7. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, with a minimum of a stovetop, sink, and refrigerator.
8. Parking. Parking stall requirements shall be one-half (0.5) per unit and one (1) for on-site management/staff. No Parking shall be required within one-half mile of a public transit stop.
D. Transitional Housing. Transitional housing development shall be permitted by right in all zoning districts where multiple-family and mixed-use residential developments are permitted. Transitional housing refers to buildings configured as rental housing developments and operated under program requirements that call for the termination of assistance and the recirculation of the assisted unit to another eligible program recipient.
Transitional housing programs are typically structured to provide residency for a minimum of 30 days and a maximum of 24 months, with the goal of moving participants into permanent housing. Transitional housing must provide supportive services, including, but not limited to, developing life skills, securing employment, and addressing underlying barriers to permanent housing. Operational standards include intake processing, establishing program rules, and mandated discharge planning.
E. Application Review.
1. The Planning Division shall notify the project applicant whether the application is complete within thirty (30) days of receipt of an application.
2. After the application is deemed complete, the Planning Division shall complete its review of the application within sixty (60) days for projects with fifty (50) or fewer units and within one hundred and twenty (120) days for projects with fifty-one (51) or more units.
17.20.080 Accessory Dwelling Units and Junior Accessory Dwelling Units.
A. Intent.
This chapter is intended to implement the requirements of California Government Code Sections 66314 et seq. regarding accessory dwelling units (ADUs) and 66333 et seq. regarding junior accessory dwelling units (JADUs). In the event of a conflict between the Government Code, as it may be amended from time to time, and this chapter, the Government Code shall prevail, and the City will apply the standards established in Government Code Section 66314 et seq as applicable for the approval of ADUs. In the event of a conflict between this chapter and another provision of Covina Municipal Code (CMC), this chapter shall prevail.
B. Definitions.
The following words shall have the meanings set forth below, unless the context otherwise permits or requires:
1. “Accessory dwelling unit” or “ADU” has the same meaning ascribed in Government
Code Section 66313(a), as the same may be amended from time to time.
2. “Attached ADU” means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling and shares a common wall with the primary dwelling, including garages, storage areas, and similar spaces, or an accessory structure as ascribed in Government Code Section 66314(d)(3).
3. “Defensible space” refers to the buffer zone between a structure and natural, landscaped, or wildland areas around the structure.
4. “Detached ADU” means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling.
5. “Existing structure” means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law.
6. “Junior accessory dwelling unit” or “JADU” has the same meaning ascribed in Government Code Section 66313(d), as the same may be amended from time to time.
7. “Primary dwelling” means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU can be located.
8. “Public transit” has the same meaning ascribed in Government Code Section 66313(m), as the same may be amended from time to time.
9. “Livable space” has the same meaning ascribed in Government Code Section 66313(e), as the same may be amended from time to time.
10. “Living area” has the same meaning ascribed in Government Code Section 66313(f), as the same may be amended from time to time.
11. “Tandem parking” has the same meaning ascribed in Government Code Section 66313(n), as the same may be amended from time to time.
C. Application and Approval Process.
1. An application for an ADU or a JADU shall be considered ministerial, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, without discretionary review or a hearing, within 60 calendar days after receiving a complete application.
a. The City shall determine whether an application for an ADU or a JADU is complete and provide a written notice of this determination to the applicant within 15 business days after receipt of the application. If the application is incomplete, the City will provide the applicant with a written list of any incomplete items and a description of how the application can be made complete. After receiving notice that an application is incomplete, the applicant may cure the application and address any items deemed to be incomplete by the City. The City shall not require the cured application to include an item that was not listed in the list of incomplete items provided to the applicant. This application and any subsequent applications will be subject to the same 15 business day deadline mentioned above, if the
application is deemed incomplete. Any application or resubmitted application shall be deemed complete if the City does not make a timely determination that an application is complete, incomplete, or fails to provide a timely written notice of incomplete items. If a permit application is determined to be incomplete, the applicant may appeal such decision in accordance with the procedures set forth in CMC Chapter 17.02, except that a final written determination shall be provided by the City by not later than 60 business days after receipt of the applicant's written appeal.
b. The City shall either approve or deny the application to create an ADU or JADU within 60 calendar days after receiving a complete application, if there is an existing single-family or multi-family dwelling on the lot. If the permit application for an ADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay approving or denying the permit application for the ADU until the City approves or denies the permit application to create the new single-family or multifamily dwelling. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
2. If an ADU is proposed as part of a newly proposed accessory structure, the application for the ADU may be considered separately from and after the application for the accessory structure.
3. The lot shall contain an existing or proposed primary unit at the time an application for the ADU or JADU.
D. Ministerial Building Permit Process and Planning Process.
1. Ministerial building permit process. The Director shall approve an application for the following ADUs and JADUs in a streamlined building permit only process, so long as the proposed ADU complies with the requirements set forth below:
a. ADUs and JADUs on Single-Family Lots. One ADU and one JADU shall be permitted on any one lot. The ADU or JADU within the space of an existing or proposed single-family dwelling, or a detached ADU in an existing accessory structure, may include an expansion of up to 150 square feet for ingress and egress.
The following are possible combinations of ADUs:
i. Attached ADU by conversion of space within an existing or proposed primary dwelling; or
ii. New detached ADU; or
iii. Convert an existing detached garage or an existing detached accessory structure to an ADU; or
iv. Convert existing detached guest house to ADU; or
v. New detached ADU and maintain the existing detached guest house; and vi. Attached JADU by conversion of space within an existing or proposed primary dwelling, or existing attached garage.
b. Detached ADUs on Single-Family Lots. A detached ADU must have a minimum of 4 feet of rear and side yard setbacks, maintain the front yard setback requirement
of the underlying zoning district, have a maximum of 800 square feet of interior livable space, and a maximum height of 16 feet. If the lot is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, the ADU may not exceed a height of 18 feet. The two additional feet in height are reserved to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit, if applicable. An ADU allowed under this subparagraph may be combined with a JADU per CMC 17.20.080.
c. ADUs in Multifamily Buildings. ADUs may be created within existing or proposed multi-family dwellings in Multiple-Family and Mixed Use Zones. The following are possible combinations of ADUs:
i. Existing multi-family dwellings. Up to 8 detached ADUs are permitted on a lot, not to exceed the number of existing units, whichever is less; and ii. Conversion of non-habitable space (storage rooms, boiler rooms, attics, passageways, basements, or garages) within existing multi-family dwellings.
Each unit must comply with building standards. The number of ADUs allowed is equal to 25 percent of the number of existing units, or one accessory unit, whichever is greater.
iii. Proposed multi-family dwellings: maximum 2 detached ADUs. d. Detached ADUs on Multifamily Lots. The ADUs are subject to a 16-foot height limit, unless the lot is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, in which case the ADU may not exceed 18 feet, with an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit, if applicable. The ADUs must maintain at least a 4-foot rear and side yard setback. However, if the existing multifamily dwelling has a rear or side setback of less than 4 feet, the City shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph.
e. JADUs shall be reviewed through a ministerial building permit only process and shall be subject only to the standards in CMC 17.20.080. f. A rental of the ADUs or JADUs shall be for a term longer than 30 consecutive days. g. As part of the application for a permit to create an ADU connected to an onsite wastewater treatment system, the application must include a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
2. Ministerial planning process. For an ADU that does not qualify for the approvals under CMC Section 17.20.080-D, the City shall require a ministerial planning ADU review provided it complies with the applicable standards set forth in CMC Section
17.20.080.
E. Accessory Dwelling Unit Development Standards for the Ministerial Planning Process.
1. Number of Units Allowed. No more than one ADU and one JADU shall be permitted on any one lot. Refer to CMC Section 17.20.080 D for possible combinations of ADUs.
2. Floor Area and Unit Size.
Table 17.20.080-1 ADU and JADU Floor Area
Residential Zones R-1-7500
R-1-8500
R-1-10000
R-1-20000
E-1/2 Acre
E-1 Acre
Floor area/unit size in
square feet (SF)
1. Efficiency unit 150 SF 150 SF
2. Detached ADU 1,000 SF 1,200 SF
3. Attached ADU 50% of primary dwelling up
to a maximum of 1,000 SF;
a. 850 SF for studio or 1-
bedroom;
b. 1,000 SF for 2 or more
bedrooms
50% of primary dwelling up
to a maximum of 1,200 SF;
a. 850 SF for studio or 1-
bedroom;
b. 1,200 SF for 2 or more
bedrooms
3. Lot Coverage. If the detached ADU is more than 800 square feet, the lot coverage, floor area ratio, and open space requirements for the underlying zone shall apply.
4. Attached ADU shall have a separate exterior entrance.
5. A parcel with an existing guest house may continue to maintain it or build a new one.
6. Parking Standards.
a. Off-street parking shall be permitted in front, side, and rear yard setback areas or through tandem parking. The parking does not need to be covered or in an enclosed garage.
b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or when such a structure is converted into an ADU, any off-street parking required for the primary residence that is lost shall not be required to be replaced.
c. In addition to the required parking for the primary unit, one off-street parking space shall be provided on the same lot that the ADU is located. However, an off-street parking space is not required if:
i. The ADU is located within one-half mile, measured in walking distance, of public transit, including bus stops;
ii. The ADU is located within an architecturally and historically significant historic district;
iii. The ADU is part of the proposed or existing primary residence or an existing accessory structure;
iv. On-street parking permits are required but not offered to the occupant of the ADU; or
v. When there is a designated parking space for a car share vehicle located within one block of the ADU; or
vi. A permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot.
7. Setback and Building Separation Requirements.
a. The ADU shall be subject to the same minimum front yard setback as the main dwelling unit. However, a 10-foot front yard setback shall be required only when the front yard is the sole feasible location for the ADU, such as when the rear yard is not buildable due to site constraints, easements, or other limitations.
In such cases, the ADU shall be limited to a maximum floor area of 800 square feet and a maximum height of 16 feet.
b. No setback is required for an ADU or JADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit.
c. A detached two-story ADU, a second-story ADU above a garage, the addition of a second-story ADU to an existing single-story residence, and the addition of an attached two-story ADU to the primary residence, or any combination thereof shall be permitted within the primary residence “buildable area,” as determined under Chapters 17.14 and 17.26.
d. Side yard and rear yard setbacks of no more than 4 feet from the side and rear lot lines shall be required for an attached or detached ADU, one-story or two-story. e. Building separation must maintain 6 feet as measured from building eaves to building eaves.
8. Building Height Requirements.
a. The maximum height for a detached ADU is 16 feet if it is located on a lot with an existing or proposed single-family home or multifamily dwelling unit. b. If the detached ADU is on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, the maximum height is 18 feet. An additional two feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that matches the roof pitch of the primary dwelling unit. c. If the ADU is attached to a primary dwelling, its height is limited to 25 feet or to the height limitation in the underlying zone that applies to the primary dwelling, whichever is lower. In no case shall an accessory dwelling unit exceed two stories.
9. Subdivision, Ownership and Rental Requirements.
a. The ADU may not be sold or conveyed separately from the primary dwelling, unless the specific criteria contained in Government Code Sections 66340 and 66341 are complied with.
b. The ADU and JADU shall not be rented for a period less than 30 consecutive days.
10. Building Code and Safety Requirements.
a. Except as otherwise required herein, all construction, structural alterations or additions made to create an ADU shall comply with current development standards and building, electrical, fire and plumbing codes outlined in the California Building Code and the California Residential Code. This includes a requirement that all ADUs shall comply with the grading standards and permit processes and requirements for development on slopes.
b. Fire sprinklers are not required for ADUs if they are not required for the primary residence. The construction of an ADU will not trigger a requirement to install fire sprinklers in the existing primary dwelling.
