use Regulations for Single-Family Residential Zones Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Conditional Use Permit
Land Use Classifications E-1 E-1/2 and
R-1-
20,000
R-1-
10,000
R-1-8500
and
R-1-7500
Additional
Regulations
Single-family houses,
detached
P P P P
Accessory Dwelling Unit
(ADU) and Junior Accessory
Dwelling Unit (JADU)
P P P P CMC Chapter
17.20.080
Family daycare (small) 8 or
fewer children
P P P P
Family daycare (large) up to
14 children
P P P P
Group homes (6 or fewer
residents)
P P P P
Group homes (7 or more
residents)
C C C C
Guest houses (detached) P P P P Short term rentals
are prohibited
In Home businesses and
Cottage food operations
P P P P CMC Chapter
17.24.120
Residential care facilities
(small, with 6 or fewer
residents)
P P P P
Residential care facilities
(large with 7 or more
residents)
C C C C
Senior housing, assisted living
facility, and memory care
facility
C C C C
Urban lot splits (SB 9) and two
units
P P P P CMC Chapter
17.20.060
Transitional housing P P P P
Short term rental C C C C
Utilities, Wireless Communication Uses and Extraction
5 Table 17.06.030-1 Land Use Regulations for Single-Family Residential Zones Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Conditional Use Permit
Land Use Classifications E-1 E-1/2 and
R-1-
20,000
R-1-
10,000
R-1-8500
and
R-1-7500
Additional
Regulations
Electrical distribution and
public utility substations
C C N N
Wireless communication
facilities on private property
(stealth only)
C C N N CMC Chapter
17.24.250
6 17.06.040 Property Development Standards
Subdivisions, new land uses, new construction and structures, and alterations to existing land uses and structures must comply with the property development standards under Table 17.06.040, including all applicable zoning code provisions of CMC Title 17 and Design Guidelines.
Table 17.06.040-1 Property Development Standards—Single Family Residential Zones Property
Development
Standards
E -1 E-1/2
R-1-20,000
R-1-10,000 R-1-8,500
R-1-7,500
Minimum Lot Size (acre/square feet)
New lots 1 acre ½ acre (E-1/2)
20,000 (R-1-
20,000)
10,000 8,500 (R-1-8,500)
7,500 (R-1-7,500)
Minimum Lot Width (feet)
Interior 100 100 80 70 (R-1-8,500)
60 (R-1-7,500)
Corner/Street side - No
requirement
(NR)
105
85 77.5 (R-1-8,500)
67.5 (R-1-7,500)
Cul-de-sacs 45 at front lot
line, 100 at
building
setback
45 at front lot line,
100 at the building
setback
45 at front lot
line; 80 feet
front setback
45 at front lot line; 70
feet front setback
(R-1-8,500)
45 at front lot line; 60
feet front setback
(R-1-7,500)
Minimum Lot Depth (feet)
Lot depth 150 150 110 105 (R-1-8,500)
100 (R-1-7,500)
Minimum Setbacks and Yards Measured from Ultimate Property Lines (feet) Front 60 25 25 25
Interior side 30 15 (E-1/2)
10 (R-1-20,000)
10 5
Corner street side 60 15 (E-1/2)
12.5 (R-1-20,000)
12.5 12.5
Reverse corner 60 15 15 15
Rear 30(1) 25 25 25
Alley 5 5 5 5
Garage setback 25 25 25 25
Additional Building Step-back (feet) for Second Story from Property Line Interior side and corner
street side
30 + 2.5 15 + 2.5 (E-1/2)
10 + 2.5 (R-1-
20,000)
10 + 2.5 5 + 2.5
7 Table 17.06.040-1 Property Development Standards—Single Family Residential Zones Property
Development
Standards
E -1 E-1/2
R-1-20,000
R-1-10,000 R-1-8,500
R-1-7,500
Coverage (PERCENTAGE)
Maximum lot coverage
(2)
50 50 50 40
Front yard coverage (4) 50 50 50 50
Building height (feet)
Maximum building
height
35 35 35 35
Floor Area (3) (square feet)
Minimum floor area for
main dwelling
1,100 1,100 1,100 1,100
Maximum floor area
for detached accessory
building
50% of main
dwelling
50% of main
dwelling
50% of main
dwelling
50% of main dwelling
Distance Between Buildings (feet)
Between main house
and accessory building
(feet) (5)
6 6 6 6
Between main house
and detached garage
(feet)
25 25 25 25
Between two accessory
buildings (feet) (5)
6 6 6 6
Notes:
(1) For through-lots, the yard designating as the rear yard shall be 60 feet. (2) Lot coverage includes main dwelling, accessory structures, garages, carports, covered patios and porches, gazebos and pergolas, and decks over 36-inch high. (3) Minimum floor area for a main dwelling does not include a garage, carport, patios, or open porches.
(4) Front yard coverage exclude the paved access to garage, but include hardscape such as concrete, stamped concrete, pavers, gravel or landscape rocks. (5) Distance between buildings are measured from eaves to eaves.
17.06.050 General Development Standards
New development, construction, additions, and alterations to existing sites, structures, and accessory structures must comply with all provisions of Chapter 17.22, General Development Standards. These standards include, but are not limited to, accessory structures, fences, walls, corner cutbacks, ground-mounted and roof-mounted equipment and projections, screening, outdoor storage screening, signs, performance standards, water-efficient landscape requirements,
8 transportation demand management, property maintenance, historic preservation, tree preservation and dedication, public improvements, and underground utilities.
17.06.060 Allowed Projections above Building Height Limit Architectural features and building elements may extend beyond the maximum building height limit as outlined in the table below. Such extensions are only allowed to the extent and under the conditions explicitly specified therein. The table below lists the various architectural features that may protrude above the building height and sets forth the regulations for these projections in residential zones.
Table 17.06.060-1 Allowed Projections above Building Height Limits in Residential Zones
Structures Allowed
Above Height Limit Maximum Coverage
Maximum Projection
Above Height Limit
(feet)
Non-habitable decorative
features, including spires,
belfries, cupolas, domes,
and other similar
architectural elements
10% of roof area 3
Skylights 20% of roof area 1
Chimneys not over 6 feet
in width
10% of roof area 3
Building-mounted
telecommunications
facilities
See CMC Chapter 17.24.160
17.06.070 Projections into the Required Setbacks and Yards The following table identifies structures, building elements, equipment, and pools that are permitted to project into or be located within required setbacks and yard areas. All such projections and encroachments shall comply with the standards and limitations set forth in the table below.
9 Table 17.06.070-1 Projections into the Required Setbacks and Yards Front Rear Interior
Side
Corner/
Street
Side
Minimum
Distances from
Property Lines
Maximum Roof Projections (feet) into Required Yards
Cornices, eaves,
canopies, and similar
roof projections
2 2 2 2 3 ft interior side
8 ft street side
10 ft reverse corner
Maximum Building Wall Projections
Bay windows, sills,
fireplaces, chimneys,
and similar wall
projections
2 2 2 2 3 ft interior side
8 ft street side
10 ft reverse corner
Stairways and fire
escapes or similar
features
Not
allowed
4 4, Not
allowed
3 ft interior side
5 ft rear
Landing places, patios,
and decks 18 inches or
less above grade
No
maximum
No
Maximum
3 5 3 ft interior side
8 ft street side
10 ft reverse corner
Open and unenclosed
entry porches and decks
19 to 30 inches above
grade
4 6 Not
allowed
4 8 ft street side
10 ft reverse corner
Covered entry porch and
decks 19 to 30 inches
above grade, including
roof and roof overhang
4 6 Not
allowed
4 8 ft street side
10 ft reverse corner
Wall Mounted and Ground Mounted Equipment (feet)
AC Compressor, pool
equipment
Not
allowed
4 4 Not
allowed
5 ft interior side
5 ft rear
Private EV home
chargers
Allowed Not
allowed
Not
Allowed
Not
allowed
Not allowed
New or replacement
Water heater tanks
Not
allowed
5 5 Not
allowed
5 Pools and Spas
Swimming pools and
spas
Not
allowed
Maintain
5 feet
from
property
line
Maintain
5 feet
from
property
line
Maintain
10 feet
from
property
line
5
10 17.06.080 Slopes and Hillside Standards
A. For downhill sloping lots with a slope of 4 to 1 or greater, the height of a second-story building shall not exceed 16 feet measured from the existing street grade at the front yard setback line.
B. Driveway grades.
1. Driveway length (landing) in front of a garage and less than 25 feet shall not exceed a maximum 6 percent grade.
2. Driveway grades for uphill or downhill lots must meet the following minimum dimensions and maximum percent grades: a 6-percent grade at 6-feet from the front property line; a segment of up to 10-feet of the driveway may exceed 6-percent and reach a maximum of 20-percent; and a 6-percent grade at 20-feet (landing) in front of the garage. The portion of the driveway with a grade greater than 15-percent should include coarse paving materials or grooves for traction.
C. Slopes with a ratio of 4 to 1 or steeper shall not be included as lot area or as part of the required yard.
D. Slope protection and landscaping.
1. To protect slopes from soil erosion and slippage and to facilitate significant revegetation, a permanent irrigation system shall be installed on all slopes requiring planting. The design shall emphasize the use of plant materials that will not eventually require irrigation. Water and energy conservation techniques shall be used, including, but not limited to, drip irrigation and alluvial rockscape.
2. Where slopes are 3 to 1 or steeper and at least 5 feet high, jute netting or similar material approved by the Director shall be used to stabilize planting and reduce soil erosion.
E. Lot lines shall be at the top of terraced pads on the uphill lots or pads, and before a twofoot bench area on the downhill lots and pads.
F. Fences and wall heights shall comply with CMC Chapter 17.22, Section 17.22.160. The maximum height for fences and walls, including retaining walls, shall be 8 feet for interior side or rear yards. For areas with extreme slopes, use terraced retaining walls. Each retaining wall shall be separated by at least 3 feet. Include landscape materials between the terraced walls.
G. Retaining walls used to create lot pads, including pads for detached accessory structures, shall not exceed 4 feet in height. Terraced retaining structures are required to accommodate additional retained areas caused by unusual or extreme conditions (e.g., lot layout, steep slope, or road design). A minimum of 3 feet shall separate terraced walls, with suitable landscaping.
I. Open decks may encroach into the slope areas up to a maximum vertical height of 6 feet.
11 J. Swimming pools and sports courts are prohibited on slopes greater than 30 percent.
17.06.090 Keeping of Animals.
The keeping of domestic pets, small or large animals, fowls, etc., shall comply with CMC Title 7.
A. The noncommercial keeping of domestic pets shall not exceed a maximum of three of any animals and up to a maximum of nine total of any combination of the following animals:
parrots, parakeets, hamsters, guinea pigs, dogs, cats, ducks, geese, pigeons, turkeys, doves, and turtles. There is no limit for tropical fish.
B One horse per one-half acre up to a maximum of two. One swine, miniature pig, or potbellied pig per lot or parcel.
C. Detached accessory structures, such as horse stables or barns, must maintain a 70-foot setback from any habitable buildings, including those on neighboring properties.
17.06.100 Design Guidelines.
New development, construction, additions, and alterations to existing sites, structures, and accessory structures shall comply with the adopted Design Guidelines for consistency with the General Plan Land Use Plan policies.
A. Design standards for additions to existing buildings.
1. The exterior and roof of all additions to existing buildings shall match the architecture and materials of the existing building.
2. Use the same architectural style, form, height, size, color, and materials as the existing building.
3. Provide horizontal articulation to the building plane by recessing or projecting the building wall at least two feet and up to four feet for a minimum distance of five feet.
4. Reasonable variations in design are permitted, subject to the approval of the Director.
5. The replacement or installation of new water heater tanks outside the garage must be within an enclosed structure and must be architecturally integrated with the main dwelling's design, including the roof, roof pitch, walls, doors, materials, and color.
17.06.110 Applications, Submittal Requirements, Review Process, Approval and Appeal Procedures.
New development, redevelopment, or new construction, including remodeling, additions, or alterations to existing structures and accessory structures, must comply with the requirements of CMC Chapter 17.04.040 Site Plan Review and other entitlements as determined necessary by the Director. The applications, submittal requirements, review process, hearing and noticing requirements, and approval and appeal procedures shall comply with the requirements of CMC Chapter 17.02 General Provisions and Administration.
FINAL Draft (JUNE 2026)
Chapter 17.08 Multi-Family Residential Zones
17.08.010 Purpose and Intent
17.08.020 Density
17.08.030 Permitted and Conditionally Permitted uses
17.08.040 Property Development Standards.
17.08.050 Additions to Existing Buildings
17.08.060 Allowed Projections Above Building Height Limit
17.08.070 Small Lot Single-Family Development.
17.08.080 Multi-family Residential Supplemental Regulations.
17.08.090 Building types With Specific Building Design and Architectural Standards
17.08.100 Condominium Conversions.
17.08.110 Performance Standards.
17.08.120 Applications, Submittal Requirements, Review Process, Approval and Appeal Procedures
17.08.130 Findings and Conditions.
17.08.010 Purpose and Intent.
A. Intent. The Multi-Family Residential Zone intends to provide a full range of housing types and densities consistent with the general plan. The housing types may range from smalllot single-family detached houses, duplexes, triplexes, fourplexes, courtyard housing, townhouses, condominiums, and apartments.
B. Purpose. The purpose of the Multi-Family Residential zone is to do the following:
1. Preserve, protect, and enhance the character of residential neighborhoods; and
2. Provide a physical environment that contributes to and enhances the quality of life of city residents; and
3. Ensure adequate light, air, privacy, and open space for each dwelling; and
4. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding homes and appropriate to the physical characteristics of the site and the area where the project is proposed; and
5. Provide an adequate supply and range of housing types and prices that will accommodate the city’s future population growth; and
6. Ensure the provisions of public services and facilities needed to accommodate planned population densities.
17.08.020 Classification of Zones and Density.
A. Classification of Zones. The following are the classifications of two Multi-Family Residential Zones as established by the General Plan. All development shall follow the City’s General Plan Land Use goals and policies and the development standards set forth in this chapter.
1. Medium Density Residential Zone (MDR). Consistent with the general plan, the Medium Density Residential (MDR) zone has a density range of 7 to 14 dwelling units per acre.
2. High Density Residential Zone (HDR). Consistent with the general plan, the High Density Residential (HDR) zone has a density range of 14.1 to 22 dwelling units per acre.
B. Density. The yield of units or lots per acre depends on lot size and dimensions; compliance with all development regulations, such as but not limited to setbacks, building height stepbacks or terracing, parking requirements, open space (both common and private), and access points and driveways; and the presence of underlying easements, such as flood control channels.
17.08.030 Permitted and Conditionally Permitted Uses.
Table 17.08.030-1 outlines the permitted uses for each multiple-family residential zone and specifies the land use permit required for each. All land use activities must be conducted entirely within the building premises unless otherwise permitted under this section. Land uses, or activities not listed in Table 17.08.030-1, are prohibited. If a specific land use or activity is not defined, the Director will assign it to a similar classification that aligns with its nature, according to CMC Chapter 17.04 Section 17.04.080 Use Determination.
Table 17.08.030-1 Land Use Regulations – Multiple-Family Residential Zones P = Permitted Use
C = Conditional Use Permit
N = Use Prohibited
Land Use Classification MDR HDR Additional Regulations
Residential Uses
Single-family houses, detached P P
Duplex, triplex, fourplex P P
Townhouses (condominiums) P P
Townhouses (fee simple) P P
Apartments P P
Accessory dwelling unit (ADU) and
junior accessory dwelling unit (JADU)
P P Subject to CMC Section
17.20.080
Family Day Care, Small (8 or fewer
children)
P P
Family Day Care, Large (up to 14
children)
P P
Group Residential C C
Residential Care Facilities (small, 6 or
fewer residents)
P P
Residential care facilities (large, 7 or
more)
C C
In-home business or Cottage Business
(business license required)
P P Subject to CMC Section
17.24.120
Assisted living facility, and memory care
facility
C C
Educational Services
School (Pre-K – 12) C C
Colleges C C
Community/Public Assembly
Public Assembly C C
Cultural institutions such as museums C C
Libraries C C
Day care centers C C
Public Uses
Public park P P
Community center (public) P P
Government Facilities P P
Recreation Facilities C C
Communications and Utilities
Telecommunication facility such as
antennas, microwave equipment and
radio towers
C C Subject to CMC Section
17.24.250
Accessory Uses
Keeping of domestic pets P P Dogs, cats, guinea pigs,
hamsters, parrots, and
parakeets; not more than 3
of each animal and a
maximum of 9 for a
combination of the list
Pool and spa P P
Recreation building/pool house P P
Recreation courts (tennis and basketball) P P
Laundry facility P P
Other Specific Uses
Nonconforming lots, buildings, and uses Subject to CMC Chapter 17.04
17.08.040 Property Development Standards.
Subdivisions, new land uses, new construction and structures, and alterations to existing land uses and structures must comply with the Multiple-Family Residential Zone property development standards under Table 17.08.040-1, including all applicable zoning code provisions, Design Guidelines, and Covina Multifamily Objective Design Standards.
Table 17.08.040-1 Multiple-Family Residential Zone Property Development Standards Development
Standards MDR HDR Notes
Parcel/lot size (square feet) 15,000
or less
15,000
and more
15,000
or less
15,000
and
more
Lot and Density Standards
Density (dwelling units per
acre, CMC 17.08.020B)
6.1 to 10 10.1 to 14 14.1 to 17 17.1 to 22
Lot size, single-family
detached houses (sq. ft. min.)
3,500,
4,000
average
3,000 N/A N/A See CMC
17.08.070 for zero
lot line homes.
Lot size, attached housing types
(sq. ft. min.)
15,000 15,000 15,000 15,000
Minimum Lot Requirements
Lot width See CMC 17.08.070
Small Lot Residential
100 100
Corner lot width 120 120
Lot depth Development/Zero Lot
Line
100 100
Frontage for flag lot or cul-desac lot40 40
Lot coverage (max. percentage) 35% 35%
Minimum Dwelling Size (square feet)
Studio 500 500 500 500
One bedroom 700 700 700 700
Two bedrooms 1,000 1,000 1,000 1,000
More than two bedrooms +150 each additional bedroom
Building Form and Location
Minimum Setbacks (feet)
Front (4) 20 20 15 15
Street side (3) 12.5 12.5 10 10
Reversed corner (3) 15 15 10 10
Interior side 5 5 5 5
Rear 15 15 15 15
Public alley (dwelling) 10 10 10 10
Public alley (garage) 5 5 5 5
Building height (feet) 35 35 35 35 Buildings may
exceed limits per
provisions of
CMC 17.08.060.