11. Sewer, Water, and Wastewater Requirements.
a. If the ADU will be connected to an on-site wastewater treatment system, the City shall obtain approval from the Regional Water Quality Control Board and may require a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years prior to permit issuance. b. ADU lots not served by a public sanitary sewer system shall obtain approval from the Los Angeles County Department of Public Health and other applicable agencies for a private sewage disposal system prior to permit issuance.
12. A Detached ADU sited within four to one or greater slopes, whether the site is an upslope or downslope, shall meet the following requirements:
a. May encroach into the four-to-one or greater slopes by a maximum distance of six feet.
b. Require planning review and Los Angeles County Fire Department review. c. Provide a minimum 10-foot fire defensive zone around the ADU. d. Comply with the California Building Code and California Residential Code as they apply to wildland-urban interface fire areas; roof material shall be tiles, slate, or imitation thereof. If the roof material for the main house is composition shingles, the detached ADU may use the same material. If composition shingles are used, 40- year or higher grade architectural dimension shingles shall be used.
13. Grading and Drainage Requirements.
a. Grading, filling, excavating, and construction activities must comply with the health and safety requirements of the California Building and Grading Standards. b. Finished ground surfaces and slopes within five feet of the ADU shall slope away at a minimum of five percent. Exterior hard surfaces, drainage swales, and drainage
pipes shall have a minimum slope of one percent away from the ADU. Lot grading shall prevent storm flows from reaching neighboring properties. c. Detached ADUs over 500 square feet must submit a drainage plan showing:
i. existing and proposed topography of the property;
ii. existing and proposed drainage system consisting of swales, pipes, catch basins, inlets, outlets; and
iii. historic drainage patterns that demonstrate it has not altered in a manner to cause drainage problems to neighboring properties.
14. Design.
a. The colors, exterior finishes, and roof pitch of the ADU shall match the primary dwelling. The roof slope of the ADU must match that of the dominant roof slope of the primary dwelling, which is the slope covering the largest portion of the roof. b. If the applicant seeks to build an ADU in a garage, and such ADU requires an expansion of more than 150 square feet, the garage door shall be removed, and the opening shall be treated and finished using the same color and materials as the primary residence.
c. All windows shall have exterior trims and sills. Exterior window treatments that face the front and side facades of the ADU must include at least one of the following: shutters, awnings, window shades, or a bay window. d. Each ADU shall provide a covered porch entry with a minimum floor area of 60 square feet. The porch shall include a railing along any open side constructed of wood, metal, or composite material. The porch shall also include at least one permanently affixed light at the entryway.
e. In cases where the proposed ADU is on a corner lot or reverse corner lot, the entry to an ADU shall face the public right-of-way.
F. Fees for Accessory Dwelling Units.
1. Utility Connection Fees and Capacity Charges. No new or separate utility connection fee or capacity charge shall be required for an ADU or a JADU within an existing single-family dwelling or accessory structure approved with only a building permit. However, the City may charge connection fees and capacity charges for an ADU constructed in conjunction with a new single-family dwelling or for a newly constructed ADU that is not a conversion of existing space.
2. Impact Fees. Impact fees shall not apply to an ADU with less than 750 square feet of interior livable space or to a JADU with 500 square feet or less of interior livable space. For ADUs larger than 750 square feet of interior livable space, impact fees shall be charged in proportion to the square footage of the primary dwelling unit.
For example, if a primary dwelling has 1,600 square feet of interior livable space and the proposed ADU has 800 square feet of interior livable space, the impact fee for the ADU is 50 percent of the primary unit’s fee.
G. Junior accessory dwelling units.
1. Purpose. These provisions are adopted pursuant to California Government Code Section 66333 et seq. to establish standards for the development of JADUs that maintain the integrity of single-family neighborhoods, prevent adverse impacts, and expand housing opportunities consistent with State law.
2. Application and Fees.
a. As stated in CMC 17.20.080 C, an application for a building permit to create a JADU shall be considered ministerially, without discretionary review or a public hearing, and approved within 60 days of receipt of a complete application, provided the JADU meets all of the standards listed below.
b. The lot shall contain an existing primary unit, or a JADU may be submitted concurrently with the application for the primary unit. A JADU shall be constructed within the walls of the proposed or existing single-family residence. c. No more than one JADU shall be permitted on any one residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
d. The minimum floor area of a JADU, including an efficiency unit, shall be 150 square feet of interior livable space. The maximum interior livable space for a JADU shall be 500 square feet and must be contained entirely within a singlefamily residence. e. A JADU may include separate sanitation facilities or share sanitation facilities with an existing or proposed single-family dwelling. If the JADU shares sanitation facilities with the existing structure, there must be owner-occupancy in the singlefamily residence where the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owneroccupancy shall not be required if the JADU has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization. f. A JADU shall include an efficiency kitchen, which shall include all of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
3. Prior to issuance of a building permit, the owner shall enter into a restrictive covenant with the City regarding such owner-occupancy on a form prepared by the City, which shall be recorded against the property. Such covenant also shall provide that the JADU shall not be sold or title thereto transferred separate from that of the property, and the JADU shall not be leased for a period of less than 30 consecutive days. If the owner ceases to reside on the property, use of the JADU shall be discontinued and the unit converted into a portion of the primary unit.
4. A JADU shall have a separate exterior entrance from the primary single-family residence.
5. No parking requirements shall be imposed on the JADU.
6. All construction or structural alterations made to create the JADU shall comply with current development standards and building, electrical, fire, and plumbing codes.
7. Fire sprinklers are not required for a JADU if they are not required for the primary residence. The construction of a JADU shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
G. Legalizing ADUs constructed prior to 2020.
1. Purpose. State law authorizes jurisdictions to legalize pre-existing ADUs that were constructed prior to January 1, 2020, without all required permits, provided the units meet minimum health and safety standards. The purpose of this section is to establish an ADU Legalization Program that allows owners of ADUs constructed prior to January 1, 2020, to obtain legal status for such units unless they pose a threat to life, health, or safety.
a. Eligibility for Unpermitted ADUs Constructed before 2020. The City shall not deny a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, due to either of the following:
i. The ADU or JADU is in violation of applicable building standards. ii. The ADU or JADU does not comply with State ADU law or this Chapter
17.20.080.
b. Exceptions. Notwithstanding paragraph a, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020 if the City makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the California Health and Safety Code.
2. Process for Legalization.
a. The property owner shall submit an ADU Legalization Application to the Planning Department, including evidence that the ADU qualifies as a Pre-2020 ADU. b. The Building Official shall conduct a health and safety inspection of the unit and determine any corrections that need to be made.
c. If the inspection identifies unsafe conditions, the owner shall correct them within a reasonable timeframe specified by the Building Official. d. Upon determining that no unsafe conditions exist, or that such conditions have been corrected, the Building Official shall issue a Certificate of Legalization for the ADU.
1 FINAL DRAFT (JUNE 2026)
Chapter 17.22 General Development Standards
17.22.010 Accessory Structures
17.22.020 Conversion of Residential Building
17.22.030 Congestion Demand Management/Transportation Demand Management
17.22.040 Equipment and Trash Enclosure Screening
17.22.050 Historic Preservation
17.22.060 Landscaping Requirements
17.22.070 Measurements
17.22.080 Outdoor storage
17.22.090 Parking and Loading
17.22.100 Performance Standards
17.22.110 Property Maintenance
17.22.120 Public Improvement Standards
17.22.130 Street Naming and Addressing
17.22.140 Synthetic (Artificial) turf
17.22.150 Tree Preservation
17.22.160 Walls, Fences, and Screening
17.22.170 Water-Efficient Landscape Regulations
17.22.010 Accessory Structures.
A. Purpose and applicability.
This section establishes development standards for accessory structures on private properties and shall be in addition to any other development standards contained elsewhere in the zoning code. In the event of a conflict between the provisions of this section and other provisions of this title, the stricter regulations shall control.
B. Definitions.
“Accessory structures” means sheds, patio covers, arbors, gazebos, cabanas, greenhouses, pergolas, guesthouses, sunrooms, pool-houses, decks, tennis, pickleball, or basketball courts, porte cochere, garage, and similar structures that are related and subordinate to the primary dwelling use on the lot. Accessory structures may be attached to or detached from the main dwelling. Except for guesthouses, accessory structures shall be used solely for recreational and outdoor living purposes. Patio covers shall not be used as carports, garages, storage rooms, or habitable rooms. Accessory Dwelling Units (ADUs) are not considered as accessory structures and are regulated under CMC Chapter 17.20.080. “Decks or patios” means a detached porch, platform, or landing that is generally constructed with wood, concrete, or stone and is no more than 30 inches above the finished floor of the primary dwelling.
2 “Guesthouse” as defined under CMC Chapter 17.28.
“Greenhouse” means a building or structure constructed primarily of glass, glass-like or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants, and is included in the calculation of the lot coverage. “Patio enclosures” means providing a closed cover for three sides of a patio with walls and windows. A patio enclosure is a habitable room addition to the primary dwelling. “Porte cochere” means an accessory structure open on three sides and attached to the side or front of a building through which cars pass, and is established for the convenient loading and unloading of passengers from an automobile. A porte cochere is not a carport or garage. “Sunroom” means a building or structure constructed primarily of glass, glass-like, or translucent material, used only for recreational and outdoor living purposes, and not as a habitable room (such as for sleeping, or cooking).
C. Exempt structures. The following accessory structures are exempt from the planning permit requirement, provided they comply with the listed requirements. Exempt accessory structures may still require building permits under the California Building Code adopted by the city. See Table 17.22.010-1, Development Standards for Accessory Structures, for additional standards.
1. Water features. A detached structure used for decorative or landscape purposes, such as a fountain, water wall, bird bath, and similar features.
2. Play equipment for recreational purposes, including but not limited to children's play structures, tree houses, jungle gyms, etc.
3. Outdoor entertainment features, such as but not limited to built-in barbecues or fire pits.
4. Ground-mounted equipment. Pool equipment, generators, and air conditioning units must be screened with noise-reducing materials.
5. Portable storage sheds. The structure is freestanding and movable, with no permanent foundation, plumbing, or electrical installation. The structure is under 120 square feet in area and under 8 feet high. Each parcel/lot shall not contain more than 2 storage sheds.
6. Trellis-arch feature. Allow one decorative and landscape trellis-arch feature up to a maximum height of 8 feet within the required front yard. There is no limit on trellisarches in the rear and side yards, but they must comply with the required setback.
D. Permit requirements for accessory structures.
Accessory structures located in single-family residential zones require zoning clearance as outlined in CMC Chapter 17.04.040 Site Plan Review. Accessory structures located in multi-family, mixed-use, and non-residential zones require Minor Site Plan review as outlined in CMC Chapter 17.04.040.
E. The following Table 17.22.010-1 establishes the development standards for accessory structures in single-family residential zones.
3 Table 17.22.010-1 Development Standards for Accessory Structures Accessory
structures
Front yard
setback (1)
Rear yard
setback (1)
Interior side
yard setback
(1)
Street side
yard setback
(1)
Distance
from main
dwelling
Rear yard
coverage
(%)
Height
Detached
accessory
structures (2)
Not
permitted
5 ft Maintain
setback per
Residential
zones
12.5 ft 6 ft 35% of
required
yard area
16 ft
Attached
accessory
structures (2)
Not
permitted
Maintain
setback per
Residential
zones
Maintain
setback per
Residential
zones
Maintain
setback per
Residential
zones
NA 35% of
required
yard area
16 ft
Water
features
5 ft 5 ft 5 ft 12.5 ft NA Not
included
6 ft
Pool and spas Not
permitted
5 ft 5 ft 12.5 ft 6 ft Not
included
NA
Pool
accessories
Not
permitted
12.5 ft 6 ft Not
included
8 ft
Pool
equipment
Not
permitted
5 ft 5 ft 12.5 ft 6 ft Not
included
NA
Play
equipment
5 ft and no
more than 6
ft high
5 ft 5 ft 12.5 ft NA Not
included
NA
Deck/patio
under 30
inches (2)
Project 6
feet into
yard or
setback 19
ft
5 ft 3 ft 12.5 ft NA Not
included
30 inches
outdoor
entertainment
features
Not
permitted
5 ft 5 ft 12.5 ft NA Not
included
NA
Storage shed
(less than 120
sq. ft.
Not
permitted
3 ft 3 ft 12.5 ft NA Not
included
8 ft
Storage shed
120 sq ft or
more
Not
permitted
5 ft 5 ft 12.5 ft NA 30% of
required
yard area
16 ft
4 Notes:
1. Setback is measured from the property line.
2. Accessory structures, decks, and patios as defined in CMC Section 17.22.010B
3. Measuring distance from primary structure to accessory structure shall be done from eaves to eaves.
1. Building/Lot coverage. Accessory structures shall not occupy more than 35 percent of the required rear yard setback area. Covered patios, trellis structures, and similar accessory structures are included in the calculation of the total lot coverage.
2. Guesthouses as defined in CMC Chapter 17.28. A guesthouse shall not exceed a gross floor area of 600 square feet and contain no more than 2 bedrooms.
3. Exterior stairs attach to the main dwelling. Exterior stairs may project a maximum of 48 inches, including railings, into the required yards. The exterior stairs must maintain a minimum distance of 3 feet from the interior side and rear property lines and 12.5 feet from the street-side property line.
4. Second-story decks and balconies may project into the required rear yard a maximum distance of 5 feet and a maximum length of 10 feet. Second-story decks and balconies must meet the interior and street-side yards setback requirements of the underlying residential zones. Second-story decks or balconies with roofs are included in the total lot coverage.
17.22.020 Conversion of Residential Building.
A. Purpose.
This chapter sets development standards for converting residential buildings in commercial or industrial zones to nonresidential use. It ensures compatibility with the surrounding neighborhood, protects the welfare of property owners, residents, and Covina's citizens, and regulates building and site design, materials, landscaping, color, and maintenance.
B. Applicability.
Any existing residential use or structure on a commercially or industrially zoned property must not be converted, altered, or remodeled to a commercial or industrial use without first obtaining the approval of the required Site Plan Review application as described in CMC Chapter 17.04, and other planning applications as required by the commercial or industrial zones.
C. Applications and Submittal Requirements
Submit applications, fees, and required materials to the Planning Division using the format or checklists provided by the director.
D. Review Requirements.
All developments regulated by this chapter shall be reviewed and approved by the review authority.
1. Proposed conversions must comply with all applicable provisions of this title.
5 2. Site and Design Standards. Arrange all site improvements, including building placement, setbacks, height, grading, landscaping, walls, and service areas, to prevent traffic congestion and ensure pedestrian and vehicular safety. Design vehicular access and circulation appropriately. Parking is not allowed in front yards or between buildings and the front property line.
3. Architectural Compatibility. Buildings must use roof elements and exterior materials compatible with adjacent development. Exterior walls must be constructed of wood, tile, or masonry; plaster or stucco is allowed only when combined with these materials.
The structure’s architectural character should reflect harmony, proportion, and quality materials, and use colors consistent with existing and planned neighborhood improvements.
4. Integrate landscaping to complement the design, soften architectural features, and enhance visual interest. Preserve existing landscaping or architectural features that contribute to neighborhood character whenever feasible.
5. Screening and Utilities. Screen roof-mounted equipment with materials consistent with the building’s architectural style. Provide a trash enclosure that meets City design standards. Screen outdoor mechanical equipment from public view using a permanent structure.
E. Review, Approval, and Appeal Procedures.
The review and approval process and the 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.
17.22.030 Congestion Demand Management and Transportation Demand Management.
A. Review of Development Impact on Transit Service.
1. For any development project requiring an environmental impact report, or when locally determined, the City shall notify regional and municipal fixed-route transit operators serving the project.
2. Each operator will receive a notice of preparation (or project description) and a transit impact review worksheet from the Los Angeles County Congestion Management Program manual (or equivalent). Operators may return the worksheet with comments on potential transit impacts, service or capital improvements, and recommended mitigation measures.
3. The City shall evaluate these comments in the draft environmental review, adopt feasible mitigation measures, and monitor implementation consistent with CEQA requirements.
B. Traffic Impact Analyses.
1. Applicants for projects requiring an environmental impact report shall submit a Congestion Management Program (CMP) network traffic impact analysis, unless
6 exempt under the Los Angeles County CMP or subsection G of this section. The City may also require a local traffic impact analysis. Analyses must follow the methodology in the current CMP manual, identify project-generated impacts, and propose mitigation measures and costs. All analyses require City approval.
2. The City reserves the right to determine the definition of “significant impact” on intersections and roadway segments and may adopt stricter definitions of “significant impact” than those in the CMP manual.
C. Transportation Demand Management Requirements for Nonresidential Development with a Floor Area of 25,000 Square Feet or More.
The items listed in this section shall be provided to the satisfaction of the City. One or more bulletin boards, or a display case or kiosk displaying transportation information.
Information displayed shall include the following:
1. Current maps, routes, and schedules of public transit lines serving the site.
2. Telephone numbers for transportation information, including numbers for the regional ride-sharing agency and local transit operators.
3. Ridesharing informational material supplied by commuter-oriented organizations.
4. Bicycle route and facility information, including regional and local bicycle maps and bicycle safety information.
5. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders, and pedestrians at the site.
D. Transportation Demand Management Requirements for Nonresidential Developments With a Floor Area of 50,000 Square Feet or More.
The items listed in subsection C of this section, together with those listed here in this section, shall be provided to the satisfaction of the City.
1. At least 10% of employee parking spaces shall be reserved for carpool and vanpool use, located near worksite entrances without displacing handicapped or customer parking. These spaces must be shown on the development site plan. A minimum of one space is required for projects with 50,000–100,000 square feet of floor area, and two spaces for projects over 100,000 square feet, with additional spaces added as demand warrants. Procedures for reserving these spaces must be posted on the transportation information board.
2. Vanpool vans must be able to reach and park in the spaces reserved for them. Parking spaces and turning radii must be large enough to accommodate the vans. If the reserved parking is in a structure, passages and spaces to be used by the vans must have vertical clearances of at least 86 inches.
3. Bicycle racks or other bicycle parking shall be provided as stated in CMC 17.22.090(J).
E. Transportation Demand Management Requirements for Nonresidential Developments With a Floor Area of 100,000 Square Feet or More.
7 The items listed in subsections C and D of this section, together with those listed here in this section, shall be provided to the satisfaction of the City.
1. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.
2. Sidewalks or other designated pathways follow direct and safe routes from the public sidewalk to each building in the development.
3. If determined necessary by the City to mitigate project impact, bus stop improvements shall be provided. The City will give local bus service providers an opportunity to recommend improvements. Entrances to project buildings must be located where they will offer the safest and most efficient access to nearby rail stations and bus and shuttle stops.
4. Safe and convenient access from the City street system to bicycle parking facilities on site.
F. Monitoring.
All required improvements must be completed, and all conditions satisfied, before issuance of occupancy permits, unless otherwise specified in project approvals or modified by the City. The approval authority may require a compliance monitoring program, and one is mandatory for projects subject to the Los Angeles County Congestion Management Program. Monitoring costs shall be borne by the property owner, site manager, or occupant.
Monitoring may be combined with CEQA mitigation monitoring.
G. Exemptions From Transportation Congestion Management and Transportation Demand Management Requirements.
A development project may be exempt from transportation congestion management and transportation demand management requirements if it meets the following criteria:
1. Exemption From Development Impact for Transit Service Requirement. a. Development impact for transit service requirements set forth in subsection A of this section shall not apply to projects for which a development application has been deemed complete by the City pursuant to California Government Code Section 65943, or for which a notice of preparation for a draft environmental impact report has been circulated pursuant to the provisions of the California Environmental Quality Act, or for which an application for a building permit has been received, prior to the adoption of this ordinance.
b. Phased projects, projects under a development agreement, or those needing later approvals are exempt from repeating transit consultation and evaluation, provided no significant changes occur. The lead agency retains discretion to determine if a project is substantially the same and covered by a prior EIR.
8 H. Exemption From Traffic Impact Analysis Requirement.
As specified in the Los Angeles County congestion management program manual, certain development projects are exempted from conducting a congestion management program traffic impact analysis required by subsection B of this section, as follows:
1. Traffic generated by low and very low income housing.
2. High density residential development located within one-fourth mile of a fixed rail passenger station.
3. Mixed-use development located within one-fourth mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed-use development is used for high density residential housing, as determined by the agency.
4. Phased development projects or development projects requiring subsequent approvals, which need not repeat the traffic impact analysis as long as no significant changes are made to the project.
I. Exemption From Transportation Demand Management Measures Requirement.
1. Transportation demand management measures listed under subsections C, D, and E of this section shall not apply to projects for which a development application has been deemed complete by the City pursuant to California Government Code Section 65943, or for which a notice of preparation for a draft environmental impact report has been circulated pursuant to the provisions of the California Environmental Quality Act, or for which an application for a building permit has been received, prior to the adoption of this ordinance.
2. Development projects with less than 25,000 square feet of floor area are exempt from subsections C, D, and E. For additions to existing structures, only the new floor area is subject to these sections, and only if the addition is 25,000 square feet or more.
3. The transportation demand management strategies required by subsections C through E of this section may be modified because of existing circumstances relating to the project. Requests for modifications shall be made by the developer in a form defined by the planning division. In determining whether a modification is acceptable, the following factors will be considered:
a. Problematic location or configuration of the project that would preclude use of required transportation demand management strategies;
b. Lack of specific services or facilities that would permit use of required transportation demand management strategies; or
c. Other specific factors that would make required transportation demand management strategies infeasible or ineffective.
4. A request for modification must be accompanied by a proposed transportation demand management strategy that is commensurate with the nature and trip generation characteristics of the facility. A modification will be considered by the approval authority and approved only if the proposed transportation demand management strategy is superior to the requirements of this section, as determined by the City.
9 5. Enforcement. Any violation of this chapter shall be punishable as a misdemeanor.
Violators shall be subject to punishment under Chapter 1.16, 1.20, 1.26 or 1.28 CMC.
In addition, the City may pursue civil remedies for any violation of this chapter, including but not limited to the recovery of reasonable costs for enforcement and correction of the violation.
17.22.040 Equipment and Trash Enclosure Screening.
A. Purpose and applicability.
This section sets regulations for screening mechanical and utility equipment to maintain the visual quality of buildings and the surrounding area. These standards apply to all new roof-mounted and above-ground mechanical and utility equipment. Replacing existing roof or ground-mounted equipment with new larger, or additional units beyond current quantities or sizes is also subject to these requirements.
B. Roof-Mounted Equipment.
1. Roof-mounted equipment greater than 12 inches above the roof line, except for roof exhaust vents or plumbing vents, shall be screened from public view and adjacent properties.
2. The building parapet wall must screen roof-mounted equipment and projections from public view and adjacent properties. If a separate screen wall is used, it must be architecturally integrated with the building and match the main building's materials, colors, and style.