Number of stories 2 2 3 3
Minimum Setbacks – Second Story or Greater (feet)
Street side setback 17.5 17.5 15 15
Reversed corner 20 20 15 15
Interior side 10 10 10 10
Rear 25 25 20 20
Minimum Distance Between Buildings Elevations (feet)
Front to Front 15 15 15 15
Front to Side 10 10 10 10
17.08.050 Additions to Existing Buildings.
The exterior and roof of all enclosed room additions to existing buildings shall match or be similar to the architecture and materials of the existing building. Reasonable design variations are permitted, subject to the director's approval.
17.08.060 Allowed Projections Above Building Height Limit.
The structures listed in Table 17.08.060-1, Allowed Projections Above Height Limits, may exceed the maximum permitted building height in the Multiple-Family Residential zones, subject to the stated limitations. Further, no portion of a structure that exceeds the building height limit may contain habitable area. Additional height above this limit may be approved through a conditional use permit, in compliance with the provisions of CMC Chapter 17.04.
Table 17.08.060-1 Allowed Projections Above Height Limit Structures Allowed Above the
Height Limit
Maximum
Vertical
Projection Above
the Height Limit
Maximum Coverage and
Locational Limitation
Skylights 1 foot None.
Chimneys 8 feet None.
Decorative features including
spires, cupolas, etc. Rooftop open
10 feet Limited to a total of 20% of roof
area, inclusive of all structures.
Side to Side 7.5 7.5 7.5 7.5
Open Space (Applicable to Multifamily Dwellings)
Private open space (sq. ft. per
dwelling unit)
100 100 100 100
Common open space (sq. ft. per
dwelling unit)
120 120 120 120
NOTES:
(1) The projections and exceptions to maximum building height are subject to provisions in CMC 17.08.060.
(2) An existing lot of record that is substandard as to the minimum lot size shall be permitted the development rights of the zone in which it is located except that the maximum density shall be limited to the minimum allowed within the density range. (3) Street side yard must be free and clear from any above-ground or underground facilities. (4) Front yard must be free and clear from any above-ground or underground facilities. 5 feet encroachment allowed in front yard setback for porches.
space features including sundecks,
sunshade and windscreens,
trellises, and landscaping
Must be set back from the exterior
wall one foot for every foot of
projection above the height limit.
Elevator and stair towers (for
multi-unit residential and
nonresidential buildings only)
16 feet Limited to a total of 10% of roof
area.
Must be set back from the exterior
wall one foot for every foot of
projection above the height limit.
Mechanical equipment 5 feet Must set back from the exterior wall one foot for every foot of
projection above the height limit
and screened from view from
adjacent at-grade public streets.
Fire escapes, catwalks, and open
railings required by law
No restriction None.
Telecommunications facilities,
antennas, microwave equipment,
and radio towers
Subject CMC Section 17.24.240 Wireless
Communication Facilities.
17.08.070 Small Lot Single-Family Development.
The following development standards apply to the MDR Zone with medium-density residential development, including single-family detached, single-family attached, or zero-lot-line units, at a density of 7 to 14 dwelling units per acre. In addition to the standards in this section, all small lot single-family development must comply with CMC Section 17.08.080 (Multifamily residential supplemental regulations) and the Multi-family Covina Objective Design Standards.
A. Dwelling Placement.
1. Small-lot development may include center-plot or zero-lot-line configurations.
2. Zero lot line development shall place a detached single-family dwelling adjacent to one interior side lot line with a zero-foot required setback, while maintaining a 10- foot setback on the other side. The interior side lot line, where the dwelling has a zero building setback, is a common property line shared with the adjacent property owner.
3. The opposite 10-foot side yard shall be permanently maintained free of any obstructions, except for a required solid decorative masonry garden wall, which shall be architecturally treated on both sides and subject to the director's approval.
The masonry wall shall intersect the rear property line.
B. Maintenance Easement.
1. Provide a permanent five-foot-wide maintenance easement along the interior zero lot line for the length of the lot depth to maintain and repair structures, fences, or walls.
2. Easements shall be shown on the parcel or tract map and incorporated into each deed that transfers title to the subject property.
C. Roof and Eave Design. Design the roofs of the structures to ensure that water runoff from the dwelling located on the common lot line is limited to the easement area. The eaves shall not be less than three feet from the property line.
D. Development Standards. Table 17.08.070-1 shows the development standards for small lot development. Non-fee simple housing, such as condominiums, would be exempt from minimum lot requirements. Building setback requirements are for public or private streets.
Table 17.08.070-1 Small Lot Development Standards within MDR Zone Minimum lot size (sq. feet) 3,500
Lot width (min. feet) 40
Corner lot width (min. feet) 60
Lot depth (min. feet) 85
Lot coverage (max. percentage) 45%
Minimum street frontage (feet) 25
Development and building standards CMC section 17.22
Building setbacks (min.)
Front (feet) 15
Front-on garage facing street (feet) 18
Side-on garage facing street (feet) 10
Interior side (feet) 5
Interior side for zero lot line product (feet) 10 feet one side Corner side (feet) 10
Rear (feet) Minimum 10; average 15
E. Outdoor Open Space. Each dwelling shall have a minimum of 400 square feet of private usable outdoor open space, with a minimum dimension of 10 feet.
F. Private Streets or Alleys. Private streets or alleys may provide vehicular access to individual units and provide waste collection and other public or private services. No parking is allowed within the alleys.
G. Projections Prohibited. Structures or architectural elements shall not project over any property line. Porches or stoops may encroach into the front setback no more than five feet.
H. Rights-of-Way. The zero side yard shall not be adjacent to any private or public street.
I. Walls. Fences or walls along the zero lot line shall be constructed of solid decorative masonry or similar low-maintenance materials, subject to the director's approval.
17.08.080 Multi-family Residential Supplemental Regulations.
A. Site Planning.
1. Neighborhood Compatibility. Design all multi-family developments to be compatible with one- or two-story single-family detached homes and meet the following design standards:
a. Multi-family residential projects located across the street from single-family neighborhoods shall orient the following features toward the street: individual entries, patios, and landscaping.
b. Design the multi-family structures to transition in scale through height changes or stepbacks on the second or higher floors. The portion of the multifamily structures within 50 feet of the common boundary of single-family homes shall not exceed 25 feet in height.
c. Parking lot areas and carports shall not be located along the street frontages of single-family neighborhoods.
B. Access, Pedestrian Orientation, and Connections.
1. The following standards apply to the design of pedestrian circulation and access within multi-family projects and the surrounding neighborhoods:
a. Pedestrian walkways shall connect all buildings on a site to one another, to onsite automobile and bicycle parking areas, and to any on-site open space or pedestrian amenities.
b. An on-site walkway shall connect the primary building entry or entries to a public sidewalk along each street right-of-way.
c. Walkways shall be at least 4 feet wide and paved with concrete.
2. Access and Circulation, Including Fire Access.
a. Drive aisles or private streets minimum width is 25 feet. b. Fire accessways minimum width is 28 feet. The accessway shall be free of any overhead obstruction and posted as a fire accessway, with no parking permitted within 28 feet.
c. All drive aisles, private streets, or fire accessways shall have all-weather surfaces, such as asphalt or concrete.
d. A fully dedicated and improved street or alley is acceptable as a fire accessway.
C. Off-street parking shall comply with the parking requirements outlined in Chapter
17.22.090 CMC and the Multi-family Objective Design Standards, as amended from time to time.
D. Common and Private Open Space.
1. Common open space is required for all multi-family projects and must comply with the following standards:
a. Incorporate common open space into the site plan as a primary design feature and not just as remnant pieces of land used as open space. Centrally locate the common open space and position it within the views of the nearest units, so residents can watch over the area.
b. Provide common open space at a rate of 120 square feet of open space per dwelling unit.
c. Common open space is open space used commonly by residents of a building.
Common open space may be designed as a single centralized area or as several open space areas. Each common open space area shall have a minimum dimension of 15 feet in any direction and a minimum area of 300 square feet. d. Common open space may have features as follows:
i. Patios with picnic tables.
ii. BBQ areas with shade structure(s).
iii. Community gardens.
iv. Swimming pools or spas. Standards per subsection (P)(1) of this section. v. Natural open space area with benches for viewing, trails. vi. Play structures.
vii. Sports courts (e.g., tennis, basketball, volleyball). Standards per subsection (P)(3) of this section.
viii. Recreation building/pool house. Standards per subsection (P)(2) of this section.
ix. Other active or passive recreation areas accessible to building residents and their visitors.
x. Common open space features not listed above may be considered subject to planning commission review and approval.
e. Multi-family developments with up to 10 units must include at least one common open space feature.
f. Multi-family developments with 10 to 50 units must include at least 3 common open-space features.
g. Multi-family developments with 50 to 100 units must include at least 4 common open-space features.
h. For every 50 units beyond the first 100, another set of four common open-space features shall be provided.
i. Common open space shall not include driveways, pedestrian access to units from common pedestrian walkways, parking areas, private open space, or required front, side, or rear setback areas.
j. A minimum of 60 percent of the common open space must be landscaped areas or gardens.
k. Common open space does not include the front, side, street side, and rear yard areas.
2. Private open space is required for all multi-family projects and must comply with the following standards:
a. Provide private open space at a rate of 100 square feet per unit. b. Private open space may be a combination of ground-level patios and balconies. c. Ground-level patios or balconies must have one minimum dimension of not less than seven feet.
d. Delineate private outdoor space by a wall, fence, or hedge. e. Private open space is a usable area adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of the dwelling unit's residents and their guests. Examples include patios, screened decks, or balconies. f. Use accent elements to demarcate pedestrian entrances to a multifamily development and common open space areas on the interior of a project site.
Accent elements shall include the following: wood trellises, arches, arbors, columns, or low monument features.
E. Landscaping.
1. All setback and yard areas required by this code, areas between the curb and the setback, and street or site street frontages, except for the required sidewalk, shall be landscaped and maintained in compliance with this Title.
2. All new multiple-family development and redevelopment of existing multiplefamily complexes shall follow the landscape requirements listed below:
a. Landscaping around the building perimeter is required at a rate of one tree per 20 lineal feet
b. Within the setback and yard areas, areas between the curb and setback, and street or site street frontages, plant trees at a rate of one tree for every 20 lineal feet.
c. Locate trees between 4 and 10 feet from the back of the sidewalk. Trees planted within 10 feet of a street sidewalk, walkway, or building shall be deep-rooted tree species or have a root barrier.
d. The landscaped area shall include shrubs and ground covers and may include other natural growth, stormwater quality features, and drainage treatments. e. Planting size and spacing. Minimum 50% of the required trees shall be 24-inch box size, maximum 25% of the required trees shall be at 15-gallon size, and minimum 25 % of the required trees shall be 36-inch box specimen size or larger. All shrubs shall be a minimum 5-gallon size and shall be planted at 4 feet
on center. All ground cover shall be at 12 inches on center for flats or 18inches on center for 1-gallon size.
f. Planting layout and diversity. Plant selection shall vary by type and planting pattern. Use a mix of evergreen trees and deciduous flowering trees. Groupings of shrubs shall include multiple plant types with varying heights and blooming seasons to provide year-round interest.
g. Surface parking lot shall have 1 tree per 7 spaces.
3. Shrubs shall not exceed 42 inches (three and one-half feet in height) within the required front yard setback.
4. Shrubs planting for screening purposes shall be 15-gallon size and at 4 feet on center.
5. All common open spaces shall be landscaped.
6. All planting areas, plant materials, and irrigation shall conform to the city’s waterefficient landscaping regulations.
7. Landscaping and open space shall follow the building type standards in the Covina Multi-family Objective Design Standards.
F. Fences, Walls, and Hedges.
1. Fences, walls, hedges, and similar structures are limited to a maximum height as follows:
Table 17.08.080-1 Fence, Walls and Hedges Maximum Height Fences, walls and hedges Height
(feet) Additional regulations
a. Within required front setbacks 3 An additional foot of fencing is allowed; provided, that all fencing above 3 feet in
height is at least 50% open.
b. Within required street side setbacks
i. Within 10 feet of the property
line
3 An additional foot of fencing is allowed;
provided, that all fencing above 3 feet in
height is at least 50% open.
ii. Within 5 feet of a separated
sidewalk
3 An additional foot of fencing is allowed;
provided, that all fencing above 3 feet in
height is at least 50% open.
iii. Other areas of the required
street side setback
6
c. Within required interior side
setbacks
6 d. Within required rear setbacks 6
2. Design of Fences and Walls.
a. All wall and fence designs shall incorporate materials and details used on the primary buildings (e.g., pilasters, stonework, wrought iron, or colors). b. Construct walls using decorative masonry materials, such as, but not limited to, enhanced-precision block, split-face block, or materials of similar appearance, maintenance, and structural durability.
c. Fences may be made of wood or vinyl, subject to the director's approval. Chainlink fence material is prohibited. d. Fences and walls along the side or rear property lines, but not along street frontages, shall be constructed of solid decorative materials. Open fences made of wrought iron or tubular steel may be permitted to capture scenic views along a property line that adjoins a permanent open space area, where the yard does not require screening.
e. Fencing between private yards and common open spaces shall have a minimum height of four feet and a maximum height of six feet.
f. When screening is necessary as part of the site design, block walls may be constructed within the front yard setback and along the street frontage, but they must be decorative masonry, have a decorative cap, and include a landscape setback.
g. At street intersections, structures located on a property at any corner where intersecting streets meet may not exceed a height of three feet within the vision triangle formed by drawing imaginary lines between points 30 feet from where the curb lines of the intersection quadrant meet.
Figure 17.08.080-1 Visibility at Intersections
G. Screening Parking Areas.
1. Parking areas, both covered and uncovered, must be screened from public rightsof-way with landscaping. Landscape screening includes, but is not limited to, ground cover, shrubs, trees, a planted earth berm (no greater than two feet in height), hedges, walls, or some combination of these.
2. Provide a landscaped perimeter strip at least five feet wide for any parking area adjacent to the side or rear property line. The landscaped perimeter strip may be within the required setback area.
H. Screening of Accessory Features and Refuse Storage Areas.
1. Screening of Accessory Features. Screen exterior trash, refuse storage, utility boxes, and electric and gas meters from the public rights-of-way with landscaping, fences, or walls, or a combination of these.
2. Refuse Storage Areas.
a. Developments with attached garages may have individual refuse containers.
Anticipate storage space for three refuse containers per dwelling unit. Refuse containers must be provided with a location to be stored for trash pickup day, which is out of view from pedestrian walkways and internal and external roadways.
b. Developments without attached garages shall have shared refuse dumpsters within enclosures or buildings. The applicant shall provide the city with information from the refuse pickup provider confirming the size and number of dumpsters required for the projects.
c. Design refuse enclosures in accordance with city standards and specifications.
Roof covering and drainage are required. The enclosure walls shall be finished with decorative materials such as concrete or solid masonry, and shall include a solid gate of durable wood, metal, or approved material, subject to the director's approval.
d. Locate refuse enclosures so they are easily accessible for trash pickup. e. No refuse dumpsters shall be under an eave overhang.
I. Storage Areas. Provide a minimum 175 cubic feet of storage area within garages. The minimum dimension of this storage shall be four feet.
J. Sustainability.
1. New development must achieve the mandatory elements of CALGreen as required by state law, but should seek opportunities to exceed, pursue, and achieve CALGreen Tier 1 or 2.
2. Parking spaces specifically designated and conveniently located for fuel-efficient vehicles shall be provided in conjunction with development projects, in compliance with the regulations in CALGreen Title 24, Part 11.
K. Lighting.
1. Provide illumination for all entryways, pathways, open spaces, and parking lots in accordance with city standards.
2. Use high-efficiency, warm white light.
3. Arrange lighting to reflect or direct light away from adjacent residential properties.
4. Provide lighting at refuse enclosures for nighttime security and use.
5. Average one foot-candle minimum and maximum. Provide a photometric diagram.
6. The maximum height of the freestanding light pole and fixtures is 20 feet, measured from the finished base to the top of the pole or light fixture.
L. Signs.
1. Address signs must indicate the street address number, not exceeding one square foot in size and four feet in height above ground. Limit to one such sign per lot per street frontage.
2. Display of Building Addresses for Multiple-family Development, on-site directional signs, on-site construction, real estate, and subdivision signs shall comply with the provisions of CMC Chapter 17.26 Sign Regulations.
M. Utility Services and Street Improvements.
1. All utility services shall be underground.
2. All utility laterals for condominiums, townhouses, and community apartments shall access each unit from the common yard area.
3. All utility and street improvements for the development shall comply with the provisions of CMC Section 17.22.120.
P. Accessory Uses and Structures.
1. Swimming Pools and Spas.
a. No swimming pools and spas allowed within the required front yard setback.
b. A minimum 10-foot setback from the street-side property line. Where a masonry subdivision perimeter wall encloses the parcel, the street-side setback is five feet.
c. A minimum five-foot setback from the interior side or rear property line. d. Swimming pools or spas must have a separation of a minimum of five feet from the exterior wall of any dwelling unit.
e. Filter, Heating, and Maintenance Systems. All filter, heating, and maintenance systems and equipment shall not be located within any required setback adjacent to a public street, within five feet of an interior side or rear property line, or within 10 feet of the living area of any dwelling unit on an adjacent parcel unless located entirely within a soundproof enclosure.
2. Recreation Building/Pool House.
a. A pool house or cabana may be approved in conjunction with a proposed pool, provided that the building's use is simultaneous with the pool's completion. b. A pool house or cabana shall be limited to one story and not exceed 800 square feet.
c. There shall be no kitchen or cooking facilities within a pool house/cabana, but may include a bar sink and under-counter refrigerator.
3. Recreation Courts, such as Tennis and Basketball.
a. The minimum parcel size to have a recreation court is 10,000 square feet. b. No recreation court shall be allowed within any yard or setback area. c. No more than 30 percent of the usable landscaped open space requirement and outdoor living shall be devoted to recreation court.
d. Install a six-foot-high solid masonry wall along the property line between any recreation court and the adjacent property. Provide landscaping within the setback area to screen the recreation court fence.
e. The height of any recreation court fence shall not exceed 10 feet above the court surface.
4. Laundry Facilities.
a. All multifamily units shall have their own private laundry space in each unit. A shared facility within the building or property may be permitted, subject to the director's approval.
b. All outdoor clothes-drying areas shall be screened on all sides by a landscaped screen, fence, or wall at least six feet high.
17.08.090 Building types with specific building design and architectural standards.
A. Building Types for Medium Residential Density. The building types in the medium-density range include duplexes, triplexes, fourplexes, bungalow courts, and mansion apartments.
The characteristics of these building types are defined in the Covina Multifamily Objective Design Standards document.
B. Building Types for High Residential Density. The building types in the high-density range include courtyard buildings, townhouses, stacked flats, and live-work units within a mixeduse development that includes residential units. The characteristics of these building types are defined in the Covina Multifamily Objective Design Standards document.
C. General Building Design and Site Design Standards. All multifamily housing units shall comply with the general building and site design standards set forth in the Covina Multifamily Objective Design Standards document.