3. Parapet or other screen walls must be at least as tall as the highest point of the equipment, ensuring no equipment is visible from the public right-of-way or adjacent properties.
C. Above-Ground-Mounted Equipment.
1. Above-ground-mounted equipment, including transformers and other electrical or mechanical devices, must be located away from street-facing setbacks and visibility clearance areas. Such equipment must be placed within a landscape planter area that accommodates both the screening enclosure and landscaping.
2. Above-ground-mounted mechanical and utility equipment must be fully screened from public view and from adjacent properties at ground level.
3. Screening may include decorative solid walls, landscaping, or architectural enclosures that match the building’s design and features.
4. Screening or architectural enclosures must use decorative and durable materials, such as split-face blocks, stucco over precision blocks, or other materials approved by the Director. If landscaping is used, it must consist of 15-gallon evergreen shrubs, planted 3 feet apart, that will reach the required height within two years.
10 D. Roof-Mounted Solar Equipment.
Rooftop solar photovoltaic panels and related equipment must have a low-profile, flushmounted design and comply with all applicable building code requirements.
E. Utility Equipment.
1. Wall-mounted utility equipment, such as electrical meters, must be housed in an enclosure that is architecturally integrated with the building design.
2. Exhaust and venting plumbing, conduits, and flues must be concealed within the building walls.
F. Trash Enclosures and Screening Standards.
1. Purpose.
To ensure trash, recycling, and waste storage areas on private property are fully contained and screened from public view, protecting the visual quality of the public realm and adjacent properties.
2. Trash (Refuse) Enclosures Required.
All private properties that generate refuse requiring outdoor storage or collection must install trash enclosures. The enclosures must be sized to accommodate the required trash, recycling, and organic waste containers.
3. Trash Enclosure Design, Screening, and Materials
a. Trash enclosure design must match the building’s architectural style, including materials, colors, and trims. At a minimum, enclosures must include a decorative roof covering, drainage facility, decorative walls such as split-face block, stucco over precision block, stacked stone veneer, or similar materials, and trash bins with counter-weighted lids.
b. In addition to meeting design requirements, construction details must comply with standards approved by the Public Works Director.
c. Trash enclosures must have solid, lockable metal gates that match the architectural style of the enclosure and site.
d. All trash, recycling, and compactor equipment must be fully screened from public streets, walkways, and adjacent properties when not being accessed for collection.
4. Location. Trash enclosures shall be placed behind the primary building frontage where feasible and must not obstruct pedestrian or vehicle circulation. Enclosures must be accessible for waste collection and must not interfere with required parking, drive aisles, fire access, or emergency routes.
5. The property owner is responsible for maintaining trash enclosures in good condition, repairing them as needed, and keeping them free of graffiti, debris, and waste outside the enclosures. Gates must be operable and kept closed when not in use.
11 G. Plans.
Detailed plans required. Submit detailed plans and cross sections to the Director to demonstrate compliance with screening requirements.
17.22.050 Historic Preservation.
A. Purpose and intent.
The purpose of this chapter is to preserve and maintain Covina’s cultural, architectural, archaeological, and historical resources as integral parts of community life. By encouraging voluntary designation and protection of such properties, the chapter seeks to enrich residents and visitors, enhance neighborhood quality, and support complementary development. Its intent is to foster civic pride, safeguard historic attractions, strengthen the local economy and property values through adaptive reuse, and promote the educational, cultural, and public use of historic resources for the community’s benefit.
B. Definitions.
For the purpose of this chapter, the following definitions shall apply:
“Alteration” means any exterior change or modification, through public or private action, to the character-defining or significant physical features of designated properties affected by this chapter. Such changes or modifications may be made to structures, fixtures, architectural details, or visual characteristics, grading or surface paving. “Archaeological site” means any location containing physical evidence of past human activity, including artifacts, features, structures, or other material remains, which provide information about the history or prehistory of a people or culture. “Certificate of economic hardship” is a certificate authorizing work described in the accompanying historic structure modification permit granted by the Planning Commission because of extreme financial impact or adversity and in accordance with the procedures and findings of this title.
“Demolition” is the act or process of dismantling, wrecking, or destroying all or part of a structure.
“Design guidelines” are principles contained in a document which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to establish standards and aid design and decision-making with regard to retaining the integrity of scale, design intent, materials, image, patterns of development, and historical character of a historic structure. These principles are provided in the “Covina Design Guidelines,” the “Downtown Design Plan and Implementation Guidelines,” and any similar guidelines which may be adopted by the Covina City Council. “Designation statement” shall mean a document prepared by the Planning Commission and approved by the City Council which contains a specific description of the designated historic landmark or structure of merit, its assessor’s parcel number(s), its site address(es), and the
12 prescriptive standards or design guidelines (the minimum being the Secretary of the Interior Standards) adopted for that resource.
“Economic hardship” shall mean a substantial burden placed by this chapter as it relates to some aspect of a historic property on the owner of the property and is unreasonable in comparison to the benefit conferred in the community.
“Fixture” is something attached as a permanent appendage, apparatus, or appliance to a structure.
“Historic landmark” shall mean any improvement, archaeological site, natural feature or property that has special historical, cultural, aesthetic, or architectural character, interest, or value as part of the development, heritage, or history of the City of Covina, the state of California, or the nation and that has been nominated and designated by the City Council with owner consent pursuant to CMC Chapter 17.22.050-E. The designation statement shall specify the significant exterior and interior elements and natural features that are expressly found by the Planning Commission to contribute to the historic landmark’s significance. Unless otherwise stated in the designation statement, the protection afforded to a historic landmark shall encompass the entire parcel and any adjoining parcels under the same ownership. “Historic structure modification certificate” is a certificate issued by the Planning Commission or Director authorizing significant exterior alteration, restoration, rehabilitation, construction, removal, relocation, or demolition, in whole or in part, of or to a designated resource. “Improvement” shall mean any building, structure, plan, fence, gate, landscaping, tree, wall, parking facility, work of art, or other object constituting a physical feature of real property or any part of such feature.
“Ordinary upkeep, maintenance, and repair” shall mean the routine care of a structure and its grounds in a fashion that discourages neglect and encourages a quality appearance and does not significantly alter the architectural character of a structure. “Owner” shall mean, in the case of nomination and designation, the majority representative’s owner or owners as established by deed or contract of the subject property or properties. The Planning Commission may rely on notarized affidavits to establish ownership; in the case of hearing notification, the person, persons or entity appearing as owner on the last equalized assessment roll of the county.
“Preservation” shall include the identification, study, protection, restoration, rehabilitation and/or acquisition of cultural resources.
“Rehabilitation” shall mean the act or process of returning an improvement or site to a condition of utilization through repair, remodeling, or alteration that makes possible an efficient, contemporary use while preserving those portions or features of the improvement or site that are significant to its historical, architectural and cultural values. “Relocation” shall mean change of the location of an improvement in its present setting, or to another setting.
“Restoration” shall mean the act or process of accurately recovering the form and details of an improvement or natural feature and its setting as it appeared at a particular period of time by means of the removal of later additions to, or by the replacement of missing, earlier portions of the feature.
13 “Secretary of the Interior Standards for Rehabilitation” shall mean the guidelines prepared by the National Park Service for rehabilitating historic buildings and the standards for historic preservation projects prepared by the National Park Service with guidelines for applying the standards.
“Structure of merit” is a building or structure which contributes to the broader understanding of the historical, archaeological, cultural, architectural, community, aesthetic, or artistic heritage of the City and which has been individually designated by the City Council pursuant to this chapter.
C. Administration.
Implementation of this chapter shall be the direct responsibility of the Planning Commission with support from the Department of Community Development, Planning Division, and any societies or organizations promoting historic preservation and any volunteer professionals with appropriate expertise selected by the Planning Commission. The Planning Commission shall establish rules of order and regular meeting requirements and procedures, which may be amended from time to time as needed.
D. Power and Duties.
The Planning Commission shall carry out activities required by City ordinances relating to the administration of this chapter and shall have the following powers and duties:
1. To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs. The program format may include lectures, tours, walks, reports or publications, films, open houses, and special events.
2. Establish and/or recommend to the City Council specific design guidelines for the alteration, construction, removal, or demolition of historical landmarks and structures of merit.
3. To review applications for permits to rehabilitate, construct, change, alter, modify, remodel, demolish, remove or significantly affect any structure over which the Planning Commission has approval authority.
4. To compile or cause to be compiled and maintained a current inventory of all designated historic landmarks and structures of merit.
5. To review and make recommendations on applications for Conditional Use Permits, Zoning Amendments, or Zoning Variances for historic landmarks and structures of merit.
6. To seek means and sources for the protection, retention and preservation of historic resources through financial support from individuals and public and private entities.
7. To recommend grants, tax incentives, and benefits to encourage redevelopment of historically significant structures or neighborhoods.
8. To encourage public participation in the nomination, review and permitting processes for historic resources.
14 9. To adopt and make available nomination, application and review procedures to designate historic landmarks or structures of merit.
10. To implement the Secretary of the Interior’s standards.
E. Historic Designation Criteria.
1. The following criteria shall be used by the Planning Commission and City Council in designating any property as a historic landmark or structure of merit:
a. It exemplifies or reflects special elements of the City’s cultural, social, economic, political, aesthetic, engineering, architectural or natural history; or b. It is identified with persons or events significant in local, state, or national history; or
c. It represents the work of a notable builder, designer, or architect; or d. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or
e. It contributes to the significance of an historic area, being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties which contribute to each other and are unified aesthetically by plan or physical development; or f. It is one of the few remaining examples in the City of Covina, region, state, or nation possessing distinguishing characteristics of an architectural or historic type or specimen.
2. Nomination for historic designation shall be considered in accordance with the following procedures:
a. Nominations may be filed by the City Council, Planning Commission, Director, any property owner, the Covina historic society, any community or ethnic association, or any Covina citizen.
b. With respect to nominations for individual historic landmarks or structures of merit, no application shall be accepted without the written consent of the owner of the property to which the nomination pertains. The owner may withdraw this consent prior to the City Council’s final determination. Such withdrawal shall terminate the nomination proceedings for the subject property. c. Nomination shall be made to the Planning Commission on a form provided by the Planning Division. The nomination shall provide sufficient documentation and information indicating how the proposal meets the designation criteria. The Director shall establish a nomination form and minimum information requirements.
d. Written notice shall be sent by mail to each property owner within 300 feet of the boundaries of the property upon which is located the proposed structure of merit or historic landmark that is the subject of the hearing, pursuant to the notification procedures established in Chapter 17.02.070.
15 e. The Planning Commission shall conduct a public hearing at which all evidence and testimony shall be considered. Recommendations may be for approval, or approval with conditions, or denial. The recommendation shall be forwarded to the City Council within 60 days for action in the form of a nomination statement.
f. Upon receipt of a nomination, the City Council shall set a hearing within 45 days for consideration and provide notice in the manner presented in this section. The City Council shall render its decision within a timely period of time.
g. The City shall notify the affected owners of the designation by certified mail within 10 days.
h. Failure to send notice by certified mail to any affected owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. i. Upon designation by the City Council, the City Clerk shall record the City Council’s decision in the office of the County Recorder of the County of Los Angeles in the form of a designation statement, in fact or by reference. j. No deliberate action may be taken that is inconsistent with CMC 17.22.050.F(3 and 4), which would deface or destroy the proposed historic landmark or structure of merit. No permits shall be issued while the nomination process, including public hearing, is pending.
3. An application to repeal a historical designation may be considered under this chapter if the resource no longer meets the designation criteria due to newly discovered information or destruction from a catastrophic event.