17.08.100 Condominium conversions.
A. Applications. All applicable provisions of CMC Title 16, Subdivisions, shall apply.
B. Condominium conversions shall comply with Chapter 16.12 CMC, Common Interest Development Conversions.
17.08.110 Performance standards.
All uses and developments must comply with the performance standards set forth in Section
17.22.090 of this Title. Applicants must refer to that section for specific requirements regarding noise, lighting, emissions, and other operational impacts.
17.08.120 Applications, Submittal Requirements, Review Process, Approval and Appeal Procedures.
New development, redevelopment, or new construction, including remodeling, additions, or alterations to existing structures and accessory structures, must comply with the requirements of CMC Chapter 17.04.040 Site Plan Review and other entitlements as determined necessary by the Director. The applications, submittal requirements, review process, hearing and noticing requirements, and approval and appeal procedures shall comply with the requirements of CMC Chapter 17.02 General Provisions and Administration.
17.08.130 Findings and Conditions.
In addition to the findings described in CMC 17.04, the Director or the Planning Commission shall make the following findings. The Director or the Planning Commission shall impose conditions of approval as deemed necessary to address the following: protect the public health, safety, and general welfare; to secure a development which is in harmony with other developments in the area; to minimize all undesirable or unsightly appearance; and to provide an orderly and visually aesthetic development within the intent of this chapter.
A. All provisions of this title are complied with.
B. The design of the new development will preserve, protect, and enhance the character of residential neighborhoods, and provide a physical environment that contributes to and enhances the quality of life of city residents; and
C. The scale and design of new development and alterations to existing structures are compatible with surrounding homes and appropriate to the site’s physical characteristics and the area where the project is proposed.
D. The landscaping is incorporated in such a way as to complement the overall development, to enhance visual interest and appeal, and to soften bolder architectural features.
E. The development is in keeping with existing quality improvements in the area, in harmony with the area’s future development, will not be detrimental to surrounding properties nor diminish the value thereof, and will comply with the general plan.
F. The development complies with the provisions for utilities and street improvements under Chapter CMC 17.22.
1 FINAL DRAFT (JUNE 2026)
Chapter 17.10 Commercial Zones
17.10.010 Purpose and Intent
17.10.020 Classification of Zones
17.10.030 Permitted Uses and Conditionally Permitted Uses
17.10.040 Property Development Standards
17.10.050 General Site Development Standards
17.10.060 Building Height Exceptions, Permitted Projections Above Limit
17.10.070 Design Guidelines
17.10.080 Landscaping Requirements.
17.10.090 Parking, Access, and Loading Requirements.
17.10.100 Applications, Submittal Requirements, Review Process, Approval and Appeal Procedures.
17.10.010 Purpose and Intent.
The purpose and intent of the Commercial Zones, a crucial aspect of our City's development, is as follows:
A. Provide for the orderly, well-planned, and balanced development of commercial zones in the City.
B. Require new, remodeled, or expanded commercial structures to comply with Zoning, Design Guidelines, and other standards, and to include adequate amenities that enhance the quality of life for workers and patrons.
C. Encourage the capture of a broader range of retail businesses, such as stores, shops, and restaurants, to attract more customers, boost sales tax revenue, and improve the community’s image.
D. Encourage pedestrian-focused development in suitable parts of the City.
17.10.020 Classification of Zones.
A. Neighborhood Commercial Office Zone (NCO). The Neighborhood Commercial Office Zone is intended to accommodate a mix of office, professional, and neighborhood-serving commercial uses in a cohesive and integrated setting. This zone supports development that provides essential goods, services, and professional activities primarily for nearby residents and the surrounding community. Uses may include retail sales of convenience items, personal and professional services, and related office functions that are compatible in scale and character with adjacent residential areas.
2 B. Community Commercial (CC). The Community Commercial Zone permits medium-sized businesses to serve local communities. Its goal is to create areas with a diverse range of commercial establishments, providing convenient options for daily shopping and services.
C. Regional Commercial (RC): The Regional Commercial Zone is designed to support planned, unified shopping centers that serve larger communities and regional markets.
These areas create business opportunities and jobs for local residents.
17.10.030 Permitted Use and Conditionally Permitted Uses.
Table 17.10.030-1 lists the permitted land uses and specifies the required land use permit for each.
Uses not specifically listed in the table are prohibited. When a particular land use or activity is neither defined in the glossary nor included in the land use tables, the Director shall classify it under a category substantially similar to the business's operation and characteristics, in accordance with Chapter 17.04, Section 17.04.080, Use Determination. All land use activities must be conducted entirely within the building premises unless otherwise authorized under this section or under Chapter 17.04, Section 17.04.030, Conditional Use Permits. All uses are subject to the property development standards in Section 17.10.050 and to all applicable provisions of CMC Title 17.
17.10.030-1 Permitted Use and Conditionally Permitted Uses in Commercial Zones Land Use Classifications Zoning Districts
Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Use Permit
Neighborhood
Commercial
Office Zone
(NCO)
Community
Commercial
(CC)
Regional
Commercial
(RC)
Additional
Regulations
Administrative and Professional Services
General offices P P P
Finance and insurance offices P P P
Business support services P P P See glossary for
examples land
uses.
Computer system design and related
services
P P P
Advertising, public relations and related
services
P P P
Professional, scientific, and technical
Services
P P P See CMC
Chapter 17.28
Glossary for
examples of
this land use.
Government offices P P P
Real estate offices and related services P P P
3 17.10.030-1 Permitted Use and Conditionally Permitted Uses in Commercial Zones Land Use Classifications Zoning Districts
Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Use Permit
Neighborhood
Commercial
Office Zone
(NCO)
Community
Commercial
(CC)
Regional
Commercial
(RC)
Additional
Regulations
Travel agencies P P P
Security services, services to buildings
and dwellings
P P P See CMC
Chapter 17.28
Glossary for
examples of
this land use.
Alcohol Sales and Services
Alcohol sales for on-site consumption
with or without entertainment
N C C
Alcohol sales for off-site consumption -
beer, wine and liquor store
C C C
Micro-brewery, wine bar or winery with
food sales
C C C Food service
may be
provided by
mobile vendors
Assembly Uses
Places of assembly with alcohol service N C C
Places of assembly without alcohol
service
C C C See CMC
Chapter 17.28
Glossary for
examples of
this land use
Automobile Sales and Services
Automobile and vehicle dealers with
services and maintenance, including
boat, RV, ATV, and other motor vehicle
sales (new and used)
N P P
Automobile rental services, except
trucks and trailers
P P P
Automobile repair services (minor) N P P See CMC
Chapter 17.24
for Definitions
& Specific Use
Regulations
Automobile repair services (major) N C C See CMC
Chapter 17.24
Definitions &
Specific Use
Regulations
4 17.10.030-1 Permitted Use and Conditionally Permitted Uses in Commercial Zones Land Use Classifications Zoning Districts
Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Use Permit
Neighborhood
Commercial
Office Zone
(NCO)
Community
Commercial
(CC)
Regional
Commercial
(RC)
Additional
Regulations
Automobile parts, tires and accessories
sales
N P P
Car washes, full service and mechanical C C C See CMC
Chapter 17.24
for Specific Use
Regulations
Gas/service stations C C C See CMC
Chapter 17.24
for Specific Use
Regulations
Towing services with indoor or outdoor
vehicle storage
N C C See CMC
Chapter 17.24
for Specific Use
Regulations
Communication and information
Computing infrastructure providers,
data processing, web hosting and
related services
P P P
Publishing industries P P P
Radio and television broadcasting
studios or stations
P P P
Sound recording industries P P P
Satellite telecommunications (nonprivate or private use)P P P Software publishers P P P
Wireless communication facilities
(stealth or non-stealth)
P P P See CMC
Chapter 17.24
for Specific
Use
Regulations
Day Care Facilities
Pre-school and childcare centers C C C
Senior day care centers P P P
Educational Services
Kindergarten, elementary, junior and
high schools, and colleges/universities
(public)
P N N
Kindergarten, elementary, junior and
high schools (private)
C N N
Vocational, trade, technical, and
instructional schools
P P P See CMC
Chapter 17.26
5 17.10.030-1 Permitted Use and Conditionally Permitted Uses in Commercial Zones Land Use Classifications Zoning Districts
Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Use Permit
Neighborhood
Commercial
Office Zone
(NCO)
Community
Commercial
(CC)
Regional
Commercial
(RC)
Additional
Regulations
Glossary for
examples of
this land uses.
Colleges, universities and professional
Schools, including satellite classroom
facilities (private)
P N N
Educational support services such as
exam preparation and tutoring
P N N
Food and Beverage Retailers
Bakeries and other quick service
restaurants
P P P Additional
parking spaces
require with 4
seats or more
per CMC
Section
17.22.030
Catering establishments P P P
Convenience markets P P P Alcohol sales
require CUP
Grocery stores and supermarkets N P P Alcohol sales
require CUP
Specialty food retailers such as meat,
seafood and fish, fruit and vegetables
N P P Alcohol sales
require CUP
Confectionery and nuts retailers P P P
Food and Beverage (Non-alcoholic) Services
Restaurants without alcohol P P P See CMC
Chapter 17.24
Glossary for
examples of
this Land Use.
Restaurants with drive-through C C C
Food courts P P P Alcohol sales
require CUP
Mobile food facilities, permanent and
fixed location on private properties
A A A Subject to CMC
Chapter 17.24
Specific Use
Regulations
Mobile food facilities, temporary
placement on private properties
A A A Subject to CMC
Chapter 17.24
Specific Use
Regulations
6 17.10.030-1 Permitted Use and Conditionally Permitted Uses in Commercial Zones Land Use Classifications Zoning Districts
Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Use Permit
Neighborhood
Commercial
Office Zone
(NCO)
Community
Commercial
(CC)
Regional
Commercial
(RC)
Additional
Regulations
Restaurants with alcoholic beverage
sales and/or entertainment
C C C Entertainment
use subject to
CMC Chapter
5.28 General Merchandise and Retail Trade
Antique sales P P P
Art dealers, galleries and supplies P P P
Beauty Supplies P P P
Books and Magazines P P P
Building Materials and garden
equipment and supplies such as home
centers, hardware retailers, nurseries
and garden centers
N P P Outdoor
storage subject
to CMC Section
17.22.080
Camera and photographic studios P P P
Cannabis retailers (delivery only and/or
storefront sales)
N C C Subject to CMC
Chapter 17.24
Specific Use
Regulations
Clothing, clothing accessories, shoe and
jewelry retailers
P P P
Consignment stores, second hand and
thrift store
P P P Subject to CMC
Chapter 17.28
Glossary
Department stores N P P
Electronics and appliance retailers N P P
Florists P P P
Furniture and home furnishings retailers N P P
General merchandise retailers P P P
Health and personal care retailers P P P Subject to CMC Chapter 17.28
Glossary
Luggage and leather goods retailers P P P
Office supplies, stationery retailers, and
gift, novelty and souvenir retailers
P P P
Pet and pet supplies retailers P P P
Shared-space commercial
establishments
C C C Subject to
CMC Chapter
17.28 Glossary
Smoke shops and tobacco stores, cigar
and hookah lounges
N C C See CMC
Chapter 17.24
Specific Use
Regulations
7 17.10.030-1 Permitted Use and Conditionally Permitted Uses in Commercial Zones Land Use Classifications Zoning Districts
Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Use Permit
Neighborhood
Commercial
Office Zone
(NCO)
Community
Commercial
(CC)
Regional
Commercial
(RC)
Additional
Regulations
Sporting goods including guns and
ammunition, hobby and musical
instrument retailers
N P P
Secondhand stores, except indoor swap
meets
N P P
Warehouse clubs, supercenters, and
discount outlets
N P P
Lodging
Hotels and motels N C C See CMC
Chapter 17.24
Specific Use
Regulations
Single-room occupant facilities (SRO) N P P
Medical, Health Care and Social Assistance
Ambulatory healthcare service P P P
Residential care facilities C N N See CMC
Chapter 17.28
Glossary
Family, youth, and childcare services P P P
Hospitals P N N
Medical and dental offices P P P See CMC
Chapter 17.28
Glossary
Outpatient care centers and clinics P C C
Medical and diagnostic laboratories P P P
Pharmacies P P P Drive-through
requires a CUP
Subject to CMC
Chapter
17.24.070
Biotech research and development
Facilities and Pharmaceuticals
P N N
Other Uses
Conversion of residential building to
nonresidential use
C C C Subject to CMC
Chapter 17.22
General
Development
Standards
Personal Services
Animal hospitals, veterinaries, and pet
grooming
P P P
8 17.10.030-1 Permitted Use and Conditionally Permitted Uses in Commercial Zones Land Use Classifications Zoning Districts
Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Use Permit
Neighborhood
Commercial
Office Zone
(NCO)
Community
Commercial
(CC)
Regional
Commercial
(RC)
Additional
Regulations
Body art facilities N A A Subject to CMC
Chapter 17.24
Specific Use
Regulations
Check cashing services C C C
Funeral services including funeral
parlors, mortuaries, cemeteries, and
crematories
N C C
Personal care services such as hair, nail
and skin care, barber and beauty, diet,
day spa, and weight-reducing centers
P P P
Laundries, laundromats, and dry
cleaning services
P P P
Massage Services N C C Subject to CMC
Chapter
17.24.120
Specific Use
Regulations
Public and Quasi Public Uses
Public facilities P P P See CMC
Chapter 17.24
Specific Use
Regulations
Service organizations P P P
Recreation and Entertainment
Health Clubs, fitness centers,
gymnasiums, dance studios,
gymnastics, and sport training
C C C
Indoor recreation facilities such as
billiards, pool halls, bowling alleys,
escape and virtual rooms, ice and roller
skating rinks, computer/video arcades
N C C
Outdoor recreation facilities such as
amusement parks, athletic fields,
miniature golf course, batting cages,
and driving ranges,
N C C
Theatres, Cinemas N C C
Recycling Facilities
Reverse Vending Machines A A A
Repair Services
Household Appliances and Furniture
Repair
N P P
9 17.10.030-1 Permitted Use and Conditionally Permitted Uses in Commercial Zones Land Use Classifications Zoning Districts
Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Use Permit
Neighborhood
Commercial
Office Zone
(NCO)
Community
Commercial
(CC)
Regional
Commercial
(RC)
Additional
Regulations
Jewelry Sales and Repair P P P
Temporary and Accessory Uses
Open-air “pop-up” marketplace events A A A Subject to CMC Chapter 17.24
Specific Use
Regulations
Outdoor displays in conjunction with
retail stores
A A A
Parking lot sales A A A Subject to
CMC Chapter
17.24 Specific
Use
Regulations
Temporary Fund Raising Activities A A A Subject to
CMC Chapter
17.24 Specific
Use
Regulations
Temporary special events A A A Subject to
CMC Chapter
17.24 Specific
Use
Regulations
EV chargers P P P
Transportation and Facilities
Transit and ground passenger
transportation includes school, charter
bus, employee bus transportation
N N C
Limousine, taxi, and ride-sharing
services
P P P
Parking lot facilities (private) P P P
Express delivery services including
postal services, courier, and messenger
services
P P P
Utilities
Public utility substations, service
structures, and company offices
P P P
17.10.040 Property Development Standards.
10 All lots and parcels must comply with the development standards of Table 17.10.040, including footnotes and all provisions of CMC Title 17.
Table 17.10.040-1 Commercial Property Development Standards Development
Standards
Neighborhood
Commercial Office
(NCO)
Community
Commercial
(CC)
Regional
Commercial
(RC)
Additional
Regulations
Parcel
Minimum lot area
(existing parcels) none
none none
Minimum lot area
for new parcels
(acres)
1 5 10
Minimum street
frontage (feet)
50 75 100
Minimum lot depth 100 150 150
Minimum
landscape area
coverage (%
percentage)
5 10 10
Building (feet)
Maximum height 35 35 (3) 50 (3)
Maximum height
abutting residential
zone or use
35 35 35
Minimum distance
between buildings
(feet)
10 10 10
Minimum Setbacks and yards from the ultimate property line (feet) Front (1) 10 15 15
Rear (2) 10 10 10
abutting a
residential zone
10 25 25
abutting an
alley
10 10 10
Street side (1) 10 15 15
Interior side (2) 10 10 10
abutting a
residential zone
10 25 25
abutting an
alley
10 10 10
Accessory structures (detached)
Interior side yard
and rear yard
5 5 5
11 Street side yard and
front yard
10 15 15
Footnotes for additional requirements:
(1) The required front and street side setbacks and yards shall be landscaped and maintained.
Encroachment (parking space or structures) into the setback and yards shall not be allowed. (2) Parking spaces may encroach into the required rear and interior setbacks and yards but must maintain a continuous 5-foot landscaped area, and a continuous 10-foot landscape area when the property abuts a residential zone.
(3) An increase of building height may be allowed through Site Plan Review to be approved by the Planning Commission.
17.10.050 General Development Standards.
New construction, additions, and alterations to existing sites, structures, and accessory structures must comply with all provisions of CMC Chapter 17.22 General Development Standards. These site development standards include, but are not limited to, accessory structures, fences, walls, corner cutbacks, ground-mounted and roof-mounted equipment, projection screening, outdoor storage screening, signs, performance standards, water-efficient landscape requirements, transportation demand management, property maintenance, historic preservation, tree preservation, dedication, public improvements, and underground services.
17.10.060 Building Height Exceptions, Permitted Projections Above Limits Architectural features and building elements may project above the maximum building height limit as specified in the table below. Such projections shall be permitted only to the extent and under the conditions expressly identified therein. The table below identifies the various architectural features that may project above the building height and establishes the regulations for those projections in commercial zones.
Table 17.10.060-1 Permitted Projections above Building Height Limits Structures Allowed
Above Height Limit Maximum Coverage
Maximum Projection
Above Height Limit
(feet)
Penthouses or roof
structures for the housing
of elevators, stairways,
water tanks, ventilating
fans or similar equipment
required to operate and
maintain the building
10% of roof area 16
Skylights, 20% of roof area 1
Fire or parapet walls, NA 5
12 Table 17.10.060-1 Permitted Projections above Building Height Limits Structures Allowed
Above Height Limit Maximum Coverage
Maximum Projection
Above Height Limit
(feet)
Mechanical equipment,
must be totally screened
by the parapet wall
NA 5, must be setback from
the exterior wall one
foot for every foot if
projections above the
height limit.
Building-mounted
telecommunications
facilities such as antennas,
microwave equipment and
radio towers
See CMC Chapter 17.24.240
Footnotes for additional requirements:
(1) No penthouse, roof structures, or other space above the height limit shall be allowed to provide additional floor space.
17.10.070 Design Guidelines.
New construction, additions, and alterations to existing sites, structures, and accessory structures must comply with the adopted Design Guidelines and the policies of the General Plan Land Use Plan.
17.10.080 Landscaping Requirements.
New development, construction, additions, and renovations of existing sites shall comply with the landscaping requirements of CMC Section 17.22.060.