F. Historic structure modification certificate.
1. No alteration or demolition may be performed on a designated historic landmark or structure of merit without first obtaining a historic structure modification certificate from the City.
2. An application for a historic structure modification certificate shall be filed with the City by the applicant. The Director shall be responsible for reviewing the application for compliance with the Secretary of the Interior’s Standards and all local standards and criteria. Where practical, the historic structure modification certification may be combined with the existing permit process for the construction and demolition of structures and buildings.
3. Minor projects. Minor projects shall be administratively reviewed by the Director, who shall have approval authority. These include, but are not limited to:
a. Replacement of an element of a historic landmark or structure of merit with similar elements or additional elements that do not significantly impact the character, history, or architectural style of the structure.
16 b. Room and patio additions to structures of merit, provided the architectural design is compatible with the original building and the surrounding area, and the project does not otherwise require review by the Planning Commission. c. The demolition or construction of accessory structures where the accessory structure proposed for demolition is not a landmark structure, and any new structure is in a style, architecture, and color compatible with the main building. d. Room additions to a historic landmark that are less than 500 square feet in area and do not alter the architectural character of the building or structure. e. Interior construction and/or remodeling where such work does not adversely impact a significant historical feature of the house.
4. Major projects. Major projects shall be reviewed by the Planning Commission who shall have approval authority and include, but are not limited to:
a. Any changes that significantly alter the architectural character, height, proportion, the relationship of the building mass and space, roof shape, scale, or distinctive facades of a structure of merit or a historic landmark. b. Demolition or relocation of an historic landmark or a structure of merit, and/or the construction of new primary use buildings.
c. Room additions to a historic landmark that exceed 500 square feet in area.
5. Notice and Hearing. No notice is required for a minor project. The procedures and public notice for considering a major project shall be the same as in CMC 17.22.050(E).
6. Findings. The consideration of a historic structure modification certificate shall be directed by the following criteria:
a. Height. Any proposed construction shall be compatible with the height and bulk of contemporary historical development in the vicinity and shall conform to the applicable zoning district.
b. Proportions of Windows and Doors. Proportions and relationships between doors and windows shall be compatible with the architecture and character of the contemporary historical development in the vicinity and be of an appropriate material.
c. Relationship of Building Masses and Open Spaces. The relationship between proposed structures and open spaces or between remodeled structures and created spaces shall be consistent with the shapes and setbacks of contemporary historical development in the vicinity.
d. Roof Shape. Design shall be compatible with the architectural character and style of surrounding structures, gables, turrets, and other roof forms. e. Scale. Structure shall be compatible with the architectural character and style of contemporary historical development in the vicinity. New architecture shall be sensitive in its use of scale and materials.
17 f. Architectural Details. Architectural details, including materials and textures, shall be treated to ensure that any new construction is compatible with the architectural style and character of contemporary historical development in the vicinity. g. Architectural Rhythm and Articulation. All proposed structures or facade remodeling shall show sufficient and rhythmic repetition of details to be compatible with the facade articulation of contemporary historical development in the vicinity. h. New additions and adjacent related new construction shall be undertaken so that, if the addition or construction is removed in the future, it will not impair the essential form and integrity of the historic property.
i. All exterior mechanical equipment shall be screened from view using acceptable and appropriate screens, parapet walls, landscaping, or other screening methods.
Design, style, color, and texture shall be compatible with the existing or proposed building/facade design.
7. Findings to approve demolition of over 40 percent of a historic landmark or structure of merit:
a. That retention of the historic building or structure will constitute a significant economic hardship as defined in this chapter; and/or
That demolition of the historic structure is necessary to allow development of a project which is of overriding community importance.
b. The applicant fully intends to construct a replacement structure, has secured the necessary financial commitment, and has obtained site plan approval pursuant to this title; or
If the applicant does not intend to develop a replacement structure, the existing historic structure constitutes a substantial threat to the public health, safety, and welfare that cannot be reasonably mitigated by measures other than demolition.
8. Appeal Procedure. The decision on a historic structure modification certificate may be appealed pursuant to the appeals procedures established in Chapter 17.02 General Provisions and Administration.
G. Certificate of Economic Hardship.
The Planning Commission shall not deny a historic structure modification certificate if such action would result in a significant economic hardship that would deny the property owner reasonable use and economic return on the property. In such a case, the Planning Commission shall issue a certificate of economic hardship along with the historic structure modification certificate. The procedures and standards for considering economic hardships shall be as follows:
1. The owner of a historic landmark or structure of merit may request that an alteration, demolition, or relocation be conducted even if it does not meet the findings for such a certificate, provided the owner can substantiate that significant economic hardship denies the owner reasonable use or economic return.
18 2. The applicant presents facts and clear evidence demonstrating immediate and substantial economic hardship if the Planning Commission fails to approve the historic structure modification certificate.
3. Economic hardship shall mean a substantial burden to the owner of the property and is unreasonable in comparison to the benefit conferred to the community. To approve a certificate of economic hardship, the Planning Commission must make the following findings:
a. Denial will significantly diminish the value of the property. b. Sale or rental is not practical when compared to the zoning or permitted uses. This pertains to commercial properties only.
c. Utilization of the property for adaptive reuse is impractical. d. Rental at a reasonable rate is not feasible. This pertains to commercial properties only.
e. All means involving City-sponsored incentives, such as tax abatement, financial assistance, building code modifications, amendments to the zoning ordinance, loans, grants, and reimbursement, have been explored to relieve possible economic hardship but have been found inadequate to reasonably mitigate the impact.
4. When requested by the Planning Commission, the applicant shall furnish adequate evidence supporting the claim of economic hardship. The Planning Commission may request any of the following information when reasonably necessary to render a decision:
a. Cost estimate of proposed work and additional costs that would be incurred by complying.
b. Report on structural soundness and rehabilitation feasibility from a licensed engineer or architect experienced in rehabilitation.
c. A fair market appraisal from an appraiser of the current and estimated value after completion of proposed construction, alteration, demolition, or removal. d. Proposed demolition requires an estimate from an architect, appraiser, or other professional experienced in rehabilitation stating that it is economically unreasonable to rehabilitate, relocate, or reuse the existing structure on the property. e. For income-producing properties, information on annual gross income, operating and maintenance expenses, depreciation, and annual cash flow after debt service, and real property.
f. Any other information that the Planning Commission finds necessary to render a decision.
5. Staff shall prepare a report analyzing the evidence and, where possible, include a hardship relief plan with recommendations such as property tax relief, loans or grants, property acquisitions, use of the State Historic Building Code, and changes to zoning regulations.
19 6. The Planning Commission shall review the evidence and the staff’s relief plan and determine whether denying a historic structure modification certificate will deprive the owner of reasonable use or reasonable economic return.
7. If facts and clear evidence demonstrate the applicant’s claim of economic hardship and that the proposed relief plan cannot provide sufficient mitigation, the Planning Commission may recommend to the City Council that it approve or conditionally approve the certificate. The City Council shall make the final decision.
8. In the matter of the issuance of the historic structure modification permit, the aboveentitled procedure shall be implemented. If the Planning Commission recommends to the City Council that the request be denied and the council concurs, the applicant will be notified by certified mail of the denials of the historic structure modification certificate and the certificate of economic hardship.
a. If a historic structure modification certificate and a certificate of economic hardship would result in the demolition of a historic landmark or structure of merit, the applicant shall provide the following documentation:
b. Photographs of the exterior and interior of the structure; c. Site plan(s), floor plan(s) and any significant exterior elevations; d. Scale drawings;
i. Archaeological survey (where applicable); and
ii. Other reasonable documentation to preserve historical knowledge, as required by the Planning Commission.
H. Emergency Demolition.
Historic landmarks and structures of merit that have been severely damaged by an emergency declared by the President of the United States, the Governor of California, or the mayor of Covina, and that present an imminent threat to public safety and cannot be secured against intrusion or entry shall be exempt from the provisions of this chapter. A determination for demolition shall be made by one of the following: the Building Official, the City Manager, or the Director, in conjunction with the Planning Division and, when practical, the Planning Commission.
I. Maintenance and Care.
1. The owner or other person in charge of a historic landmark or structure of merit shall keep in good repair all exterior and interior portions specified in the designation statement, as well as all interior portions necessary to prevent deterioration and decay of any architectural features.
2. Ordinary Upkeep, Maintenance, and Repair. Nothing in this chapter shall be construed to prevent ordinary maintenance, upkeep, and repair, nor does this chapter prevent construction, reconstruction, alteration, restoration, demolition, or removal when the Planning Commission certifies that such action is required for public safety due to unsafe conditions that cannot be rectified under the California State Historical Building Code.
20 J. Historic preservation participation incentives.
To foster the preservation of Covina’s cultural heritage and built urban environment, the following incentives for participation are available only to historic landmarks or structures of merit:
1. State Historic Building Code. Any alteration made for the preservation, rehabilitation, restoration, or relocation of an historic landmark or structure of merit shall be allowed to comply with the requirements of the State Historical Building Code pursuant to the California Health and Safety Code Section 18950 et seq. rather than the otherwise applicable building and safety codes. This section does not apply to requirements for fire sprinkler systems as provided for elsewhere in the municipal code.
2. Mills Act Contracts. The City Council authorizes the use of contracts pursuant to California Government Code Section 50280 et seq. Such contracts, which shall be administered by the Community Development Department, Planning Division, may be entered into at the sole discretion of the City Council based on the recommendations of the Planning Commission. The intent of such contracts shall be the continued preservation of historic properties. The subject property must be a historic landmark or structure of merit.
3. Fee Relief. The applicable building construction or planning review permit fees shall be 30 percent of the actual permit fee at the time of issuance. This shall not apply to the historic structure modification certificate.
4. Setback Flexibility. Room additions may be constructed at a setback less than that provided in the zoning chapter of this code, provided the addition is no closer than the existing structure and complies with the Uniform Building Code.
5. Relief from Nonconforming Parking Requirements. Additions to single-family residences that increase floor area by no more than 50 percent of the existing floor area in any 12-month period shall not be required to provide additional parking under current standards. Multiple-family dwellings adding dwelling units within existing zoning standards shall not be required to bring the existing unit(s) into compliance with current parking standards.
6. Recognition. The Planning Commission shall establish a program to recognize historic properties through special plaques, signage, and other appropriate forms of recognition.
7. Financial Benefits. Owners of such properties are eligible to apply for private, local, state, and federal financial benefits as available.
8. Local or State Landmark structures within a residential district may have additional allowed uses, subject to a Minor Site Plan Review in accordance with CMC Chapter
17.04.040.
a. The allowed uses shall be limited to small-scale operations, such as bed-andbreakfasts, minor offices, coffee shops/cafés, and neighborhood-serving retail uses, such as boutiques, antique shops, bookstores, or florists.
21 b. The proposed use shall not cause intensification or disruption to any adjacent uses or neighborhood.
c. The site and structure shall be fully improved to include, but not be limited to, landscaping, parking, new exterior building materials, walls or fences, street improvements, drainage facilities, etc.
K. Delay of demolition permit.
A committee comprising the City Manager, Community Development Director, Public Works Director, and Parks and Recreation Director may vote to delay approval of a permit to demolish a potential historic landmark for up to 30 days when the following apply:
1. The structure is of exceptional historical significance and age and occupies a prominent site in the community.
2. The City Council has not previously declined to designate the structure as a historic landmark or as a structure of merit.