17.10.090 Parking, Access, and Loading Requirements.
A. Off-street parking and loading must comply with the parking and loading requirements of CMC Chapter 17.22.090.
B. The drive aisle's minimum width is 25 feet.
C. The driveway entry's minimum width is 30 feet, with a maximum of 35 feet.
D. The fire accessway's minimum width is 28 feet. The accessway shall be free of any overhead obstructions and posted as a fire accessway, with no parking permitted within 28 feet.
13 E. All drive aisles or fire accessways shall have all-weather surfaces such as asphalt or concrete.
17.10.100 Applications, Submittal Requirements, Review Process, Approval and Appeal Procedures.
New development, redevelopment, or new construction, including remodeling, additions, or alterations to existing structures and accessory structures, must comply with the requirements of CMC Chapter 17.04.040 Site Plan Review and other entitlements as determined necessary by the Director. The applications, submittal requirements, review process, hearing and noticing requirements, and approval and appeal procedures shall comply with the requirements of CMC Chapter 17.02 General Provisions and Administration.
1 FINAL DRAFT (JUNE 2026)
Chapter 17.12 Industrial (I) Zone
17.12.010 Purpose
17.12.020 Permitted Uses and Conditionally Permitted Uses
17.12.030 Property Development Standards
17.12.040 General Development Standards
17.12.050 Permitted Projections above Building Height Limit
17.12.060 Design Guidelines
17.12.070 Landscape Requirements
17.12.080 Parking, Access, and Loading Requirements
17.12.090 Applications, Submittal Requirements, Review Process, Approval and Appeal Procedures
17.12.010 Purpose.
The purpose of the Industrial Zone:
A. Accommodate new and expanded industrial development for community economic betterment and image enhancement.
B. Maintain and attract a variety of commercial, office, and industrial uses, thereby bolstering economic development.
C. Preserve and enhance the existing street system and other infrastructures, including utilities and storm drainage systems, to accommodate economic growth and maintain the City's visual and economic vitality.
D. Promote development that enhances connectivity and accessibility, ensuring all areas of the City are considered and included.
17.12.020 Permitted Uses and Conditionally Permitted Uses.
Table 17.12.020-1 lists the permitted land uses and the land use permit required to establish each use. Uses not explicitly listed in the table are prohibited. If a specific land use or activity is not defined, the Director shall assign it to a classification substantially similar in character, in accordance with CMC Chapter 17.04, Section 17.04.080, Use Determination. All activities of each land use must be conducted entirely within the building premises unless otherwise permitted under this section or CMC Chapter 17.04.030 (Conditional Use Permits). All uses shall be subject to the property development standards in CMC Sections 17.12.040 and to all provisions of CMC Title
17.
2 Table 17.12.020-1 Industrial Land Use Table
Definitions:
P - Permitted uses
C - Conditional Use Permit required
A - Administrative Conditional Use Permit required
N - Use Prohibited or not allowed
Land Use Classification Industrial
Zoning
District (I)
Additional Requirements
Administrative support services
Administrative offices directly related to the
permitted industrial uses and shall not exceed
20% of the gross floor area of the building
P
Adult-oriented business, not permitted to
establish within 500 feet of any other adultoriented business, or any existing residential zone or use, park, church or school.
C Subject to provisions of CMC
Chapter 17.24 Specific Use
Regulations
Automotive uses
Automobile repair services (minor) P Subject to CMC Chapter
17.24 Specific Use
Regulations
Automobile repair services (major) C Subject to CMC Chapter
17.24 Specific Use
Regulations
Automobile parking facilities P
Automobile, truck and trailer rental facilities P Subject to screening requirements
Automobile car wash, full service or
mechanical
C Subject to CMC Chapter
17.24 Specific Use
Regulations
Automobile service station C Subject CMC Chapter 17.24
Specific Use Regulations
Automobile and vehicle towing services not in
conjunction with gas station and with outdoor
vehicle storage
C Subject to screening
requirements
Automobiles impound yard C Subject to screening
requirements
Business and professional support services
Computer system design and related services P
Design services with showrooms P
General contractor offices with indoor storage
of materials, vehicles, and equipment
P (engineers, geologists, etc.)
Construction contractor offices with outdoor
storage of materials, vehicles, and equipment
C Subject to CMC Chapter
17.22.080 for outdoor storage
3 Table 17.12.020-1 Industrial Land Use Table
Definitions:
P - Permitted uses
C - Conditional Use Permit required
A - Administrative Conditional Use Permit required
N - Use Prohibited or not allowed
Land Use Classification Industrial
Zoning
District (I)
Additional Requirements
Commercial and industrial equipment rental
and leasing (need definition)
A
General rental centers (need definition) P
Investigation and security services P
Electronic and precision equipment repair and
maintenance
P
Personal and household goods repair and
maintenance
P
Publishing industries P
Scientific research and development services P
Services to building and dwellings (janitorial,
pest control, landscape, carpet cleaning, etc.)
P
Commercial uses
Building materials and garden equipment and
suppliers dealers (need definition)
P
Beer, wine and liquor retailers C
Cannabis microbusinesses C Subject to CMC Chapter
17.24.060 Specific Use
Regulations
Convenience market P
Convenience market with off-site beer, wine or
liquor sales
C
Retails sales of only those products
manufactured under the permitted industrial
uses
P
Education services
Technical and trade school A
Driving school P
Food and beverage services
Restaurants with on-site beer and wine
services
C Subject to CMC Chapter
17.24.020 Specific Use
Regulations
Restaurants with on-site liquor C
Bar, drinking establishments C
Caterers P
4 Table 17.12.020-1 Industrial Land Use Table
Definitions:
P - Permitted uses
C - Conditional Use Permit required
A - Administrative Conditional Use Permit required
N - Use Prohibited or not allowed
Land Use Classification Industrial
Zoning
District (I)
Additional Requirements
Cafeterias, café, P
Mobile food facilities A Subject to CMC Chapter
17.24.140 Specific Use
Regulations
Industrial Uses
Bread, bakery and tortilla production P
Brewery, winery and distillery production
(sake) – with wholesale sales only
P
Soft drink manufacturing and bottling P
Food products (need definition) P
Candy and confectionary products P
Fruit and vegetables packing P
Indoor vertical farming (need definition) P
On-site beer or wine tasting in conjunction
with a brewery, winery or distillery
C Subject to CMC Chapter
17.24.020 Specific Use
Regulations
Coffee and tea manufacturing with incidental
on-site tasting and sales limited to a maximum
of 20% gross floor area
P
Fabricated metal product manufacturing (need
definition)
P
Computer and electronic product
manufacturing
P
Household and kitchen cabinet manufacturing P
Office furniture manufacturing P
Miscellaneous manufacturing, small size
products such as jewelry, signs, toys, small
medical and dental equipment
P
Personal Services
Adult-oriented businesses, not permitted to
establish business within 500 feet of any other
adult oriented business, or any existing
residential zones or uses, parks, schools, and
religious assemblies
P Subject to CMC Chapter
17.24.010 Specific Use
Regulations
Animal hospital, shelter, kennel and boarding C
5 Table 17.12.020-1 Industrial Land Use Table
Definitions:
P - Permitted uses
C - Conditional Use Permit required
A - Administrative Conditional Use Permit required
N - Use Prohibited or not allowed
Land Use Classification Industrial
Zoning
District (I)
Additional Requirements
Body Art Facilities A
Dog and pet social bark (need definition) P A CUP is required to serve alcohol
Pet cemetery services (need definition) P
Indoor vertical farming for food
consumption/products (no cannabis)
C
Recreational and Entertainment Uses
Indoor recreation facilities such as: billiards,
pool halls, bowling alleys, escape and virtual
rooms, ice and roller skating rinks,
computer/video arcades, mechanical and
electronic games (4 or more)
C Subject to CMC Chapter
17.24 Specific Use
Regulations
Health Clubs, fitness centers, gymnasiums,
dance studios, sports training, and gymnastics
C
Indoor virtual recreation spaces (digital leisure
activities)
C
Transportation uses
Bus storage and terminal C
Trucking yard terminal C
Taxi, ridesharing, and limousine services P
Courier and messenger services P
Radio and TV broadcasting stations P
Media streaming distribution services P
Warehouse, distribution and storage uses
Traditional warehouse and distribution P See CMC Chapter 17.28 Glossary
Distribution centers such as E-fulfillment
center, parcel hubs and sortation centers,
parcel delivery centers and urban logistic
depots, fast delivery hubs and last mile
delivery centers.
C See CMC Chapter 17.28
Glossary
Public storage with or without storage of RV
vehicles
P Subject to CMC Chapter
17.24.170 Specific Use
Regulations
6 Table 17.12.020-1 Industrial Land Use Table
Definitions:
P - Permitted uses
C - Conditional Use Permit required
A - Administrative Conditional Use Permit required
N - Use Prohibited or not allowed
Land Use Classification Industrial
Zoning
District (I)
Additional Requirements
Recycling collection facilities C Subject to CMC Chapter
17.24.190 Specific Use
Regulations
Recycling processing facilities C Subject to CMC Chapter
17.24 Specific Use
Regulations
Storage yard, outdoor C Subject to CMC Chapter
17.24.170 Specific Use
Regulations
Wholesale Trade
Lumber yard P Subject to screening
General wholesalers P
Utility uses
Battery energy storage system facilities C
Electric distribution and public utility stations P
Electric and public utility transmission station P
Public and private utility service yards P
Wireless communication facilities C Subject to provisions of CMC Chapter 17.24.240 Specific
Use Regulations
Micro-cell wireless facility A Subject to provisions of CMC
17.24.240 Specific Use
Regulations
Public uses
Public parks P
Government buildings and yards P
Other uses
Existing residential trailer parks and such
incidental uses directly related to the needs of
the trailer park residents
C Subject to provisions of CMC
Chapter 17.24 Specific Use
Regulations
Conversion of residential to non-residential
uses
C Subject to provisions of CMC
Chapter 17.24 Specific Use
Regulations
Accessory uses
7 Table 17.12.020-1 Industrial Land Use Table
Definitions:
P - Permitted uses
C - Conditional Use Permit required
A - Administrative Conditional Use Permit required
N - Use Prohibited or not allowed
Land Use Classification Industrial
Zoning
District (I)
Additional Requirements
Electrical and mechanical games, up to a
maximum of 3
P
Storage and dispensing of propane tanks in
conjunction with a primary use
P
EV chargers within parking lots P Subject to CMC Section
17.04.040 Site Plan Review
Caretaker’s quarter C 24-hour surveillance,
security, property
maintenance
Any other accessory uses as determined by the
Director
P
17.12.030 Property Development Standards.
Subdivisions, new land uses, new construction and structures, as well as additions and alterations to existing land uses and structures, must comply with the development standards of Table
17.12.030, including footnotes, and all provisions of this Title, Chapter 17.20, and Chapter 17.22.
Table 17.12.030-1 Property Development Standards in the Industrial Zone Development Standards (setback is measured from the ultimate property line)
Lot area (minimum) 0.5 ac
Lot dimensions (minimum)
Street frontage 50
Lot depth 150
Building height (maximum)
Primary building 50
Accessory structure-detached 25
Minimum building setbacks (feet)
Front yard (1) 25
Street side yard (1) 25
Interior rear yard 5
Interior side yard 5
8 Minimum building setbacks when adjacent to or across from residential zones, public park and utility uses (feet)
Front yard (1) 25
Street side (1) 25
Interior side or rear yard adjacent to an alley (2) 20
Interior side and rear yard (2) 20
Side or rear yard adjacent to a railroad right-of-way
(ROW)(3)
50 (measured from
opposite side of railroad
right-of-way (ROW)
Side or rear yard adjacent to drainage channel right-of-way (3)
50 (measured from the
drainage easement line)
Minimum building setbacks for existing lots with substandard lot depth (less than 150 feet) Front, side or rear yard from a street that abuts a residential zone (2)
10 Side or rear yard that abuts a residential zone (1) 25 Front yard when adjacent to or across a public park (1) 25 Accessory structures (detached) minimum setbacks (feet) Interior side yard and rear yard 5
Street side yard and front yard 25
Landscape coverage (percentage to lot area) 5%
Footnotes for additional requirements:
(1) The required yards shall be landscaped and maintained. (2) The required yards may be used for parking and storage but must maintain a 8-foot unobstructed area between the storage area and any side or rear property line. (3) The required yards may be used for parking or storage area, but must provide a 5-foot landscaped area and maintained.
(4) Landscape coverage does not include the required front, street side, interior side or rear yard areas.
17.12.040 General Site Development Standards.
New construction, additions, and alterations to existing sites, structures, and accessory structures must comply with all provisions of Chapter 17.22 General Development Standards. These standards include, but are not limited to, accessory structures, fences, walls, corner cutbacks, ground-mounted and roof-mounted equipment and projection screening, outdoor storage screening, signs, performance standards, water-efficient landscape requirements, transportation demand management, property maintenance, historic preservation, tree preservation and dedication, public improvements, and underground services.
17.12.050 Permitted Projections Above Building Height Limit.
Table 17.12.050-1 below outlines the types of architectural features that may project above the building height limit and establishes the requirements for those projections.
9 Table 17.12.050-1 Permitted Projections above Building Height Limits Structures Allowed
Above Height Limit Maximum Coverage Maximum Projection Above Height Limit (feet) Penthouses or roof structures
for the housing of elevators,
stairways, water tanks,
ventilating fans or similar
equipment required to operate
and maintain the building
10% of roof area 16
Skylights, 20% of roof area 1
Chimneys not over 6 feet in
width
10% of roof area 3
Fire or parapet walls, NA 5
Mechanical equipment, must
be totally screened by the
parapet wall
NA 5, must be setback from the
exterior wall one foot for every
foot if projections above the
height limit.
Building-mounted
telecommunications facilities
such as antennas, ,microwave
equipment and radio towers
See CMC Chapter 17.24.250
Footnotes for additional requirements:
(1) No penthouse, roof structures, or other space above the height limit shall be allowed to provide additional floor space.
17.12.060 Design Guidelines.
New construction, additions, and alterations to existing sites, structures, and accessory structures must comply with the adopted Design Guidelines and the policies of the General Plan Land Use Plan.
17.12.070 Landscaping requirements.
New construction, additions, modifications, or alterations to existing site, structures, and accessory structures shall comply with the landscaping requirement of CMC Section 17.22.060.
17.12.080 Parking, access, and loading requirements.
A. Off-street parking must comply with the parking and loading requirements outlined in CMC Chapter 17.22.090.
B. On-site drive aisles minimum width is 25 feet.
C. Driveway entries minimum width is 30 feet and up to a maximum of 40 feet.
10 D. Fire accessways minimum width is 28 feet. The accessway shall be free of any overhead obstructions and posted as a fire accessway, with no parking permitted within 28 feet.
E. All drive aisles or fire accessways shall have all-weather surfaces such as asphalt or concrete.
F. The location and number of access points shall be specified at the time of Site Plan Review, and as determined by the City Engineer.
G. Off-street loading spaces shall comply with the requirements outlined in CMC Chapter
17.22, General Development Standards.
17.12.090 Applications, Submittal Requirements, Review Process, Approval and Appeal Procedures.
New development, redevelopment, or new construction, including remodeling, additions, or alterations to existing structures and accessory structures, must comply with the requirements of CMC Chapter 17.04.040 Site Plan Review and other entitlement as determined necessary by the Director. The applications, submittal requirements, review process, hearing and noticing requirements, and approval and appeal procedures shall comply with the requirements of CMC Chapter 17.02 General Provisions and Administration.
1 FINAL DRAFT (JUNE 2026)
Chapter 17.14 Specific Plans (SP), Planned Community Development Districts (PCD), and Open Space Zones
17.14.010 Specific Plans
17.14.020 Planned Community Development District.
17.14.030 Open Space
17.14.010 Specific Plans.
A. Authority for Specific Plans.
The California Planning and Zoning Law authorizes the City to prepare, adopt, and implement a Specific Plan for any area covered by the City's General Plan planning area.
B. Purpose.
Specific Plans are special planning areas with unique regulations governing use, development, and design. They are created for various reasons, including private development applications for master-planned developments, special site considerations, and special-use considerations such as targeted-use areas and redevelopment opportunities.
C. Adoption and Amendment Procedures.
1. General. Specific Plans are legislatively enacted planning documents that replace the property's zoning for the project area. Specific Plans shall be prepared, adopted, and amended in the same manner as the general plan, except that a Specific Plan may be amended as often as necessary (Govt. Code §§ 65450 through 65357).
2. Applications and Fees. Applications for specific plans and their fees shall be submitted to the Planning Division using the format or checklists provided or approved by the director. Review procedures shall follow CMC Chapter 17.04, Section 17.04.040, Site Plan Review.
3. Initiation of Specific Plans. The City Council, Planning Commission, Director, or one or more property owners may file an application to establish a Specific Plan.
4. Environmental Review. Preparing a Specific Plan is subject to the California Environmental Quality Act (CEQA), Public Resources Code §21100. For subsequent development projects after adopting a Specific Plan, refer to Govt. Code §65457.
5. Findings. Before the Planning Commission recommends approval or the City Council approves a Specific Plan, they shall make the following findings:
a. Consistent with the General Plan.
b. It complies with the provisions for dedications, public improvements, undergrounding utilities, and the infrastructures needed to support the land uses described in the Specific Plan.
2 c. Will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.
D. Applicability.
Once adopted by City Council resolution or ordinance, a Specific Plan will govern all use and development of properties within its boundaries. The following provisions apply to all adopted Specific Plans.
1. Where a Specific Plan is silent on development standards, the provisions of this Title shall govern. The Director shall have the authority to determine which provisions of this Title apply when a Specific Plan is silent.
2. When a use is not explicitly listed as permitted in the Specific Plan, the Director shall assign the land use or activity to a classification that is substantially similar in character. This process involves a thorough review of the proposed use or activity, considering its nature, potential impact, and compatibility with the surrounding area.
Land uses not listed in the Specific Plan as permitted or not found to be substantially similar to a permitted use are prohibited.
3. No discretionary entitlement applications or other permits may be approved, adopted, or amended within an area covered by a Specific Plan unless they are found to be consistent with the adopted Specific Plan.
E. Adopted Specific Plans
The Specific Plans listed below have been adopted by the City and are shown on the zoning map as Specific Plans (SP) for each adopted plan. This section provides a reference for each adopted Specific Plan and summarizes the land use and development regulations that apply to each. A complete copy of all adopted Specific Plans (and any amendments) is available at the community development department and the city clerk's office.
1. Covina Forward Specific Plan (CFSP). The City adopted the Covina Forward Specific Plan in 2016 to guide the redevelopment of the 10.66-acre site into a transit-oriented mixed-use development with new public spaces, residential and commercial uses, and related public improvements within the plan area. The specific plan area is located northeast of the intersection of Citrus Avenue and Covina Boulevard. The CFSP includes three planning areas: Planning Area 1 was developed with 117 residential units, Planning Area 2 was developed with the Foothill Transit Center, which features a transit bus station and a "Park and Ride" parking structure for 350 to 400 vehicles, and Planning Area 3 was amended in 2021 and includes 38 residential units.