L. Enforcement and penalties.
Any person who violates this chapter or related approvals commits a misdemeanor under CMC Chapter 1.28. Unlawful construction, alteration, demolition, relocation, or removal of a historic landmark or structure of merit may require restoration and is subject to enforcement by the City of Covina or its designee. Civil remedies are in addition to criminal penalties and other legal actions. Unlawful demolition may also result in permit denials, with the duration based on the resource’s significance and the violation’s severity.
17.22.060 Landscaping Requirements.
A. Purpose.
This section establishes minimum landscape requirements to enhance the appearance of development, expand the City’s green space, reduce heat and glare, control soil erosion, conserve water, ensure ongoing maintenance, reduce wildfire hazards, and prevent hazards for motorists and pedestrians.
B. Applicability.
These requirements apply to all new and existing developments and supplement other standards in CMC Title 17. All planting areas, species, and irrigation systems must comply with California’s Model Water Efficient Landscape Ordinance (MWELO). The following types of projects are subject to MWELO:
1. All construction projects with 500 square feet of new landscape area that require a building or landscape permit, plan check, or design review; or
2. Rehabilitated landscape of 2,500 square feet or more that required a building or landscape permit, plan check, or design review.
22 C. Landscaping and Irrigation Plan Requirements and Review Process.
1. Preliminary Landscape and Irrigation Plan. Submit the preliminary landscape and irrigation plans to the designated approving authority as part of the development review process, per CMC Section 17.02.060. The applicant shall prepare these plans in accordance with MWELO requirements and follow the format and checklist issued by the Director. Plans must include, but are not limited to, a water budget with estimated water use (gallons), irrigated area (square feet), precipitation rate, flow rate (gallons per minute), conceptual locations for trees, shrubs, and ground cover, and a list of planting materials by species, quantity, and size.
2. Final landscape and irrigation plan. Once the preliminary plans are approved, submit a final landscape and irrigation plan, along with site improvement and construction documents, to the director for review and approval. A registered and licensed landscape architect must prepare the final plans, which must substantially comply with the approved preliminary plans. Final plans must show the exact locations and irrigation for all plantings and include plant names, quantities, and sizes; locations of impervious surfaces, utilities, and lighting; irrigation systems; and tree retention or removal plans, as applicable. The final plan must also include a water budget with estimated water use (gallons), irrigated area (square feet), precipitation rate, and flow rate (gallons per minute).
3. Approval required. Do not install landscaping or irrigation systems until the Director approves the final plans and all required permits are issued.
4. Changes to final plans. Resubmit any changes to approved final landscape or irrigation plans that affect plant material or irrigation design to the Director for approval before installation. If changes are substantial, the Director may require review and approval by the final approval authority before installation.
5. Inspection and certification. Before occupancy is granted, the applicant must contact the Planning Division to request an inspection and submit a MWELO certification of completion confirming compliance with the installed landscape and irrigation.
D. Single Family Residential Zones Landscape Standards.
1. Front yard and street-side yard landscaping areas.
a. "Front yard landscaping areas” shall mean the area extending across the full width of the lot between the front property line and the building or structure on the lot. b. “Street-side yard landscaping areas” means the area extending the full depth of the lot between the street-side property line and any perimeter fence, wall, or structure, including any area visible from the right-of-way.
23 Figure 17.22.060-1 Landscape Diagram Corner Lot
2. Front yard landscaping area ratios.
a. Hardscape, including paved access and driveway to the garage or parking areas, as well as decorative impermeable hardscape, shall not exceed 50 percent of the front yard.
b. The landscaped area must cover at least 50 percent of the front yard. c. Decorative impermeable hardscape, such as but not limited to concrete, stamped concrete, interlocking pavers, gravel, or landscape rocks, shall not exceed 10 percent of the front yard landscaping area.
24 Figure 17.22.060-2 Landscape Diagram Front Yard
3. Front yard landscaping requirements:
a. Minimize turf (lawn) areas to active play and functional areas where feasible.
Warm-season turf is preferred when appropriate.
b. Synthetic turf (lawn) shall be counted as landscape for the purposes of calculating the front yard landscaping ratio and shall comply with the requirements of section
17.22.130.
c. At least 2 trees, one 15-gallon and one 24-inch box size, shall be planted in the front yard.
E. Multiple-Family Residential Zones Landscape Standards.
The landscaping requirements shall comply with the provisions of CMC Chapter
17.10.080.
F. Commercial Zones, Industrial Zones, and Non-Residential Development Landscape Standards.
1. In landscaped areas between the right-of-way and buildings or parking areas, plant one tree for every 20 lineal feet. Place trees 4 to 10 feet from the back of the public sidewalk.
Include shrubs, ground covers, and mulch in these areas.
25 2. Landscaping around the building perimeter is required at a rate of one tree for every 20 lineal feet. The minimum continuous planter width around the building perimeter shall be 6 to 10 feet.
3. Within the interior side and rear yard areas, plant trees at a rate of one tree per every 20 lineal feet.
4. Provide shrubs and ground cover in all landscaped areas. Shrubs within the required front yard setback must not exceed 42 inches in height.
5. The landscaped area may include stormwater quality features and drainage treatments.
6. Parking lot landscaping. Install landscaping in parking lots to provide shade, help regulate climate, and screen the visual impact of vehicles and pavement. Parking lot landscaping includes perimeter planters along parking lots and drive aisles, tree planting for shade, and a combination of continuous planting strips and planting fingers or islands throughout the parking lot. Parking lot landscape requirements apply to parking lots with five or more spaces.
a. Provide one tree per 5 parking spaces. Parking lot trees must provide shade for over 50 percent of the parking area within 15 years (CAL Green Code). b. Parking lot planter design. Provide landscape planters at least 6 feet wide, with concrete curbing at the end of each parking row, and plant them with trees, shrubs, and ground cover.
Figure 17.22.060-3 Parking Lot Planter Design
c. Tree wells in parking lots must have concrete curbing, have inside dimensions of at least 5 feet by 5 feet, include trees, shrubs, and ground cover, and must not contain free-standing light fixtures.
26 Figure 17.22.060-4 Parking Lot Tree Well Design
d. Unenclosed parking areas must include a 5-foot-wide landscaped strip along the interior side or the rear property lines.
e. At least 10 percent of the total parking lot area must be landscaped with trees, shrubs, and suitable groundcover. The parking lot area should be calculated to include the space used for access drive aisles, parking spaces, vehicle maneuvering zones, landscaped planter strips, fingers or islands, and landscaped tree wells. f. Exception for solar collectors. The minimum requirements for trees and shrubs may be waived for the portion of the parking lot area with photovoltaic solar collectors, where the collectors serve as shade structures.
7. Tree root barrier. Provide a deep root, linear root barrier for any trees within 5 feet of hardscape. The root barrier will be at least 10 feet long.
8. Planting and landscaping density.
a. The total number of required trees is the sum of tree plantings in the following areas, including but not limited to streets, landscape areas, front, rear, street-side, and interior-side yards, parking lots, building perimeters, and project entries and focal points. The minimum tree size is 15-gallon. At least 50% of the required trees must be 24-inch box size, no more than 25% may be 15-gallon size, and at least 25% must be 36-inch box size or larger.
b. All shrubs must be at least 5-gallon size and planted 4 feet on center. c. Plant ground cover 12 inches on center for flats and 18 inches on center for 1-gallon size.
d. Provide mulch at a minimum depth of 3 inches in landscaped areas. e. Existing trees are counted towards the total number of required trees.
9. Entries and focal points
a. Use enhanced landscape treatments to highlight project entries, pedestrian access points, main building entries, architectural features, and other visual focal points, including prominent corners and significant site amenities.
27 b. Enhanced landscape treatment for site entries and focal points shall mean the use of a combination of the following features, such as but not limited to:
i. increase the size of the landscape areas (square feet); ii. use specimen size, ornamental or accent trees;
iii. increase the number of trees;
iv. use landscape lighting (up light and downlight);
v. decorative paving such as interlocking pavers, integral color concrete, etc., for hardscape; and
vi. other landscape features as approved by the Director or the Planning Commission.
c. Incorporate prominent monumentation at project entries and major corners, coordinating the design and placement with enhanced landscape treatments.
10. Common open space
a. Enhance common open spaces and outdoor gathering areas with attractive plantings, water features, or art and sculptures.
b. Provide a vocabulary and uniformity of hardscape elements, such as decorative paving, overhead trellises, outdoor furniture, pedestrian-scale lighting, trash receptacles, etc.
c. Outdoor seating areas must include shade from canopy trees or structures such as trellises, pergolas, or gazebos.
11. The use of Synthetic turf is prohibited in commercial and industrial developments.
12. Comply with the general landscape requirements of CMC Section 17.22.060(G) Landscaping Requirements.
G. General Landscape Requirements for all new developments and redevelopments.
1. Parkway landscaping. The owner of private property adjoining the area between the curb and the sidewalks, known as the parkway, shall be responsible for planting, installing, and maintaining landscaping in the parkway along the entire frontage of the property. This requirement applies to all commercial, industrial, mixed-use, singlefamily, multifamily, other non-residential developments, mobile home parks, and homeowner associations with landscaped areas. The following are the parkway landscaping requirements:
a. Landscape materials. Select low water use plants, excluding cactus, roses, and all other plants that contain sharp, pointed, and thorn-type plant structures. Plants shall not exceed a height of 18 inches at maturity.
b. Plant street trees at the rate of 1 tree per 20 lineal feet of street frontage. Street trees shall have a minimum size of a 24-inch box at the time of planting, or as required by the Public Works Director.
c. Provide automatic irrigation for street trees and parkway landscaping.
28 d. Street Tree Maintenance & Guarantee
i. For new developments, the applicant shall guarantee the life and health of the street trees for 365 days from the date of installation, and until the Public Works Director accepts the tree as healthy. The project applicant shall replace unhealthy trees.
ii. Watering and fertilizing the street tree shall be the responsibility of the adjacent property owner.
2. General landscaping design, layout, and diversity.
a. Vary plant selection and planting patterns. Use a mix of evergreen and deciduous flowering trees. Group shrubs with multiple plant types, heights, and blooming seasons for year-round interest.
b. Shrubs used for screening must be 15-gallon size and planted 4 feet on center. c. Provide a mix of 40% evergreen trees, 30% deciduous trees, and 30% flowering accent trees.
d. Plant evergreen trees for shade on the south and west sides, and deciduous trees on the north and east sides.
e. Use evergreen and canopy-shaped trees in parking areas. f. Planting requirements. Tree staking shall follow the director’s approved details.
Trees 36-inch box size or larger require tree guying. Trees in turf areas require arbor guards.
g. Ground cover. Use mulch, bark, or gravel as ground cover only within landscaped areas containing shrubs or trees. Do not use these materials alone. Gravel must be three-quarter-inch crushed stone, not smooth. Place materials just below the curb to prevent them from migrating onto sidewalks or streets.
3. Slopes.
a. All graded and compacted slopes must not exceed a 2:1 ratio. b. All natural, graded, and compacted slopes with a 4:1 ratio or steeper must be planted, irrigated, and mulched. Use low-precipitation irrigation systems to ensure visible growth at final inspection. Spray-head irrigation is prohibited. c. For slopes with a 4:1 ratio or greater, plant one 15-gallon tree per 20 square feet and one 5-gallon shrub per 10 square feet. For slopes with a 2:1 ratio, plant two 15- gallon trees per 20 square feet and two 5-gallon shrubs per 10 square feet. d. In addition to trees and shrubs, all slope areas must have appropriate ground cover for erosion control. Slopes with a 3:1 ratio or steeper must include jute netting or an equivalent material, as approved by the Director, to prevent soil erosion. e. The property owner shall maintain all slopes, retaining walls, cribbing, drainage structures, and other protective devices on the property.