2. Covina Town Center Specific Plan (CTCSP). As a result of a Metro TOD Grant, the City prepared and adopted the Covina Town Center Specific Plan in 2019 to improve connectivity between the Metrolink Station and downtown Covina, revitalize the city core, and streamline the development process. The CTCSP planning area covers approximately 236 acres. It is roughly bounded on the north by the Metrolink/Union Pacific railroad tracks and Kelby Park, on the south by Center Street, on the west by Fourth Avenue and Covina Park, and on the east by North First Avenue and Barranca Avenue. The CTCSP offers a long-term strategy for revitalizing downtown Covina, promoting transit-oriented development, and creating a more memorable, accessible,
3 economically vibrant, walkable, bikeable, and regionally attractive downtown. The City amended the CTCSP in 2020, 2022, and 2023.
3. Covina Bowl Specific Plan (CBSP). The City adopted the Covina Bowl Specific Plan in 2020. The plan covers approximately 7.5 acres in the western part of Covina, bounded by North Rimsdale Avenue to the east, West San Bernardino Road to the north, and W Badillo Street to the south. Its purpose is to provide a land use framework to guide the redevelopment of the site into a mixed-use project with 132 residential units, commercial and office spaces, and related public improvements within the plan area. The plan also ensures the preservation of existing historic structures.
4. Covina Village Specific Plan (CVSP). The City adopted the Covina Village Specific Plan in 2024. It covers an approximately 8.0-acre area at the northeast corner of Azusa Avenue and Cypress Street. The plan aims to encourage the organized redevelopment of the currently vacant and abandoned commercial site to meet community needs for residential and commercial growth. This Specific Plan establishes development and design standards and guidelines for building 97 residential units, including 17 livework units, a car wash, and two drive-through restaurants.
17.14.020 Planned Community Development District.
A. Purpose.
The purpose of the Planned Community Development (PCD) zoning district is to enable highquality development that differs from the standards and regulations applicable to other zoning districts in the City. The PCD zoning district aims to encourage creativity in building design, flexibility in allowed land uses, and innovation in development concepts.
B. Applicability.
1. The PCD districts shall apply to parcels of any size deemed suitable for the proposed development. Any such proposed development must conform to the General Plan and the requirements of this chapter as they relate to the land use designated in the General Plan. Development within each PCD zoning district is regulated by the Development Plans approved by the City Council.
3. The establishment of PCD districts shall follow the procedures and requirements of zone changes (rezoning) under CMC Chapter 17.04.
4. The adopted PCD districts shall be added to the zoning map as a “PCD” overlay zone to the designated underlying zoning symbol.
C. Initiation of Planned Community Districts (Zone Changes).
The City Council, the Planning Commission, the Director, or one or more property owners may file an application to establish a Planned Community Development District.
D. Applications and Fees.
4 Planned Community Development applications and fees must be submitted to the Planning Division using the format or checklists prescribed or issued by the Director. If the property is not under a single ownership, all owners are required to join the application.
E. Development Plans.
The applicant shall submit the Development Plans in accordance with CMC Chapter
17.04.040 Site Plan Review, and the additional requirements listed below. The Development Plans must be prepared by a qualified design professional team that includes an urban planner, a licensed architect, a registered civil engineer, a licensed landscape architect, and other professionals.
1. Project description. A written description of the proposed project shall include narrative statements of the project objectives and an explanation of how the proposed project complies with the general plan goals and policies for the applicable land uses.
2. The development plans shall include the following information and materials in the format or checklists as prescribed or issued by the director and shall also include the following additional information:
a. A site constraints analysis map that identifies easements, natural elements, trees, structures, and other potential constraints on the site's development. b. Detailed site plan, preliminary and precise grading plans, landscape and irrigation plans, building elevations, floor plans, and roof plans. c. Low-impact development (LID). Any new development and significant redevelopment projects must address the quality and quantity of stormwater runoff by incorporating permanent (post-construction) best management practices (BMPs) in project design and conforming to CMC Chapter 8.50 (Stormwater quality and urban runoff control).
d. Proposed land uses, residential densities, or commercial and office intensities. The listing of permitted and conditionally permitted uses. The listing of development and design standards planned for the PCD district, including but not limited to setbacks, lot sizes, building height, density, building coverage, parking and circulation, landscaping and open spaces, architecture, fences and walls, signs, and design guidelines.
e. Proposed circulation pattern for existing and future public and private streets, including proposed on-street and off-street pedestrian and bicycle circulation. f. Identify existing and proposed infrastructures for the development. g. A phasing plan.
3. Subdivision maps. If the proposed development involves dividing land, CMC Title 16 (Subdivision) requires a Tentative Tract Map and/or a Tentative Parcel Map.
4. Community benefits. A description of how the proposed development exceeds the standards of the existing zoning districts and how the PCD development plan will meet three of the eight community benefits outlined below.
5 a. Ten percent (10%) of the total units are affordable housing that meet income restrictions.
b. Provide public plazas and open spaces that surpass the minimum requirement by more than fifteen percent (15%).
c. Use green building practices and sustainable development features to achieve LEED or an equivalent certification.
d. Provide new and enlarged businesses that increase the supply or diversity of jobs available to residents.
e. Provide one piece of public art and display it in a prominent and publicly accessible location.
f. Preservation, restoration, or rehabilitation of a historic resource in the City. g. Enhanced pedestrian and bicycle paths that improve circulation within the property and link to nearby neighborhood areas.
h. Increase the landscaping density (trees) by over twenty percent (20%) above the minimum requirements to help lower the urban heat island effect.
5. An economic feasibility study conducted by an independent economic firm or City staff at no cost to the City. The Director shall approve the format and scope of the study.
6. An impact study of the school system conducted by an independent firm or City or school district staff at no cost to the City, showing the effects of the proposed (residential or mixed-use) development on public schools. The Director shall approve the study's format and scope.
7. A financial capabilities report must be submitted to proceed with the proposed development. The Director may request a third-party audit of the financial capabilities at no cost to the City.
8. A traffic impact study conducted by a registered civil engineer experienced in traffic studies at no cost to the City. This study shall include the impact of the proposed development on the surrounding area, the traffic potential generated by the development, the adequacy or inadequacy of existing streets and highways to safely accommodate the predicted traffic loads, necessary changes in the street system or design caused by the development, the projected cost of such improvements not to be borne by the developer, and any other information the Director may require to assist in making his decision. The Director shall approve the format and scope of the study.
9. Environmental Review. Establishing a PCD is subject to the California Environmental Quality Act (CEQA), Public Resources Code §21100.
10. The applicant shall submit evidence supporting the findings in subsection G of this section.
F. Review, Hearing, Approval, and Appeal Procedures.
6 The review, hearing, approval, and appeal procedures shall comply with the requirements set forth in CMC Chapter 17.02, General Provisions and Administration, and Chapter 17.04, Land Use Entitlements, Permits, and Planning Applications.
G. Findings and Conditions of Approval.
The Planning Commission recommends, and the City Council approves, the Planned Community Development District and the Development Plans. The City Council must make the following findings:
1. The proposed development is consistent with the General Plan.
2. The proposed development is superior to the development that is under the standards in the existing zoning districts.
3. The proposed project will provide community benefits as defined in subsection E 4 of this section to justify deviation from the zoning district standards that currently apply to the property.
4. Adequate transportation facilities, infrastructure, and public services exist to serve the proposed development.
5. The proposed development will not have a substantial adverse effect on the surrounding property and will be compatible with the surrounding area's existing and planned land use character.
H. Time Limit and Extension for Development.
1. Unless a different time limit is specified by a condition of approval or another provision of this Title, a Planned Community Development District and the approved Development Plans shall expire and become void if not acted upon within two years of approval, unless an extension of time is granted under this section.
2. If the Planned Community Development District and the Development Plans are approved simultaneously with a Tentative Map, the deadline for constructing the approved Development Plans shall end when the approved Tentative Map expires, including any extensions granted under CMC Section 16.08.160.
3. If the property owner in a Planned Community Development district fails to commence substantial construction in good faith, based on the approval, the Planning Commission may initiate proceedings to rezone, remove the district, or amend the development plans as needed.
I. Revisions and Amendments to Planned Community Development Districts and Development Plans.
1. Major Revisions (Substantial Changes). Any revision deemed a substantial change shall be treated as a new application and must comply with CMC Chapter 17.04.010.
The following are considered substantial changes:
a. A change in established PCD boundaries.
b. Elimination, addition, or change of the traffic and circulation system or any other change materially affecting the approved plan.
7 c. An increase or decrease in the number of dwelling units in the PCD District that exceeds the maximum or falls below the minimum specified in the PCD Development Plan.
d. An increase or decrease in the floor area of any non-residential land use that results in the floor area being less than the minimum or exceeding the maximum specified in the PCD Development Plan;
e. A request to modify the conditions of approval for the Development Plans, unless the Director determines that the proposed changes do not significantly alter or expand the approved Development Plans and align with the original approval's intent.
2. Minor revisions consistent with the approved final Development Plans may be approved by the Planning Commission. The following are considered minor revisions:
a. The addition or removal of permitted or conditionally permitted uses. b. Modification of the sign criteria.
c. Modify the established development and design standards in the approved Development Plans.
d. Modify the conditions of approval where the proposed changes do not involve substantial alterations or additions to the approved Development Plans and are consistent with the intent of the original approval.
17.14.030 Open Space Zones.
A. Purpose.
The purpose of Open Space is to conserve natural resources within the City, provide a variety of passive and active open areas and public parks, meet the recreation needs of the City's residents, and ensure there are sufficient locations for public parks.
B. Classification of Zones.
1. Open Space Zone. The Open Space zone applies to areas of the City with open space resources and conservation values, including scenic qualities, sensitive environmental features such as wildlife habitat, water recharge and detention facilities, and/or natural hazards. The Open Space zone is consistent with the General Plan's open-space landuse category.
2. Park Zone. The Park zone applies to the City’s publicly owned parks and is suitable for active and passive recreation, outdoor and indoor recreational facilities, community buildings, active playing fields, plazas, and bicycle, hiking, and walking trails, as well as landscape areas and corridors. It is consistent with the Park land-use categories in the general plan.
C. Permitted and Conditionally Permitted Uses.
8 Table 17.14.040-1 lists the permitted land uses and the necessary land use permits for each.
Uses not specifically listed are prohibited. If a particular land use or activity is not defined, the Director shall assign it to a classification that closely resembles the business’s operation and characteristics, in accordance with Chapter 17.02. All uses must comply with the property development standards in Section 17.14.040-1 and all other provisions of CMC Title 17.
Table 17.14.040-1 – Parks and Open Space Land Use Table Definitions:
P- Permitted by Right
C- Conditional Use Permit
N- Not Permitted
A- Administrative Conditional Use
Permit
Open
Space
Park Additional
Regulations
Public Parks, including children's play
equipment, benches, shade structures,
picnic tables, parking lots, restroom
buildings, other minor buildings, and
ancillary improvements related to the
permitted uses
N P
Outdoor recreation facilities such as N P
Indoor recreation facilities such as N P
Playing fields N P
Public parking lots, including structures
with solar panels
N P
Bicycle, hiking, and walking trails P P
Equestrian trails P P
Flood control facilities P P
Commercial antenna or wireless
telecommunication facilities
N P CMC Chapter 17.24
Specific Use
Regulations
Community, senior, and youth centers N P
Public libraries and museums N P
Mobile food trucks N A CMC Chapter 17.24
Specific Use
Regulations
Special events A CMC Chapter 17.24
Specific Use
Regulations
Water recharge facilities, settling basins,
and drainage channels
P P
Natural habitat protection P P
D. Property Development Standards.
9 The following table establishes the property development standards applicable to parcels within the Parks and Open Space Zone.
Table 17.14.040-2 Parks and Open Space Development Standards Development Standards Open Space Park
Minimum lot area None None
Building setbacks (feet)
Front 25 25
Rear 25 25
Interior side 10 10
Street side 25 25
Building height (feet) 35 35
Parking CMC Chapter 17.22 General Development
Standards
1 FINAL DRAFT (JUNE 2026)
CHAPTER 17.16 MIXED-USE OVERLAY DISTRICT (MUOD)
17.16.010 Intent, Purpose, and Applicability
17.16.020 Definitions
17.16.030 Permitted and Conditional Uses
17.16.040 Accessory Uses
17.16.050 Uses not Listed
17.16.060 Property Development Standards and Special Development Regulations
17.16.070 Statement of Intent for Objective Design and Architectural Standards
17.16.080 Objective Design and Architectural Standards
17.16.090 Submittal Requirements and Applications
17.16.100 Applications, Submittal Requirements, Review Process, Approval, and Appeal Procedures
17.16.010 Intent, Purpose, and Applicability
A. The intent of this Mixed-Use Overlay District (MUOD) is to guide and regulate future mixeduse development in accordance with the policies and objectives of the Mixed-Use land use designation as established in the Covina General Plan. The MUOD establishes specific development regulations and design criteria and standards to achieve high-quality mixed-use projects, which can be applied on a project-by-project basis to areas designated General Commercial or Industrial in the General Plan.
B. The purpose of this MUOD is to:
1. Encourage mixed-use projects that combine residential and non-residential uses in the same building or on the same project/building site to create an active street life, enhance business vitality, and reduce the need for automobile travel.
2. Create cohesive yet diverse neighborhoods with expanded economic and cultural opportunities, enhancing livability and a healthier local economy.
3. Provide walkable neighborhoods with pedestrian-oriented amenities and connections.
4. Enhance the City’s appearance by considering the creative design of buildings, structures, and facilities.
5. Provide a meaningful blend of residential and non-residential uses that ensure compatibility within the project area and with surrounding uses and development patterns.
6. Encourage and facilitate in-fill development. Encourage consolidation of small parcels into larger, more viable, block-sized areas for mixed-use projects.
2 7. Provide a diversity of housing options and affordability, and accommodate live/work units and spaces that enable residents to live, work, and recreate closer to home.
8. Create more opportunities for residential development in the City.
C. Applicability.
1. The MUOD is an overlay zone. Uses allowed in the underlying zoning classification will continue to be allowed. The MUOD establishes regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments that benefit the City and future applicants. Applicants may either comply with the development and design standards and requirements established for the underlying zoning classification under the existing Zoning Code, or comply with the mixed-use development and design standards and requirements described in this Chapter.
2. Property classified with a MUOD shall be identified on the City’s Official Zoning Map by both the underlying zone and the MUOD, with the MUOD classification listed in parentheses after the underlying zoning classification.
17.16.020 Definitions
The following definitions apply to mixed-use development within the MUOD.
1. Floor Area Ratio. The Floor Area Ratio (FAR) regulates the amount of use (the intensity) allowed on a building lot. FAR is the measurement of a building's floor area relative to the size of the lot/parcel on which the building is located. FAR is expressed as a decimal and is calculated by dividing the building area by the lot area (building area ÷ lot area).
Figure 17.16.020-1 FAR Calculation
2. Lot Coverage. The percentage of the lot area covered by structures or buildings, including all accessory buildings such as detached recreation buildings, laundry buildings, carports or garages, and other similar detached structures. Not included in the lot coverage are trellises, patios, patio covers within common open spaces, and trash enclosure areas.
3. Live‐Work Unit or Space: A rental or owned unit that includes both living spaces and work areas, with the live-work unit serving as the occupant's primary dwelling. Typical uses include artist lofts, studio spaces, small offices, or similar low-intensity uses.
3 4. Maker Space Activities and Uses. Uses include artist studios and galleries; incubator industrial uses; 3-D printing services; wholesale and retail coffee with on-site roasting and a café; and research and technology uses, such as artificial intelligence, software, and audio and visual technology.
5. Mixed-Use Development. Projects that combine residential uses with other uses, such as commercial, office, light industrial, and institutional uses, along with pedestrian amenities and connections, within a single cohesive project. Both horizontal and vertical mixed-use development will be permitted as follows:
a. Horizontal Mixed-Use. Horizontal mixed-use projects enable a variety of uses within a single development area, with uses positioned next to one another, either in separate buildings or on separate parcels within a single project application. Internal streets and drives connect these adjacent uses with pedestrian walkways and pathways. The buildings and individual components may share features and support services such as parking, loading, servicing, and utility areas.
b. Vertical Mixed-Use. Vertical mixed-use projects allow a mix of uses within the same building, with non-residential uses on the ground floor and residential uses on the upper levels. A vertical mixed-use project may have a surface parking lot, subterranean parking decks, and/or above-ground parking decks.
6. Net acre. Net acre refers to the total land area remaining after dedicating land for a public street.
7. Research and Development. Work and activities aimed at innovating, launching, and enhancing products and processes.
17.16.030 Permitted and Conditional Uses.
A. If a new mixed-use development project is located within an Industrial Zone and proposes to develop a mix of residential and non-residential uses within the same project area, the following uses are permitted:
1. Residential Uses
a. Multiple-family dwellings, including townhouses, stacked flats, open-floor-plan lofts, apartments, condominiums, and similar housing types.
b. Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the provisions of CMC Chapter 17.20.080.
c. Live-work units. The living (dwelling) space must occupy at least eighty percent (80%) of the unit’s total gross floor area, while the workspace must be at least 500 square feet. The workspace within the live-work unit cannot be converted into an accessory dwelling unit. The following are permitted uses within live-work units:
i. Professional, administrative, and business uses
ii. Studios (art, photography, copywriter, film, video, podcasting) iii. Arts and craft studios, including sales and galleries
4 iv. Tutoring services for music, math, and other academic subjects, with a maximum of two students at a time.
v. Home-based cottage food business
d. Small Family Day Care (up to 8 children) and Large Family Day Care (up to 14 children).
2. Industrial Uses
a. Light manufacturing uses include making crafts, art, sculptures, stained glass, jewelry, clothing, small household furniture, and similar items. b. Furniture upholstery services, including custom home upholstery for chairs, couches, sofas, and more.
c. Craft brewery or winery production without on-site testing or sales. d. Research and development activities, including businesses that develop new technology, which can be used to create or sell new products, services, or systems. e. Technology-related fields, including computer and software development, electronics, and similar areas.
f. Podcast and small-scale video production.
g. Small-scale food preparation and/or packaging.
h. Bicycle sales and service.
i. Maker space activities and uses per Section 17.16.020(4).
3. Commercial Uses
a. Shared food and retail facilities, such as food halls. b. Cafés, tea shops, and restaurants (without serving alcohol). c. Small neighborhood markets (less than 5,000 square feet). d. Florists and plant shops.
e. Interior decorating services (without product warehousing). f. Professional, administrative, and non-medical office uses.
4. Community Spaces and Areas
a. Community spaces and areas, including plazas, open spaces, co-working spaces, and recreation areas.
5 b. Community spaces and areas within live/work buildings.
5. Uses permitted subject to a Conditional Use Permit (CMC Chapter 17.04.030) The establishment of the following conditionally permitted uses requires approval of a Conditional Use Permit under CMC Chapter 17.04.030 as part of a mixed-use development project, in addition to the Site Plan Review approval mandated by this Chapter and Chapter 17.04.
a. Craft brewery and winery with on-site tasting and sales. b. Personal training, gym and fitness centers, gymnastic schools, and health clubs (less than 5,000 square feet).
c. Religious and public assembly.
d. Catering services.
e. Research and development (R&D) and manufacturing of biotech, pharmaceuticals, and nutritional supplements. Incidental retail of the on-site manufactured product is allowed. The floor area for incidental retail spaces shall not exceed 10% of the gross floor area of the R&D and manufacturing use.
B. If a new mixed-use development project is located within Commercial Zones (NCO, CC, and RC) and proposes to develop with a mix of residential and non-residential uses within the same project area, as set forth in CMC Section 17.16.060, the following uses are permitted:
1. Residential Uses
a. Single-family attached, duplexes, triplexes, or four-plexes. b. Multi-family dwellings such as townhouses, stacked flats, apartments, condominiums, and similar housing types.
c. Accessory Dwelling Units and Junior Accessory Dwelling Units, subject to the provisions of CMC Chapter 17.20.080.
d. Live-work units. The living (dwelling) space shall occupy at least 80% of the unit's total gross floor area, and the workspace shall occupy at least 500 square feet. The workspace area within the live-work unit is prohibited from being converted into an accessory dwelling unit. The following are permitted uses within live-work units:
i. Professional, administrative, and business uses; and ii. Studios (art, photography, copywriter, video production, podcasting); and iii. Arts and craft studios, including sales and galleries; and iv. Tutoring services such as music, math, and other academic subjects, with a maximum of two students attending the tutoring service at any one time; and v. Home-based cottage food business.
6 e. Small Family Day Care (up to 8 children) and Large Family Day Care (up to 14 children).
2. Commercial uses.
a. All uses permitted under the Neighborhood Commercial Office (NCO), Community Commercial (CC), and Regional Commercial (RC) zones are permitted as part of a new mixed-use development project.
3. Conditionally permitted uses.
a. The conditionally permitted uses listed in Section 17.10.030 (Table 17.10.030-1) shall be allowed with the approval of a Conditional Use Permit under CMC Chapter
17.04.030 as part of a new mixed-use development project, in addition to the Site Plan Review approval required by this Chapter and Chapter 17.04.040.
17.16.040 Accessory Uses
The following accessory uses are permitted within a mixed-use project:
1. Parking lots associated with a mixed-use project.
2. Electric vehicle charging stations.
3. Public and private recreation facilities.
4. Mechanical utility equipment (Refer to CMC Sections 17.16.060 B10 and B12 and
17.22.040).
5. Dog parks.
6. Smart electronic lockers system, self-service package lockers system, or package lockers system kiosks.
17.16.050 Uses Not Listed
The Director may determine that a proposed use not listed in Section 17.16.030 may be allowed, subject to the provisions of CMC Chapter 17.04.080 Use Determination.
17.16.060 Property Development Standards and Special Development Regulations The following property development standards and special development regulations shall apply to any project developed pursuant to this Chapter.
A. Development Standards
1. Minimum Project Area Size
20,000 square feet
7 2. Density and Intensity
a. Residential Density
i. Less than 1.0 Acre: A minimum of 14.0 and a maximum of 22.0 dwelling units per net acre
ii. 1.00 Acre or greater: A minimum of 22.0 and a maximum of 40.0 dwelling units per net acre
b. Non-Residential Floor Area Ratio
i. Less than 1.0 Acre: 1.0 FAR (excluding any residential areas) ii. 1.00 Acre or greater: 1.25 FAR (excluding any residential areas) c. Mixed-use projects may develop under the maximum FAR for non-residential development and maximum density for residential development within the same project area provided all standards in this section, and other applicable sections in the CMC Title 17 are met. Notwithstanding the foregoing, a mixed-use project must dedicate at least 25% of the total gross floor area to non-residential use.
3. Lot Coverage, Building Setbacks, Building Heights, and Step-Back Standards for Horizontal and Vertical Mixed Uses – Table 17.16.060-1:
a. For Residential Uses. Except as established in this Section, all other regulations and standards of the Residential Zone (Multi-Family) shall apply. b. For Commercial Uses. Except as established in this Section, all other regulations and standards of the underlying NCO, CC, and RC zones shall apply. c. For Industrial Uses. Except as established in this Section, all other regulations and standards of the underlying I zone shall apply.
d. The following Lot Coverage, Building Setbacks, Building Heights, and Step-Back Requirements shall apply:
Table 17.16.060-1 Lot Coverage, Building Setbacks, Building Heights, and Step-Back Requirements
Standards Horizontal Mixed Use (1) Vertical
Mixed Use
(1)
Residential Commercial Industrial
Lot Coverage (Maximum) 45% 60% 60% 60%
Building Setbacks (feet) from Property Lines
Front setback (2) 15 10 10 10
Street side setback (2) 10 10 10 10
Alley setback 5 5 5 5
Interior side setback, adjacent to
single-family residential zones
10 10 10 10
8 Interior side setback, adjacent to
multi-family zones
10 10 10 10
Interior side setback, adjacent to nonresidential zones10 5 5 5 Rear setback, adjacent to singlefamily residential zones15 15 15 15 Rear setback, adjacent to multifamily zones10 10 10 10 Rear setback, adjacent to nonresidential zones10 10 10 10 Accessory Structures (feet) within
Front Yard
15 10 10 10
Accessory Structures (feet) from Rear, Street Side, and Interior Side Property Line Detached garages or carports, other
detached accessory structures such as
trash enclosure areas, covered patio,
etc.
5 5 5 5
Building Height (feet)
Maximum building height 50 50 50 50
Building Step-back (feet) from Property Line
Third story and above: step-back
from street side and interior side
when adjacent to single-family
residential zones
15 15 15 15
Third story and above: step-back
from rear when adjacent to singlefamily residential zones 20 20 20 20
4. Minimum Separation Between Buildings Within the Project Site Area for Residential, Non-Residential, or Mixed-Use Buildings, Pursuant to Table 17.16.060-2 below:
Table 17.16.060-2 Minimum Separation Between Buildings Within Project Site Residential, Non-Residential, or
Mixed-use Buildings
1- Or 2-Story
(distance in
feet)
3-Story
(distance in
feet)
4-Story or More
(distance in feet)
Residential buildings adjacent to
commercial, industrial or mixeduse buildings
20 20 20
Building side to building side 10 15 15
Building front to building front 15 20 25
Building rear to building rear 10 15 15
Building side to drive aisle curb 5 10 15
Garage, carports or accessory
structures to habitable buildings
10 10 10
Other 10 10 10
B. Special Development Regulations
9 1. A licensed Architect, Landscape Architect and/or Civil Engineer shall prepare the development plans for any mixed-use project.
2. Ground Floor Height. The minimum height of all non-residential spaces on the ground floor within vertical mixed-use projects shall be 15 feet. The height shall be measured from the finished floor of the first story to the floor of the second story. Plans must show that the floor space will accommodate equipment and ventilation for the non-residential tenant’s use.
3. Grease Interceptors and Vertical Mechanical Vents. All commercial spaces must install grease interceptors and vertical mechanical chases for venting. The grease interceptors shall be located underground and connected to the infrastructure. Residential units above commercial spaces shall include mechanical shafts extending to the roof. Development plans must indicate the locations of grease interceptors and the vertical mechanical chase.
4. Sound and Vibration Insulation. Install sound and vibration insulation between floors in mixed-use vertical projects to ensure noise levels stay below 60 decibels from 7:00 AM to 10:00 PM, and below 45 decibels from 10:00 PM to 7:00 AM. An acoustical study shall identify the sound and vibration reduction measures needed to minimize noise from ground-floor tenants.
5. Access, Circulation, and Mobility. The design of access and circulation improvements must accommodate multiple users with different abilities and transportation mode preferences, such as driving, biking, walking, ride share, and taking transit. Use shared driveway access to serve multiple properties. Each driveway access shall be aligned with the driveway across the street or at a median opening. If alignment is not possible, driveway access shall be offset a minimum of 150 feet from those on the opposite side of the street. Design must not create conflicts between vehicles and pedestrians.
Figure 17.16.060-1 Access and Circulation
6. Pedestrian Orientations, Connections, and Amenities. Provide clear delineation of pedestrian walkways or bike trails with decorative pavement materials, landscaping, and lighting for safety. Incorporate a minimum of 5 pedestrian amenities, including but not
10 limited to decorative pavement, trellises and arbor features, site furniture, shade structures, wider sidewalks, curb extensions, parklets, benches, and canopy-shaped evergreen shade trees. Decorative pavement materials shall be either heavy broom finished integral color concrete, acid finished natural concrete, or brick pavers, or a combination of the mentioned materials.
7. Fences and Walls. The maximum height for fences and walls shall be 6 feet. Within the front yard area, the maximum fence and wall height shall be 3 feet and must feature an open design with wrought iron and decorative pilasters. Fences and walls shall match the materials, finished textures, and colors of the primary buildings and structures in the project. They shall incorporate at least two of the following features: a minimum two-foot change in plane every 25 lineal feet; use of pilasters at 50 lineal foot intervals; construction from concrete block with stucco, split face block, or slump block; or pilasters with wrought iron.
8. Off-Street Parking. Parking standards for residential and non-residential uses shall follow the parking requirements set forth in CMC Chapter 17.22.090. Parking incentives are as follows:
a. The first 1,000 square feet of commercial or non-residential floor area is exempt from parking requirements.
b. Two-car tandem parking shall be allowed to meet the residential parking requirements. c. For horizontal mixed-use development, the residential project may share nonresidential parking spaces as residential guest parking, up to a maximum of 50% of the total required residential guest parking. Pedestrian pathways with a direct and safe route from the residential project to the shared parking spaces, connecting to the nonresidential project, shall be provided. d. For vertical mixed-use project, required parking spaces can be reduced by 10% if the mixed-use project includes all of the following features: a minimum of 2 parking spaces designated for pick-up and drop-off spots for ride-hailing services, at least 1 loading space (14-foot width by 25-foot length) for parcel delivery services, and at least 1 smart electronic lockers system, and at least three 4-space bike racks.
9. Signs. Signage can be of varying shapes, types, styles, and color combinations. Canister and box signs are prohibited. A Sign Program must specify the sign types, locations, sizes, colors, materials, and text and lettering for each building and use, in accordance with CMC Chapter 17.26. A Sign Program shall be approved prior to the issuance of a building permit.
10. Screening of Equipment, Refuse Storage, and Loading Areas. Roof-mounted equipment shall be totally screened by parapet walls. Ground-mounted equipment, wall-mounted equipment, refuse collection areas, and loading areas shall be hidden from public view.
Screening design, including colors, materials, and finishes, shall match the architecture and design of the primary building(s).
11. Lighting. Exterior building lighting enhances visibility and safety by illuminating sidewalks, pedestrian paths, and plazas. The light fixtures shall match the architectural style of the main buildings. The maximum height of light poles from the finished surface to the top of the light fixture shall be 20 feet. Energy-efficient LED lights with shields shall be used. The light illumination shall not exceed 1 footcandle at the property line. The
11 applicant shall submit a photometric plan or diagram prepared by a licensed engineer to demonstrate compliance with the standard of 1 footcandle at the property line.
12. Placement of Utilities, Meters, and Transformers. All utility, meter, and transformer equipment shall be hidden from public view and must be shown on the site plan. All ground-mounted equipment, including but not limited to transformers and AC units, must be fully screened by a decorative screen wall, landscaping, or a combination of both. Wallmounted equipment shall match the building’s architectural style in terms of colors and materials.
13. Roof access shall be within the building. Any proposed exterior ladder for roof access must be hidden from public view and integrated into the building's design.
14. Common Open Spaces. Horizontal and vertical mixed-use developments are required to provide common open spaces at a minimum of five percent (5%) of the total project site area. Setback areas shall not be used to satisfy common open space requirements.
Common open space shall have sixty percent (60%) landscaping improvements. Common open spaces must provide at least 3 different types of the following list of common open spaces:
a. Outdoor plazas. Outdoor plazas shall include the following amenities: drinking fountains, water features, trash cans, accent lighting, and other enhancements that encourage public use and social gathering. Outdoor plazas for vertical mixed-use projects shall be sited at locations with a visual connection to the public realm. b. Rooftop gardens.
c. Passive open space areas.
d. Community gardens.
e. Recreation centers.
f. Courtyards.
15. Incentive for Public Art. Installing one piece of public art in an outdoor plaza allows a 1% reduction in the required common open space, lowering it from five percent (5%) to four percent (4%) of the total project site area. Public art may be a standalone sculpture or statue, integrated into the building façade, or applied to a surface, such as a mural, and must be maintained for the life of the project. Public art must be three-dimensional and monumental in scale. “Monumental in scale” means that at least one dimension is 5 feet or larger.
16. Residential Private Open Spaces. Residential units require 100 square feet of private open space per unit. Private open space may include balconies, ground-level patios, or a combination of both.
17. Permitted Height Projections Above Limit for Vertical Mixed-Use Developments as follows:
a. A maximum of 10 feet of vertical height projections above the otherwise applicable building height limit is allowed for decorative features, including spires, cupolas, or rooftop open space features (including sundecks, trellises, and landscaping). Such decorative features may cover a maximum of 20% of the roof area. The decorative features must be set back from the exterior wall of the building by 1 foot for each 1 foot of projection above the height limit.
12 b. A maximum of 16 feet of vertical height projections above the otherwise applicable building height limit is allowed for elevators and stair towers. Elevators and stair towers may cover a maximum of ten-percent (10%) of the roof area. The elevator and stair tower must be set back from the exterior wall of the building by one foot for every foot of projection above the height limit.
17.16.070 Statement of Intent for the Objective Design and Architectural Standards A. Promote diversity of uses. Increase the diversity and range of uses and activities, such as housing, retail, services, offices, and civic and community facilities. A diversity of uses will attract activities at different times of the day and at appropriate locations. It strengthens the connection between people and places and promotes better urban design.
B. Integrate with existing neighborhoods. Minimize potential negative impacts on neighboring properties by transitioning the size, scale, and character of the mixed-use development with adjacent uses and neighborhoods.
C. Promote pedestrian orientation. Incorporate a pedestrian-friendly site design with direct walking and bicycling connections within the site and to surrounding areas. The design shall provide pedestrian-oriented architecture, well-defined street edges, active ground floors, and attractive building details.
D. Offer flexible transportation and parking strategies. Consider lowering parking requirements if a mixed-use development meets or offers these provisions: proximity to local or regional transit lines or routes within half a mile; implement innovative solutions such as shared parking, car-sharing, and electric vehicle charging stations; and incorporate Transportation Demand Measures (TDM) to reduce vehicle miles traveled (VMT).
E. Promote attractive design and create a focal point for the community. Mixed-use developments are typically located at higher-profile locations and along major arterial and secondary roads. This serves as a community focal point for the neighborhood(s). Features shall provide easy access by foot; provide transit, bicycle, gateway, or landmark elements; and incorporate inviting gathering places that allow community activities.
F. Promote environmental sustainability by integrating green building techniques and infrastructure into design to efficiently use energy, water, and materials, while reducing waste.
17.16.080 Objective Design and Architectural Standards
Mixed-use developments subject to this Chapter are required to comply with the required threshold of the objective design and architectural standards listed under Table 17.16.080-1.
Table 17.16.080-1 Table of Objective Design and Architectural Standards Objective Design and Architectural Standards Included
(Yes/No/NA)
13 I. Integrate with existing neighborhoods – must comply with all standards in this subsection I to meet threshold
1 Front porches and individual entries shall face the street or common open space. a. All ground-level units shall include an individual entry, porch, patio or terrace. b. A minimum of 50% of the upper-story units shall include a balcony or terrace.
II. Site Planning and Parking – must comply with 3 of 5 standards of this subsection II to meet threshold
1 Parking areas shall be located in the rear or interior of the lot/parcel or shall be screened from public right-of-way with landscaping and hedgerows (5-gallon size evergreen shrubs planted at 4 feet on center).
2 Loading areas shall be hidden from the street.
3 Vertical mixed-use buildings with 3 stories or more shall provide a minimum of 20 feet distance buffering from any property line adjacent to property zoned as a single-family residential zone. Landscaping, drive aisle, parking, or a combination of any of these features may encroach within the 20-foot distance buffering.
4 Parking areas shall include at least two of the following shade elements such as trees, vine covered trellises, and overhead solar panels. 5 For residential projects, a cluster or a row of units shall have a lateral shift or a complete break of at least 3 feet after every 3 units to avoid one continuous monotonous building setback.
III. Architectural Standards – must comply with 7 of 10 standards of this subsection III to meet threshold
1 Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a 3-foot recess or pop-out architectural feature.
2 Incorporate into building facades human-scale detailing such as reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, arched columns, etc. Building design must incorporate at least a minimum of 4 mentioned detailing. 3 Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of 4 feet; a change in roof pitch; a change in roof form with respect to the direction of slopes; or the inclusion of dormers, towers, or parapets.
4 Provide non-habitable front porches and/or patios, which may project into the front yard setback by 5 feet for residential uses. Area of the front porch shall be a minimum of 45 square feet.
5 For non-residential use, building design shall include all of the following required architectural elements: awnings, towers, covered arcades, or porticos. 6 Locate all entries and entryways to be directly visible and accessible from the public sidewalk. Corner buildings shall have corner entries. 7 For non-residential or mixed use buildings, incorporate at least 3 building materials to add color, texture, variation, and interest. Acceptable building materials are stucco, tiles, concrete, stones or brick veneer, steel, or glass.
14 8 For residential buildings, incorporate at least 3 building materials to add color, texture variation, and interest. Acceptable building materials are stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.
9 Employ accent materials such as tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims, etc., to add color, textures, and visual interest. Must incorporate at least 3 accent materials. 10 Buildings that are 3 stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/parapet cap), and the top floor or cornice/parapet cap. Each of these elements shall be distinguished from one another through the use of the techniques listed in 10a, 10b, and 10c:
a. Variation in building modulation for a minimum of 70% of the length of the façade through changes in wall planes that protrude or recess with a minimum dimension of 3 feet.
b. Variation in façade materials through the use of at least 2 of the following: size, texture, pattern, or color.
c. Variation in fenestration, through the following: incorporating a step-back, recession or projection with a minimum depth of 3 feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15%.