H. Removal and Replacement of Required Landscaping.
29 Except for single-family residential zones, the removal and replacement of any required landscaping areas are subject to an amendment to the site plan review in accordance with CMC Section 17.04.040, before any removal of trees, shrubs, and ground cover or other landscape features.
I. Landscape and Irrigation Maintenance
The property owner is responsible for maintaining all landscaped areas, including all irrigation systems, in working order, pursuant to CMC Section 17.22.060.
J. Compliance, Violations, and Penalties
The provisions of CMC Section 17.02.120 and CMC Chapter 1.16 through 1.28 shall apply.
17.22.070 Measurements.
A. Measuring Distances.
1. Measurements Are the Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is taken at the closest point between the two objects.
2. Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, the edge of a building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
3. Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
Figure 17.22.070-1 Measuring Distances
B. Measuring Building Height.
30 Building height is measured from the adjoining curb level to the highest point of the building, exclusive of chimneys and ventilators and other exceptions to building height permitted in the zones; provided. However, where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.
Figure 17.22.070-2 Measuring Building Height
31 C. Measuring the Height of Fences or Walls.
The height of a fence or wall shall be measured from the midpoint between the highest and lowest finished grades immediately adjacent to both sides of the fence or wall to the top of the fence or wall.
Figure 17.22.070-3 Measuring Height of Fences/Walls
D. Measuring the Height of Decks.
Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.
32 Figure 17.22.070-4 Measuring Height of Decks
E. Measuring the Number of Stories.
In measuring the number of stories in a building, the following rules shall apply:
1. An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-third of the total area of the nearest full floor directly below it or if it is enclosed on more than two sides.
2. A basement shall be counted as a full story if the vertical distance between finished grade and the finished surface of the floor above the basement is more than six feet at any point.
F. Measuring Lot Width.
Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
33 G. Measuring Lot Depth.
Lot depth is measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line.
Figure 17.22.070-5 Measuring Lot Depth and Width
H. Calculating Gross Floor Area of Structures.
The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls.
1. Floor Area in Residential Zones. The floor area for buildings in residential zones shall be measured from the outside walls. The total horizontal floor area shall include any building(s) located on the lot, detached accessory structures, attached and detached garages, and covered structures such as covered patios, porches, decks, and balconies.
2. Floor Area in Non-Residential Zones. The gross floor area shall include the total floor area of all floors of a building, measured from the outside walls, including vents; shafts; covered courts; elevators; stairways; mechanical, electrical, and communications equipment; parking structures; and similar facilities.
I. Calculating Lot Coverage.
Lot coverage is the ratio of the total gross floor area, excluding structures, to the total lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be
34 summed to determine lot coverage. The following structures shall be excluded from the calculation:
1. Unenclosed and unroofed decks, uncovered patio slab, porches open on three sides, landings, balconies, and stairways less than four feet in height;
2. Eaves and roof overhangs projecting up to 18 inches from a wall;
3. Swimming pools and hot tubs that are not enclosed in roofed structures or decks.
Figure 17.22.070-6 Calculating Lot Coverage
J. Determining Lot Lines. The following shall be used to determine the locations of front, side, and rear lot lines:
1. Front Lot Line. The narrowest boundary line separating a lot from a public or private street; in the case of a lot having no street frontage, the same will mean the narrowest boundary line parallel and closest to the nearest street or highway, as determined by the Community Development Director.
2. Rear Lot Line. A lot line that is most distant from the front lot line.
3. Side Lot Line. Any lot boundary line that is not a front or rear lot line.
4. Access. If access to a public roadway is provided via an easement, the front lot line shall be the line to which the easement is connected.
K. Determining Setbacks. A setback line that defines a required yard is parallel to and at the specified distance from the corresponding front, side, or rear property line. Required setbacks shall be unobstructed from the ground to the sky.
35 Figure 17.22.070-7 Measuring Setbacks
17.22.080 Outdoor Storage
A. Purpose and Applicability.
This section regulates outdoor storage to support operational needs while minimizing visual impacts on public streets and adjacent properties. These standards apply to commercial and industrial properties proposing outdoor storage. The display or sale of merchandise outdoors is not considered outdoor storage and is regulated separately under CMC Section 17.24.160.
B. Permanent outdoor storage.
1. Permanent outdoor storage is allowed as part of the primary use, provided it is approved under the original planning entitlement. New permanent outdoor storage for an existing use or development requires a Minor Site Plan Review as described in CMC Chapter
17.04.040.
2. Permanent outdoor storage areas must be located outside required front setbacks and must not obstruct required parking, drive aisles, fire access, or emergency routes.
Required parking spaces may not be used for permanent outdoor storage.
36 3. All outdoor storage areas must be fully screened by a decorative screen wall, landscaping, or a combination of both. Screen wall materials must be concrete, splitface block, stucco over masonry block, or similar materials approved by the Director.
The screen wall height may not exceed 8 feet, and stored materials may not exceed that height.
C. Temporary outdoor storage.
Temporary outdoor storage shall require an Administrative Use Permit under CMC section
17.04.020.
17.22.090 Parking and Loading Requirements.
A. Purpose and applicability.
This section sets parking, loading, and bicycle regulations to ensure safe, convenient, and attractive parking for residents, employees, customers, and visitors. These regulations apply to new developments, building expansions, or changes in use, and must be permanently provided and maintained. They are in addition to other development regulations in the Zoning Code, such as landscaping standards.
B. Off-Street Parking Space Requirements.
Table 17.22.090-1 establishesthe minimum number of parking spaces by land use category.
A mixed-use project must provide the sum of the requirements for each individual use.
When the calculation of the required number of parking spaces results in a fraction of a space, the total number of spaces shall be rounded up to the nearest whole number. Where the parking requirements for a use are not specifically defined in this section, the parking requirements for such use shall be determined by the Director in the manner set forth in CMC 17.04.080 Use Determination. Such determination shall be based on the parking requirements for the most comparable use specified in this section.
Table 17.22.090-1 Off-Street Parking Space Requirements
LAND USE CATEGORY
sf- square feet
GLA – gross floor area
REQUIRED OFF
STREET
PARKING BY GLA
NOTES AND
ADDITIONAL
REQUIREMENTS
Residential Uses
Single-family detached, up to 4 bedrooms 2-car garage
Single-family detached, 5 bedrooms or more 3-car garage Duplex, single-family attached, zero lot line,
patio homes
2-car garage per
unit
37 ADU, detached See ADU
standards in CMC
17.20.080
Multi-family (apartments, condominiums,
townhouses)
- Studio and 1-bedroom 1 covered space Plus guest parking - 2-bedrooms and over 2 covered spaces Plus guest parking - 3-bedrooms or more 2.5 covered spaces Plus guest parking Single room occupancy (SRO) 1 per room Plus 2 for
management
Senior housing and independent living 1 space per unit, Plus guest parking Live-work units
- 2 bedrooms or less 1 covered space Plus guest parking -3 or more bedrooms 2 covered spaces Plus guest parking Guest or visitor parking (multi-family
developments, live-work units, senior housing
and independent living)
1 for each 5 units
Nursing homes, memory care and skilled nursing
facilities and assisted -living facilities
1 per 3 beds Plus:
- 1 per employee,
- 1 guest parking
per 5 beds
- 1 loading and
unloading space
Supportive and transitional housing, emergency
shelter, low barrier navigation centers
1 per 4 beds Plus 1 per staff
member
Alcohol Service and Sales
Bars or cocktail Lounges with or without
restaurant, nightclub and/or Entertainment
1 per 100 sf for
first 3,000 sf plus 1
per 50 sf above
3,000 sf
Plus additional
parking with a sitdown restaurant
Alcohol sales for off-site consumption such as
liquor stores
1 per 200 sf Plus 1 per
employee
Automotive Sales and Services
Automobile, RV, ATV, and boat, new or used
sales and services;
1 per 300 sf, plus 1
per 2,000 sf
38 Automobile rental service, except trucks and
trailers
exterior/outdoor
sales area
Automobile services repair (major or minor),
automobile parts, tires and accessories Sales
Summation of:
-3 per service bay,
-1 per employee,
-1 per tow truck,
-1 per 200 sf of
retail, office and
customer areas
Auto car wash, self-service (coin-operated) or
mechanical (automated drive-through) stand
alone or with gas/service station
Summation of:
-1 per employee
-2 stacking spaces
- 2 per wash bay
Auto car wash, full service and details (standalone)Summation of:
-1 per employee,
-5 stacking spaces
for each wash lane,
-1 each wash bay
Additional
requirements under
CMC Section
17.24.030
Auto gas/service stations 1 per 200 sf retail
space,
Additional
requirements under
CMC Section
17.24.030
Towing services w/ indoor or outdoor vehicle
storage
Summation of:
-1 per employee,
-1 per tow truck
-1 per 200 sf of
office areas
Educational Services and Day Care Facilities
Commercial nurseries, pre-school and day care
centers (children and adult)
1 per 6 individuals Plus 1 per
employee
K-12 Schools and tutoring services 1 per 5 students Plus 1 per employee
Vocational, trade, technical, colleges,
universities and instructional Schools
1 per 5 students Plus 1 per
employee
Private tutoring and educational enrichment
(primary through high school)
1 per 5 students Plus 1 per
employee
39 Food and Beverage Sales
Catering establishments 1 per employee
Convenience markets 1 per 200 sf Plus 1 per
employee
Sit Down Restaurants 1 per 100 sf Plus additional
parking for bars
Restaurants – w/ Drive-Thru 1 per 100 sf, Additional
requirements under
Section 17.24.xxx
Quick Service or take out Restaurants (limited
to 4 customer seats)
1 per 250 sf
Food Courts/Halls 1 per 200 sf
General Merchandise and Retail Trade
Appliance and Furniture Sales and Repair,
electronic sales
1 per 500 sf
Building Materials, Nursery, or Garden Center Summation of:
- 1 per 200 sf
- 1 per employee
- 1 per 8,000 sf of
outdoor storage
Retail Stores such as clothing, jewelry, sporting
goods, books, office supplies, maker spaces, and
similar uses
1 per 250 sf
Shopping centers 50,000 sf or less 1 per 250 sf
Grocery store or supermarkets 1 per 250 sf
Shopping centers with anchors such as but not
limited to department stores, warehouse clubs,
and supercenters, etc.