IV. Project Landscape and Hardscape – must comply with all standards of subsection IV to meet the threshold
1 Landscaping design and density shall incorporate the following features and requirements:
a. 1 tree per 20 lineal feet of building perimeter and project boundaries. b. 15-gallon minimum for tree size; thirty-percent (30%) of the total trees at 24-inch box-size trees; 5-gallon size shrubs; and ground cover at 12 inches on center c. Provide a mix of thirty-five-percent (40%) evergreen trees, thirty-five-percent (30%) deciduous trees and thirty (30%) flowering accent trees. d. Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.
e. Provide evergreen and canopy shape trees for parking areas. Plant parking lot trees at a rate of 1 tree per 5 parking spaces and provide shade for over fiftypercent (50%) of the parking area within 15 years (CAL Green Code). f. Use drought-tolerant planting and water-efficient irrigation. 2 Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent for hardscape within common open space.
V. Project Amenities – must comply with 2 of 5 standards of subsection V to meet the threshold
1 Incorporate one piece of public art within the outdoor plaza area. 2 Provide at least 1 innovative community feature including, but not limited to, a dog park for the project, outdoor dining and gathering areas, or at least one 1 or more secured parcel and package locker areas or other similar community features.
3 All buildings are Energy Star Certified.
4 Commercial use: Incorporate rooftop decks for restaurants, which will be counted towards the required common open space for total project site area.
15 5 Residential use or vertical mixed-use buildings: Incorporate a minimum of 500 square feet of interior community and shared co-workspace with office equipment and high-speed WIFI.
17.16.090 Submittal Requirements and Applications
Submittal of new development, construction, additions, renovations, and alterations of existing structures and site areas shall comply with the requirements described in CMC Section 17.04.040 Site Plan Review, as well as any other requirements deemed necessary by the Director. The applicant shall prepare and submit plans, materials, studies, and reports according to the City's submittal checklists.
All submitted plans, including elevations, site plans, design plans, grading plans, utility plans, and others, shall be prepared by licensed architects and engineers. The applicant is responsible for submitting written materials demonstrating that the proposed project conforms to all Property Development Standards, Special Development Regulations (Section 17.16.060), and Objective Design and Architectural Standards (Section 17.16.080) of this Chapter, in the format or checklist prescribed or issued by the Director.
17.16.100 Applications, Submittal Requirements, Review Process, Approval, and Appeal Procedures
A. Mixed-use projects that meet the requirements of this Chapter shall be reviewed in accordance with the Site Plan Review CMC Chapter 17.04.040.
B. Planning Commission’s Authority. Pursuant to CMC Chapter 17.02.080, the Planning Commission shall have the authority to approve, approve with conditions, or deny a project application under the MUOD.
C. Appeal Process and Procedures. The appeal process and procedures of Chapter 17.02.090 shall apply.
1 FINAL DRAFT (JUNE 2026)
CHAPTER 17.18 AFFORDABLE HOUSING
MIXED-USE OVERLAY DISTRICT (AHMUOD)
17.18.010 Intent, Purpose, and Applicability.
17.18.020 Definitions.
17.18.030 Mixed-Use Projects.
17.18.040 Stand-Alone Residential Projects.
17.18.050 By-Right Approval Process for AHMUOD
17.18.010 Intent, Purpose, and Applicability.
A. The purpose of this Affordable Housing and Mixed-Use Overlay District (AHMUOD) is to encourage the development of housing, and especially affordable housing, as a means of meeting the city's obligations under state law to provide opportunities for housing developments in accordance with the Regional Housing Needs Assessment (RHNA) and the City's RHNA allocation.
B. The AHMUOD is an overlay zone. Uses allowed in the underlying zoning classification will remain permitted. The AHMUOD provides the City with the necessary regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments or 100 percent residential projects that benefit the city and future applicants. Applicants can choose to comply with either:
1. The development and design standards and requirements established with the underlying zoning classification per the existing zoning code; or
2. The development and design standards and requirements described in this chapter.
C. Property classified with the AHMUOD shall be identified on the City's official Zoning Map by both the underlying zone and the AHMUOD by listing the (AHMUOD) classification with parentheses after the underlying zoning classification.
17.18.020 Definitions.
A. Lower Income Households. The term "lower income households" shall have the same meaning as that term is defined in Health and Safety Code Section 50079.5.
B. Total Units. The term "total units" shall have the same meaning as that term is defined in Government Code Section 65915.
17.18.030 Mixed-Use Projects.
A. Mixed-use projects developed pursuant to this AHMUOD shall comply with all provisions of CMC Sections 17.16.030 through 17.16.080, inclusive, except that projects seeking approval under this chapter shall include at least 50 percent of the total gross floor area of
2 the project for residential use and the minimum density standard for a site less than one acre identified in CMC Section 17.16.060(A)(2) shall be 20 units per acre.
B. Mixed-use projects seeking approval under this chapter shall proceed through the approval process outlined in CMC Section 17.16.100, unless the proposed project includes at least 20 percent of the total units as affordable for lower-income households, in which case the approval process in CMC Section 17.18.050 applies.
17.18.040 Stand-Alone Residential Projects.
A. Any property designated with AHMUOD may develop a stand-alone (100 percent) residential development, subject to the following requirements:
1. The residential density shall be a minimum of 22 and a maximum of 40 dwelling units per net acre.
2. Except as required in this section, all regulations and standards of the Residential zone (multi-family) pursuant to CMC Chapter 17.08 and the adopted multi-family objective design standards pursuant to Ordinance 21-09 shall apply. In the case of a conflict, the standards included in this section shall control.
3. The project shall comply with all of the following objective design and architectural standards:
a. Porches, Entries, Balconies, Patios, and Terraces.
i. Front porches and individual entries shall face the street or common open space.
ii. All ground-level units shall include an individual entry, porch, patio, or terrace. iii. A minimum of 50 percent of the upper-story units shall include a balcony or terrace.
b. Site Planning and Parking.
i. Any surface parking areas shall include at least two of the following shade elements: trees, vine-covered trellises, and overhead solar panels. ii. A cluster or a row of units shall have a lateral shift or a complete break of at least three feet every three units to avoid one continuous monotonous building setback.
c. Architectural Standards.
i. Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a three-foot recess or pop-out architectural feature. ii. Incorporate into building facades at least four of the following human-scale detailing features: reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, and arched columns.
iii. Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of four feet; a change in roof pitch; a change in roof form with respect to the direction of slopes, or the inclusion of dormers, towers, or parapets.
3 iv. Provide non-habitable front porches and/or patios, which may project into the front yard setback by five feet. Area of the front porch shall be a minimum of 45 square feet.
v. Incorporate at least three of the following building materials into each building:
stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.
vi. Employ at least three of the following accent materials/features into each building: tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims.
vii. Buildings that are three stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/ parapet cap), and the top floor or cornice/parapet cap. Each of these elements shall be distinguished from one another through the use of all of these techniques: variation in building modulation for a minimum of 70 percent of the length of the facade through changes in wall planes that protrude or recess with a minimum dimension of three feet; variation in facade materials through the use of at least two of the following: size, texture, pattern, or color; and variation in fenestration, through the following: incorporating a step-back, recession or projection with a minimum depth of three feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15 percent. d. Landscaping design and density shall incorporate the following features and requirements:
i. One tree per 30 lineal feet of building perimeter and project boundaries. ii. Fifteen-gallon minimum for tree size; 30 percent of the total trees at 24-inch box-size trees; five-gallon size shrubs; and ground cover at 12 inches on center. iii. Provide a mix of 35 percent evergreen trees, 35 percent deciduous trees and 30 percent flowering accent trees.
iv. Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.
v. Provide evergreen and canopy shade trees for parking areas. Plant parking lot trees at a rate of one tree per seven parking spaces and provide shade for over 50 percent of the parking area within 15 years (CALGreen Code). vi. Use drought-tolerant planting and water-efficient irrigation. vii. Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent, for hardscape within common open space.
B. The proposed project shall reserve at least 10 percent of the total units in the project as affordable housing for lower-income households. Affordable units shall be constructed concurrently with or prior to the construction of market-rate units.
C. The units shall be made available at an affordable housing cost in accordance with Government Code Section 65915, including, but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for-sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.
4 D. All affordable housing units, rental or for-sale, must be restricted by an agreement with the City to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a Building Permit.
E. Nothing in this section shall be construed as replacing Government Code Section 65915 or CMC Section 17.20.020 (Special Housing Regulations, Density Bonus).
F. Stand-alone residential projects seeking approval under this chapter shall proceed through the approval process outlined in CMC Section 17.16.100, Review Process, Approval Authority, and Appeal Procedures; unless the proposed project includes at least 20 percent of the total units as affordable for lower-income households, in which case the approval process in CMC Section 17.18.050 applies.
17.18.050 By-Right Approval Process for AHMUOD
A. Ministerial Review (By-Right) and Approval Process. Eligible housing projects, including mixed-use housing projects, that contain 20 percent of the total units for lower-income households shall be approved ministerially by the Director. All applications for the streamlined ministerial review process shall be accompanied by materials as required by the Director to verify compliance with the requirements of this section. For mixed-use projects, the project shall comply with all requirements in CMC Sections 17.16.030 through 17.16.080.
For stand-alone residential projects, the project shall comply with all requirements in CMC Section 17.18.040 except 17.18.040(B).
B. Affordable housing units shall be constructed concurrently with, or prior to, the market-rate units. The units shall be made available at an affordable housing cost in accordance with Government Code Section 65915, including, but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for-sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.
C. All affordable housing units, rental or for-sale, must be restricted by an agreement with the City to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a Building Permit.
D. Nothing in this section shall be construed as replacing Government Code Section 65915 or CMC Section 17.20.020 (Special Housing Regulations – Density Bonus).
E. Tribal Cultural Resources. Projects eligible for ministerial approval pursuant to this section are exempt from the California Environmental Quality Act, but must comply with the requirements of California Native American Tribal Consultation in Government Code Sections 65913.4(b)(1) through (b)(8), as those sections may be amended from time to time.
5 1. Upon receipt of an application, City staff shall engage in a scoping consultation regarding the project with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the City, within 30 calendar days of receiving the application.
2. If, after concluding the scoping consultation, the City determines there is no impact to tribal cultural resources, the project will follow a ministerial review and approval process. If, after concluding the scoping consultation, the City determines there is potential impact to a tribal cultural resource, the developer shall enter into an enforceable agreement between the California Native American tribe(s) and developer on methods, measures, and conditions for tribal cultural resource treatment. The City shall not approve the project until the applicant has submitted fully executed agreement(s) with all California Native American tribe(s) whose tribal cultural resources may be impacted by the project.
F. Projects developed pursuant to the process provided by this section shall comply with all of the following:
1. The project is required to annex into Community Facilities District 2007-01 (the "CFD") for the purpose of financing the project's proportionate share of the cost for Police response, Fire and emergency medical response, and Park Services. The applicant shall petition the City to annex to the City's existing CFD under the California Mello-Roos Community Facilities Act (Government Code Section 53311 et seq.) (the "Act"). The applicant agrees to cooperate and not to oppose annexation to the CFD for purposes set forth above. This annexation shall be completed prior to issuance of Building Permits.
2. The project shall be annexed into the existing landscape district and lighting district, which shall be completed prior to issuance of Building Permits.
3. The project shall pay development impact fees pursuant to the latest adopted fee resolution, prior to the release of the first dwelling unit for the project.
4. If the project includes a subdivision, the project shall be subject to park (Quimby) impact fees to the city for public parkland in accordance with Chapter 16.28 CMC (Park Dedication and In-Lieu Fee Regulations).
5. The project shall comply with Los Angeles County fire department codes and regulations.
6. The project shall comply with the latest adopted California Building Standards Code, and must comply with applicable federal and state accessibility requirements to and throughout the buildings, including compliance methods and structural details on the plans.
a. 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),
6 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 met the applicable SCAQMD notification requirements, a formal demolition plan and permit must be obtained from the building and safety division. SCAQMD Headquarters, 21865 Copley Drive, Diamond Bar, CA, (909) 396-2381.
7. The project shall comply with the street improvements requirements in CMC Chapter
17.22 General Development Standards, CMC Title 16 Subdivisions, and CMC Chapter 17.22.120 Public Improvement Standards.
a. The applicant shall provide a preliminary grading and drainage plan for the proposed development.
b. The applicant shall provide a traffic impact/VMT (vehicle miles traveled) analysis for the development.
c. The applicant shall provide a sewer impact analysis for the development. d. The applicant shall provide a preliminary hydrology/LID analysis for the development.
e. The applicant shall provide a soils and geologic report.
8. The project shall comply with public works environmental services requirements:
a. If the project redevelops an area greater than 5,000 square feet, storm water capture shall be required. A low-impact development (LID) plan shall be required, and must be approved by the city prior to the issuance of a grading permit. The LID plan will be reviewed by the City's storm water consultant. An LID review fee of $2,000 will apply.
b. SWPPP. If the project disturbs over one acre and requires a storm water pollution prevention plan (SWPPP), the SWPPP must be uploaded to SMARTS and a WDID provided to the city prior to the approval of the LID plan. c. Trash Collection. Each trash room must be able to accommodate a separate 65- gallon barrel for the collection of organic waste (food scraps and landscape waste), per state law.
d. Construction and Demolition. Seventy-five percent of construction and demolition debris must be recycled, per city Ordinance No. 18-03. Forms and a security deposit will be required.
9. The project shall pay the applicable SB 50 development impact fees to the school district prior to issuance of the first Building Permit for production units.
10. The project shall comply with the following Covina Police Department requirements:
a. Parking lot light fixtures and wall-mounted light fixtures shall be 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. b. 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. c. 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
7 Department to review signage. The condition of approval shall be accomplished on or before opening.
d. 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.
e. The owners, operators, or managers must comply with all city codes and ordinances relating to police response and nuisance abatement conditions. f. Rolling driveway gates, and any pedestrian gate, shall have a keypad installed with current access code provided to police dispatch at (626) 384-5808. g. The owners, operators, or managers shall, subject to approval by 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. h. The permittee and the operator of any business at the premises shall install, use, and maintain in good working conditions 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, entrances and exits, and parking areas. The video security system shall be of such quality as 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.
i. 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.
j. 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 10 business days thereafter for the Covina Police Department's review in connection with a criminal or other investigation.
G. No Hearing Required. No public hearing shall be required prior to a decision to approve or deny an application complying with this section.
H. Expiration of Approvals. An approval pursuant to this chapter shall expire within three years.
I. Amendments. An applicant may request an amendment to an approved AHMUOD project.
The director may approve such an amendment if the applicant demonstrates that the amended project continues to conform to the eligibility requirements and development standards in this chapter.
FINAL DRAFT (JUNE 2026)
Chapter 17.20 Special Housing Regulations
17.20.010 Purpose
17.20.020 Residential Density Bonus
17.20.030 Emergency Shelter Overlay District
17.20.040 Low Barrier Navigation Centers
17.20.050 Reasonable Accommodation
17.20.060 Two-Unit Residential Developments and Urban Lot Splits in Single-Family Zones
17.20.070 Supportive and Transitional Housing
17.20.080 Accessory Dwelling Units and Junior Accessory Dwelling Units
17.20.010 Purpose.
The purpose of this chapter is to:
A. Comply with the Federal Americans with Disabilities Act, the Federal Fair Housing Act, and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its land use and zoning regulations and reasonable modification in a policy, practice, or procedure for housing designed for occupancy by qualified persons with disabilities seeking fair access to housing.
B. Facilitate the production of affordable housing consistent with Government Code Section 65915, including density bonuses and other incentives.
C. Implement the goals, policies, and programs of the Housing Element of the Covina General Plan.
D. Provide temporary shelter for homeless persons or others in need in a manner that protects the health, safety, and general welfare of nearby residents and businesses, consistent with California Government Code Section 65583.
17.20.020 Residential Density Bonus.
A. In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the Director on a form approved by the Director. The application shall be filed concurrently with an application for a site plan review, a tentative map, or other land use entitlements required by this code. At the time of submission, the applicant shall pay a density bonus application fee established by City Council resolution.
B. City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a site plan review or other land use entitlements that are required by this code.
C. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios.
D. For a housing development that qualifies under Government Code Section 65915, the city shall grant the density bonus amount specified in that section, as amended from time to time. Unless otherwise required by Government Code Section 65915, the density bonus units shall not be counted when calculating the total number of housing units that qualify the housing development for a density bonus.
E. For purposes of calculating the density bonus, the “maximum allowable residential density” shall be the maximum density permitted under the zoning ordinance and the land use element of the General Plan, or, if a range of densities is permitted, the maximum allowable density for the specific zoning range and land use element of the General Plan applicable to the project.
F. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the General Plan, the maximum density allowed in the General Plan shall prevail.
G. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.
H. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:
1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
4. The waiver or reduction of the development standard would be contrary to State or Federal law.
I. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as amended from time to time.
J. The applicant shall comply with all requirements stated in Government Code Section 65915.
K. The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.
L. For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project for a density bonus must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that each building of the development project contains a mix of affordable and market rate units, if any.
M. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915. If applicable, the applicant must certify that the proposed project meets the replacement unit requirements identified in subparagraph (c)(3) of Government Code Section 65915 or any comparable requirement in Government Code Section 65915, as it may be amended from time to time.
N. The provisions of this section shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to that Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.
17.20.030 Emergency Shelter Overlay District.
This section sets forth the requirements for the establishment and operation of emergency shelters.
A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:
1. Permit Required. Emergency shelters may be established and operated in the emergency shelter (ES) overlay district, subject to nondiscretionary approval of a Site Plan Review in compliance with CMC Chapter 17.04.040.
2. Management and Operations Plan. An application for a permit to establish and operate an emergency shelter shall be accompanied by a management plan, which should incorporate the following: hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onPage 869 of 1097 site waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, house rules regarding use of alcohol and drugs, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.
B. Development Standards. In addition to other standards set forth in this code for the underlying zone, emergency shelters shall conform to the following standards.
1. Maximum of 100 beds.
2. Minimum separation of 300 feet between emergency shelters.
3. One parking space per four beds, plus one space for each staff member on duty.
17.20.040 Low Barrier Navigation Centers.
A. Purpose and Intent. This section sets forth the requirements for the establishment and operation of low barrier navigation centers.
B. General Standards. A low barrier navigation center development and transitional housing is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
1. It offers services to connect people to permanent housing through a service plan that identifies service staffing.
2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
5. Low Barrier Navigation Centers shall also comply with the standards established for emergency shelters in CMC 17.20.040.
C. Review Process. Low barrier navigation centers may be established and operated subject to nondiscretionary approval of a Site Plan Review in compliance with CMC Chapter
17.04.040.
D. Repeal. This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
17.20.050 Reasonable Accommodation
A. Specific Purpose. In conformance with State and Federal fair housing laws, this section establishes the City’s procedures for handling requests for reasonable accommodation from the strict application of the City’s land use and zoning regulations, thereby allowing disabled persons an equal opportunity to use and enjoy a dwelling.
B. Definitions.
"Disabled; disabled person" means a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.
"Eligible person" means a disabled person, a disabled person's representative, or a real estate developer building housing for disabled persons. "Fair housing laws" means the "Fair Housing Act" (42 U.S.C. § 3601 et seq.), the "Americans with Disabilities Act" (42 U.S.C. § 12101 et seq.), and the "California Fair Employment and Housing Act" (California Government Code Section 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.
"Major life activity" means physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.
"Physical or mental impairment" means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc., does not qualify as a physical or mental impairment.
"Reasonable accommodation" means any deviation requested and/or granted from the City's zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.
C. Requesting Reasonable Accommodation.
1. In order to make housing available to disabled persons, any eligible person may request a reasonable accommodation from the strict application of land use, zoning and building regulations, policies, practices and procedures.
2. Requests for a reasonable accommodation shall be submitted on an application form established by the community development director.
3. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by State or Federal law.
4. A request for a reasonable accommodation from the strict application of the City’s regulations, policies, practices, or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect a person’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
D. Reviewing Authority.
1. Requests for a reasonable accommodation shall be reviewed by the Director under the criteria set forth in subsection (C) of this section. The Director may, in the Director's discretion, refer applications to the Planning Commission for consideration.
2. The Director may grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection (E) of this section.
3. If necessary to reach a determination on the request for reasonable accommodation and consistent with fair housing laws, the Director may request additional information from the applicant.
E. Required Findings. The request for a reasonable accommodation shall be approved, or approved with conditions, if the reviewing authority finds that all of the following conditions are met:
1. The dwelling, which is the subject of the request for reasonable accommodation, will be used by a disabled person; and
2. The requested accommodation is necessary to make housing available to a disabled person; and
3. The requested accommodation will not impose an undue financial or administrative burden on the City; and
4. The requested accommodation will not require a fundamental alteration in the nature of the City’s Zoning Ordinance.
F. Written Decision.
1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings required by subsection (E) of this section. All written decisions shall give notice of the applicant’s right to appeal and to request a reasonable accommodation in the appeals process. The notice of decision shall be sent to the applicant by certified mail.
2. The written decision shall be final unless the applicant appeals pursuant to CMC
17.02.090.
3. While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property shall remain in full force and effect.
G. Expiration.
1. A reasonable accommodation shall lapse if the exercise of rights does not occur within 180 days after the issuance of the final decision.
2. The rights conferred by an approved accommodation shall expire when the disabled person for whom the accommodation was granted no longer resides at the property, unless the director makes either of the following findings:
a. That such accommodation is physically integrated with the property and cannot feasibly be removed or altered; or
b. The property is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling.
The community development director may request documentation that subsequent occupants are disabled persons. Failure to provide such documentation within 30 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.
17.20.060 Two-Unit Residential Developments and Urban Lot Splits in Single-Family Zones
A. Purpose - Applicability – Definitions – Interpretation.
1. Purpose. The purpose is to comply with California Government Code Sections 65852.21 and 66411.7 and to properly regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones.
2. Applicability. The standards and limitations outlined in this section shall apply to SB 9 two-unit residential developments and urban lot splits within a single-family residential zone in the City, notwithstanding any other conflicting provisions of the Covina Municipal Code (“CMC”). In case of conflicts between the provisions of this section and any other provisions of the CMC, the provisions of this section shall prevail. If SB 9 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.
3. Definitions. The following terms shall have the following meanings:
“ADU” and “JADU” shall have the meanings ascribed to these terms in Chapter
17.20.080 CMC (Accessory Dwelling Units and Junior Accessory Dwelling Units). “New primary dwelling unit” shall mean creating a new, additional dwelling unit or expanding an existing dwelling unit. ADU or a JADU does not constitute a new primary dwelling unit.
“Single-family residential zone” includes the A-1, A-2, E-1, E-1/2, E-2-1/2, R-1- 20,000, R-1-10,000, R-1-8500, and R-1-7500 zoning districts. “SB 9” means Senate Bill No. 9, Statutes of 2021, Chapter 162 (2021). The bill amended Government Code Section 66452.6 and added Government Code Sections 65852.21 and 66411.7.
“SB 9 two-unit residential development” shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit. “Urban lot split” shall mean a parcel map subdivision permitted according to the regulations outlined in Government Code Section 66411 that creates no more than two parcels of approximately equal size.
“Lot area” shall mean the total area measured horizontally within the lot lines and shall not have a slope steeper than 4:1 (four feet horizontal to one foot vertical).
4. Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with State law. The City shall not apply any requirement or development standard provided for in this section to the extent prohibited by any provision of State law.
B. Permit Application and Review Procedures.
1. Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.
2. Review. Consistent with State law, the Chief Planning Official will consider and approve or disapprove a complete application for an SB 9 two-unit residential development, or an urban lot split ministerially, without discretionary review or public hearing.
3. Nonconforming Conditions.
a. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected.
b. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.
4. Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until all required documents have been recorded and submitted to the City.
5. Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify, and hold harmless the City, its officers, agents, employees, and consultants from all claims and damages (including attorneys’ fees) related to the approval and its subject matter.
6. Denial Based on Specific, Adverse Impacts. Notwithstanding anything else in this section, the building official may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the building official makes both of the following written findings, based on a preponderance of the evidence, that: (a) the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon either public health and safety or on the physical environment and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
C. Qualifying Requirements. A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements to qualify for a ministerial review under this section. The applicant is responsible for demonstrating to the Director's reasonable satisfaction that each requirement is met. Both the applicant and each property owner must provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is fulfilled.
1. The subject property shall be located within a single-family residential zone.
2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.
3. The proposed development shall not be located within a historic district or on the property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a City landmark or historic property pursuant to a City ordinance.
4. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
5. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.
6. The proposed development shall not involve the demolition of more than 25 percent of the exterior walls of an existing dwelling.
7. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three years.
8. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.
9. In the case of an urban lot split, the lot proposed to be subdivided (“subject lot”) is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.
10. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property.
11. Except where superseded by this section, development shall comply with the objective standards of the zone in which the lot is located.
D. Number of Dwelling Units Permitted on a Lot.
1. Notwithstanding any other provisions of the CMC, State law requires the City to permit a lot located within a single-family residential zone to contain up to two primary dwelling units. The two units must be developed and maintained to comply with the requirements outlined in this section.
2. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subsection, the twounit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. Examples are as follows:
a. One primary dwelling unit and one ADU (detached or attached); or b. One primary dwelling unit and one JADU; or
c. Two dwelling units.
The combination of two dwelling units plus one ADU and one JADU are not permitted on a lot that results from an urban lot split.
E. Separate Conveyance.
1. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.
2. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.
F. Residential Use Only. Nonresidential use is not permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.
G. No Short-Term Rentals Allowed. The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a period longer than 30 consecutive days.
H. Housing Crisis Act Replacement Housing Obligations. If the proposed development results in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all
applicable requirements imposed according to subsection (d) of Government Code Section 66300.
I. Development and Objective Design Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall adhere to the development and design standards outlined in this section. Additionally, unless modified or specified by this section or by State law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split must comply with all objective development standards applicable to the lot as outlined in this section, along with all relevant objective standards and criteria found in standard plans and specifications, policies, and standard conditions duly adopted by the City and the Los Angeles County Fire Department.
1. The following table, Table 17.20.060-1 Development Standards, outlines the standards for buildings, landscaping, and other aspects of site development for projects applying under the SB-9 two-unit residential development standards.
Table 17.20.060-1 Development Standards
Unit Size
Minimum for each
Dwelling
800 square feet A legally established primary
dwelling less than 800 SF may
expand to up to 1,000 SF
Maximum for each
Dwelling
1,000 square feet A legally established primary
dwelling more than 1,000 SF shall
not be expanded
Building Height
(maximum)
16 feet Height measured from the ground
level to the highest point of the roof
Building separation 6 feet Between all detached structures:
residential units, garages, accessory
structures; and comply with building
codes
Front Landscape
coverage (maximum)
50 percent Exclude the allowed standard
driveway (12 feet wide) in the front
yard
2. Setbacks.
a. The following are minimum setbacks from the property lines for each new primary dwelling unit, new detached garage, and accessory structures:
Table 17.20.060-2 Setbacks for Primary and Accessory Structures Minimum
Setbacks
(feet)
Front Rear Interior
Side
Street
Side
Reverse
Corner
Side
New
Primary
dwelling
unit
25 4 4 12.5 15
New
detached
garage and
accessory
structures
25 4 4 12.5 15
b. Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.
c. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances:
i. No increased setback is required for an existing structure or for a new primary dwelling unit that is constructed in the same location and to the same dimensions as an existing structure.
ii. A required minimum setback may be reduced if it would physically preclude the development or maintenance of two dwelling units on a lot, or physically preclude any new primary dwelling unit from being 800 square feet in floor area, but must comply with building codes.
iii. Permitted Projections Into Required Yards. The following architectural features may project into any required setback a maximum of two feet:
cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and similar architectural projections with no floor area, including, but not limited to, windows and pilasters.
Architectural projections must comply with distance separation from building walls or property lines as required by building codes.
3. Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private open space of 200 square feet. The private open space area shall be open and unobstructed from the ground to the sky. The private open space may be located within the interior side or rear setback areas.
4. Landscaping. All setback areas and all areas not designated for walkways, parking, drive aisles, and private recreation areas shall be fully landscaped and irrigated.
Each development shall comply with CMC Chapter 17.22.170 Water-Efficient Landscape Regulations.
5. Perimeter Block Walls. Each development shall provide a perimeter wall with a maximum height of six feet, measured from the finished grade next to the wall, including any retaining wall portion, up to the top of the wall. Perimeter block walls shall comply with the following requirements:
a. All perimeter walls shall comply with the requirements in CMC 17.22.160 Walls, Fences, and Screening.
b. The property owner shall work with the adjoining property owners to design and construct the perimeter block walls to avoid double walls. If the property owner cannot obtain approval from the adjoining property owners, the property owner shall construct the new wall with a decorative cap to be placed between the new and the existing wall.
c. Perimeter and privacy walls shall be decorative with stucco finish, slump stone or split-face block, or a combination of said materials. d. Perimeter walls within the 25-foot front yard setback area shall not exceed three feet in height from the finished surface.
6. Off-Street Parking.
a. Required Parking. Provide one off-street parking space for each new primary dwelling unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either (A) a highquality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, including Covina Metrolink Station, or (B) a major transit stop as defined in Section 21064.3 of the California Public Resources Code, including Foothill Transit Center. ii. The lot is located within one block of a car-share vehicle location. b. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone. c. Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking.
Open parking spaces may be located within the side or rear setbacks. d. All required parking spaces shall be nine feet in width and 19 feet in depth, unobstructed.
e. Each enclosed garage must maintain minimum interior parking dimensions of nine feet wide by 19 feet deep, unobstructed. Storage cabinets or mechanical equipment, including but not limited to water heaters, utility sinks, washers and dryers, solar power batteries, or similar equipment, shall not encroach into the required parking area.
7. Unit Design Standards.
a. If the lot contains an existing primary dwelling that was legally established prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional primary dwelling unit must match the existing
primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the roof’s dominant feature. b. If two new primary dwelling units are to be developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. c. Each new primary dwelling unit shall have the main entry clearly defined, and to the extent possible, shall orient directly toward the street(s) to provide consistency with the neighborhood. Provide a covered entry to the dwelling unit with a minimum depth of three feet. Each covered entry shall be proportionate to the building and incorporate architectural features consistent with the overall building design.
8. Laundry Facilities. Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area.
9. Water Heaters. Each new primary dwelling unit shall have a separate hot water facility. No exterior water heater enclosures shall be permitted.
10. Mechanical Equipment, Metering Devices. Roof-mounted mechanical equipment is not permitted. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan and, to the extent possible, be placed outside the required front setback area. If mechanical equipment or metering devices are located between a structure and the property line, provide an unobstructed three-foot-wide path.
11. Access and Circulation.
a. Provide adequate on-site vehicular access, circulation, back-up, and turnaround areas that comply with applicable City standards. b. The minimum street frontage for a flag lot is 20 feet. If the lot depth of the new parcel in the rear (flag lot) is more than 150 feet, the minimum street frontage must be 25 feet.
c. Driveways shall maintain a minimum width of 20 feet unless a wider width is required for emergency access.
d. Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles must be provided. The Los Angeles County Fire Department must confirm that all applicable fire and emergency access requirements are met before the City will approve an application.
12. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and nonrecyclable solid waste (“trash containers”) and shall be stored within designated storage areas only.
13. Utilities.
a. Each primary dwelling unit on a lot must have its direct utility connection to the utility/public service provider. However, all new utilities must be undergrounded.
b. The property owner/applicant must obtain all necessary and required easements for providing electricity, gas, water, sewer, and other utility or public service to the lot before issuing any permits for any dwelling unit, in compliance with subsections (J), (K) and (L) of this section.
c. Submitted plans shall show the location and dimension of all proposed aboveground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements.
14. Building and Safety. All structures built on the lot must comply with current local building standards.
15. Grading. Grading, filling, excavating and construction activities must comply with health and safety requirements of California Building and Grading Standards. The maximum encroachment into any four to one (4:1) or greater slopes shall not exceed a distance of six feet.
16. Drainage and Stormwater Management. Each lot will drain to the street or an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to City-maintained storm drains within the City right-ofway shall comply with applicable City standards. SB 9 two-unit residential developments and the development on lots created through an urban lot split are subject to Chapter 8.50 CMC (“Storm Water Quality and Urban Runoff Control”).
They must comply with all applicable, related rules, requirements, and standards, including, but not limited to, the preparation and implementation of a water quality management plan that meets applicable requirements.
17. Exceptions to Objective Standards.
a. The chief planning official shall approve an exception to any of the standards specified in this section or any applicable objective zoning, subdivision, or design standards upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area to the extent necessary to allow the development of two primary residential units (800 square feet each) on a lot according to this section. The City prioritizes certain development standards over others, as outlined in the priority below. In applying the exceptions required by this section, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two 800-square-foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied. The City prioritizes the following
standards in the following descending order of priority, with the first development standard listed having the highest priority:
i. Lot width;
ii. Building height;
iii. Front setback;
iv. Maximum front setback coverage (50 percent);
v. Open space (200 square feet);
vi. Lot coverage (50 percent).
b. The following standards and requirements of this section will not be waived or modified:
i. Building code requirements;
ii. Federal requirements; and
iii. Other standards imposed by State law, including but not limited to SB 9. c. As part of its application, the applicant shall provide a written explanation that (i) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (ii) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at least 800 square feet in floor area, and (iii) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection.
J. Additional Requirements for Urban Lot Splits.
1. Approval. An application for a parcel map for an urban lot split is approved or denied ministerially, by the chief planning official, without discretionary review.
2. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing provisions in the CMC, except as otherwise provided in this section. Notwithstanding the foregoing, no dedication of rights-of-way or construction of off-site improvements is required solely for an urban lot split.
3. Lot Size and Lot Area. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area; provided that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots must be at least 1,200 square feet. Lot area must comply with the definition contained in CMC Chapter
17.28 Glossary.
4. Easements.
a. The owner must enter into an easement agreement with each utility/publicservice provider to establish easements sufficient for providing public services
and facilities to each of the lots resulting from the urban lot split (“resulting lots”).
b. Each easement must be shown on the tentative parcel map and the final parcel map.
c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final parcel is approved and recorded with the office of the county recorder.
5. Lot Access.
a. Each resulting lot must adjoin the public right-of-way. b. Each resulting lot must have frontage on the public right-of-way of at least 20 feet. If the resulting lot has a lot depth of more than 150 feet, the street frontage shall increase to 25 feet.
6. Improvements Required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the City, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the City’s approval of such related improvement plans and all related entitlements or other approvals required by this code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the City in accordance with the applicable requirements of this code.
7. Required Affidavit. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the applicant for a parcel map for an urban lot split must sign an affidavit provided by the City stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the final parcel map for the urban lot split is approved.
K. Compliance with Emergency Access and Service Requirements. Development of a lot pursuant to this section must conform and comply with all applicable provisions of the fire code and applicable requirements promulgated by the Los Angeles County Fire Department intended to ensure sufficient emergency access is provided or maintained.
Prior to submitting a complete application for an SB 9 two-unit residential development or an urban lot split, the applicant shall obtain and provide the City with written confirmation from the Los Angeles County Fire Department that the proposed development complies with all such requirements.
L. Deed Restriction. Prior to approval of a parcel map for an urban lot split or the issuance of a building permit, whichever comes first, for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar
deed restriction (“deed restriction”) recorded against the property, which is in a form prepared by and acceptable to the Director, and that does each of the following:
1. Rental Terms. Expressly requires that the rental of any dwelling unit on the property shall be for a term longer than 30 consecutive days.
2. Expressly prohibits any nonresidential use of the lot.
3. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.
4. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.
5. Expressly prohibits condominium airspace divisions and common interest developments on the property.
6. States that the property was formed and developed according to the provisions of SB 9 and this section and is therefore subject to the City regulations outlined in this section, including all applicable limits on dwelling size and development.
7. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.
8. Expressly prohibits any subsequent urban lot split for lots that were previously created by an urban lot split under SB 9.
9. States (a) that the deed restriction is for the benefit of and is enforceable by the City; (b) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (c) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (d) that, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys’ fees and court costs; and (e) that the deed restriction may not be modified or terminated without the prior written consent of the Chief Planning Official.
M. Fees. Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the City.
N. Objective Standard Conditions. The Director is authorized to promulgate objective standard conditions implementing this section, which are consistent with applicable provisions of CMC and State law, that shall apply to the application and development of two- unit developments and urban lot splits, and to publish such standard conditions on the city’s internet website. Applicants must comply with all objective standard conditions duly promulgated by the chief planning official and published on the City’s internet website.
O. Expiration of Approval. The approval of an SB 9 two-unit residential development shall become null and void if construction is not commenced within two years of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire.
17.18.070 Supportive and Transitional Housing.
A. Purpose. The purpose of this Section is to establish provisions for the review of supportive and transitional housing. The provisions of this chapter shall allow all proposed supportive and transitional housing to be a use by right in zones where multifamily and mixed uses are permitted, including non-residential zones that permit multifamily uses.
B. Supportive and Transitional Housing. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to the restrictions that apply to other residential uses of the same type within the same zoning district.
C. Supportive Housing, Up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zoning districts where multi-family and mixed-use residential developments are permitted, provided the development satisfies all of the following requirements:
1. All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.
2. One hundred percent of the units within the development, excluding managers' units, are dedicated to lower-income households and receive public funding to ensure the housing remains affordable for lower-income Californians. For purposes of this paragraph, “lower-income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
3. At least twenty-five percent (25%) of the units in the development, or 12 units, whichever is greater, are restricted to residents in supportive housing who meet the target population criteria. If the development consists of fewer than 12 units, then one-hundred percent (100%) of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
4. The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.
5. Non-residential floor area shall be used for on-site supportive services in the following amounts:
a. For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.
b. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be reserved for on-site supportive services limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
6. The developer replaces any dwelling units on the site of the supportive housing development in accordance with paragraph (3) of subdivision (c) of Section 65915.