1 per 250 sf The total required
parking spaces may
be established by a
parking study
subject to Planning
Commission
approval
Industrial
Industrial/manufacturing 1 per 500 sf On-site ancillary retail sales require
additional parking at
1 per 300 sf
40 Traditional warehousing and distribution 1 per 1,000 sf for first 20,000 sf plus
1 per 2000 sf for
the remaining sf
Plus additional
parking for office
area at 1 per 250 sf
Distribution centers The total required
parking spaces, van
spaces, and loading
spaces shall be
established by a
parking study subject
to Planning
Commission
approval
Research and development, multi-tenant
industrial
1 per 300 sf
Outdoor storage Summation of :
-1 per 200 sf of
office area,
-1 per employee,
-1 per 800 sf of
outdoor storage
area
Public storage, self-storage, mini-warehouse
and similar uses
4 plus 2 for
management staff
and 1 loading
space
Additional
requirements under
CMC section
17.24.170
Lodging
Hotels and motels 1 per room or unit
and 2 for manager
Additional
requirements under
CMC 17.24.100
Trailer parks 1 per trailer space
plus 1 per 10
trailer spaces
Medical/Health Care
Animal hospital/veterinaries 1 per 300 sf
Hospitals 1 per 2 beds Plus 1 per 5
employees
Medical and surgical centers – outpatients only 1 per 250 sf Medical and dental offices/clinics, 1 per 200 sf
41 Medical and diagnostic laboratories including
biotech research and development facilities and
pharmaceuticals
1 per 400 sf
Pharmacies 1 per 250 sf Additional
drive-through
requirements under
CMC 17.24.060
Office
Administrative and professional offices 1 per 250 sf
Business support services 1 per 250 sf
Banking, credit unions, financial services, and
check cashing services
1 per 250 sf
Personal Services
Barber shops, salons, massage services, body art
facilities, other personal care services
1 per 200 sf
Funeral and mortuary Services 1 per 4 seats or 1
per 35 sf in
assembly area plus
1 per employee
Public and Quasi-Public Uses
Library and museums 1 per 300 sf
Government offices and public safety facilities 1 per 250 sf The total required parking spaces
may be established
by a parking study
subject to
Planning
Commission
approval
Recreation and Entertainment
Billiard and pool halls 2 per billiards table
Bowling alleys 4 per bowling lane
Health clubs, fitness centers, dance studios,
gymnasiums, and similar uses
1 per 200 sf
Indoor shooting range (guns or arrows) 3 per lane, alley or target
Plus 1 per
employee
Computer/video arcades 1 per 100 sf
42 Recycling
Collection and/or processing facilities 1 per 1,000 sf CMC section
17.24.180
Reverse vending machines 2 plus required
parking for
primary use
CMC section
17.24.180
Small collection 2 plus 1 per
employee, and
required parking
for primary use
CMC section
17.24.180
Places of Assembly
Public assembly such as but not limited to
places of worship, meeting halls, banquet
facilities, dancing halls, sport arena, stadiums,
etc.
1 per 4 seats or 1
per 35 sf of seating
area or main
auditorium
1.5 lineal feet on a
bench is equivalent
to 1 seat.
The total required
parking spaces
may be established
by a parking study
subject to Planning
Commission
approval
Single screen or multi-screen theatres and
cinemas
1 per 4 seats plus 1
per employee
The total required
parking spaces
may be established
by a parking study
subject to Planning
Commission
approval
Transportation Related Facilities
Ambulance services, transit and passenger
Transportation (including limousine, taxi or
autonomous vehicle services)
1 per vehicle Plus 1 per
employee
Express delivery services 1 per vehicle Plus 1 per
employee
Utilities
Public utility/service structures 1 per service or
fleet vehicle
Public utility/service company offices 1 per 300 sf Plus 1 per service or fleet vehicle
43 Wireless communication facilities 1 per service
vehicle
C. General Parking Requirements.
The layout of parking spaces, loading berths, and parking aisles must comply with the following requirements. These requirements apply to both on-street and off-street parking unless otherwise stated.
1. Required parking spaces, loading berths, and parking aisles must not be located within any street right-of-way. All required off-street parking must be on the same site as the main buildings or structures.
2. Parking areas or spaces required by this title may not be eliminated, reduced, or converted below the required standards unless equivalent facilities are provided elsewhere in compliance with this title.
3. Parking spaces must be at least 9 feet wide by 19 feet long, unless larger dimensions are required elsewhere in this code. Parallel parking spaces must be at least 9 feet wide by 22 feet long. Drive aisles must provide at least 25 feet of unobstructed width for vehicle access and maneuvering.
4. Parking aisles shall meet the dimensional requirements of Table 17.22.090-2.
Table 17.22.090-2 Parking Aisle Width
Angel of Parking Width (feet)
One-Way Two-Way
Parallel 12 25
30 Degrees 12 25
45 Degrees 14 25
60 Degrees 18 25
90 Degrees 25 25
44 Figure 17.22.090-1 Drive Aisle Parallel Parking
Figure 17.22.090-2 Parking Aisle 30 Degrees
45 Figure 17.22.090-3 Parking Aisle 45 Degrees
Figure 17.22.090-4 Parking Aisle 60 Degrees
46 Figure 17.22.090-5 Parking Aisle 90 Degrees
5. Tandem Parking. No more than thirty-five percent (35%) of the total units in a development may use tandem parking spaces. This applies to duplexes, patio homes, zero-lot-line homes, apartments, condominiums, and townhouses.
6. Parking requirements for the disabled.
a. Parking spaces for the disabled shall comply with the building code and with state and federal law.
b. The required accessible parking spaces must be reserved by the property owner or tenant for use by people with disabilities for the duration of the approved land use. c. Accessible parking spaces may count toward the overall parking requirement for a development or use.
d. If state or federal law changes the standards for marking, striping, or signing accessible parking spaces, upgrades must be made as required by law.
D. Parking and Driveway Design Improvements.
All public, semipublic, and private parking areas used for vehicle parking shall be improved as follows:
1. All parking areas, drive aisles, and driveways must be paved with all-weather surfaces, such as asphalt, concrete, or brick pavers, and must be constructed to city standards.
2. Garages used for residential purposes must have clear interior dimensions to accommodate two cars: 18 feet by 19 feet for side-by-side parking or 9 feet by 38 feet for tandem parking. These dimensions cannot be reduced by utilities or storage, including water heaters, meters, washers, dryers, storage areas, or refuse bins.
47 3. Where a parking area adjoins a residential zone at the rear or interior side property lines, a 6-foot-high masonry wall must be installed and maintained between the parking area and the residential property.
4. Parking area lights. Free-standing lights must provide between 1 and 5 lumens for ground-level illumination. Lighting must be shielded to prevent glare onto adjacent residential properties. In multi-family and mixed-use zones, lighting fixtures shall not exceed 15 feet in height, measured from finished grade to the top of the fixture. In commercial and industrial zones, fixtures shall not exceed 25 feet in height, measured from finished grade to the top of the fixture.
5. All parking spaces must be permanently marked with double lines, each nine inches from the space’s sidelines. Access lanes must be clearly defined. Install bumpers and wheel stops as needed.
6. All parking area drainage is subject to approval by the city’s Public Works Director.
7. Parking spaces and aisles must not exceed a five percent grade.
8. For surface parking spaces next to a landscape planter at least 6 feet wide, a 1-foot overhang is allowed, including the 6-inch curb.
E. Parking Reductions for Mixed Occupancies.
The following reductions may be applied to the otherwise applicable parking spaces required by CMC 17.22.090 for developments with mixed occupancies (multi-tenants and different types of uses, such as retail, dining, and services) to account for shared parking space use.
1. Developments with four or more tenant spaces and at least 5,000 square feet of gross floor area may qualify for a fifteen percent (15%) reduction, subject to approval by the Director.
2. Developments with two or three buildings, where at least two buildings exceed 10,000 square feet of gross floor area, may qualify for a fifteen percent (15%) reduction, subject to approval by the Planning Commission.
F. Shared Parking Requirements.
This section establishes an alternative to the required on-site parking subject to specific requirements.
1. Shared parking qualifying criteria. Shared parking serving more than four land uses (multi-tenants, mixed occupancies such as retail, dining, and services) on a site, or serving more than one parcel, may be used if it meets all of the following qualifying criteria, as determined by the reviewing authority:
a. The peak hours of parking demand across all uses (multi-tenants, mixed occupancies) do not coincide, so peak demand will not exceed the parking provided.
b. There is no substantial conflict in operating hours between the various uses. c. The number of parking spaces provided as determined by the parking study meets or exceeds the minimum (parking spaces) required.
48 2. Parking Study required. A parking study is required to demonstrate that proposed land uses meet the parking requirements in Section 17.22.090(A) and comply with the shared parking qualifying criteria in paragraph 1 of this section. The parking study must be prepared by city staff, the city’s consultant, or the applicant’s qualified traffic or parking consultant. A parking study submitted by the applicant may require an independent peer review at the applicant’s expense. The parking study must be reviewed and approved by the reviewing authority and may require a shared parking reciprocal easement or similar device as a condition of approval to ensure that projects comply with these requirements.
3. Shared parking. The shared parking for land uses (mixed occupancies or multi-tenants) with more than one parcel requires a shared parking in the form of a recorded reciprocal access and parking easement that runs with the land, to the satisfaction of the director and city attorney, and includes the following:
a. A guarantee that no substantial change in use will increase parking demand without approval of an amended land use entitlement, such as a site plan review or a conditional use permit.
b. A reciprocal grant, nonexclusive license, or easement among the business operator(s) and the property owner(s) for access to and use of the shared parking facilities.
c. Evidence that the reciprocal easement has been recorded with the county recorder’s office prior to occupancy by tenants.
G. Off-Site Parking. If on-site parking is not feasible for new or existing sites, off-site parking may be provided, subject to the regulations in this section. All specified distances are measured from the nearest property line of the parking facility to the nearest property line of the site or of the uses being served.
1. Required parking may be provided by an off-site parking facility on another property within 150 feet of the site proposed for the development or use.
2. The applicant must provide a recorded shared parking agreement that describes the intended users and details the arrangement with the owner of the off-site parking facility, in accordance with section 17.22.030(F). The content of the shared parking agreement must be to the satisfaction of the city attorney.
3. The applicant must provide a pedestrian access plan between the site of the development or use and the off-site parking facility.
H. “Shoppers Lane” Parking District.
1. The City Council finds that the “Shopper’s Lane” district is a unique commercial area within the city whose businesses, due to the limited space and orientation of their lots, face unique challenges that often prevent them from satisfying the parking requirements required by this chapter on-site. This can result in lost opportunities to bring business into the district. On the other hand, there is a large public parking facility within the district that, in the absence of this amendment, businesses cannot legally use
49 to satisfy parking requirements. Therefore, the City Council hereby adopts the following regulations.
2. In addition to any other available exception or credit provided in this chapter, commercial uses located within the territorial limits of the “Shopper’s Lane” district may qualify for a one- for-one credit to satisfy the off-street parking requirements otherwise imposed by this chapter by utilizing either of the following:
a. On-street parking spaces which are located adjacent to the front or rear property line of the commercial use. This reduction shall not apply to the number of handicapped accessible spaces required.
b. Spaces available in off-site public parking facilities; provided, that:
c. There is a public parking facility owned or operated by the city, or any other public agency of which the city is a part, within 300 feet of the use it is to serve, measured in walking distance along the way open to public pedestrian passage; i. The vehicle parking spaces located at said facility are made available to the general public and their use is not restricted to private owners, lessees, licensees or other parties.
ii. The Planning Commission finds that there exist sufficient public parking spaces at said facility to satisfy the off-street parking requirements imposed by this chapter upon the use under consideration. As a condition to Planning Commission consideration, the chief planning official may require an applicant to provide a parking analysis demonstrating that sufficient public parking spaces exist at the facility to accommodate the use.
iii. The Planning Commission shall have continuing authority to review the status of vehicle parking at public parking facilities within the “Shopper’s Lane” district. If, at a future date, the Planning Commission determines that a public parking facility is no longer available or no longer provides sufficient parking spaces to satisfy the off- street parking requirements for a particular use, the Planning Commission may require the use to provide an alternative means of satisfying off-street parking requirements, which may include the one or a combination of the following: providing off-street parking on the same lot or parcel of land; providing off-street parking at a substitute location allowed under this chapter; or, providing off-street parking at another public parking facility, as set forth in this subsection.
3. This section shall not be construed to prohibit or limit the city’s authority to take any of the following actions:
a. To lawfully close or otherwise restrict access to a public street, alley or public parking facility within the “Shopper’s Lane” district; or b. To lawfully charge for the use of public parking spaces within the “Shopper’s Lane” district; or
c. To lawfully establish and maintain a parking and/or business improvement district to pay for the expenses of constructing, operating and maintaining public parking within the “Shopper’s Lane” district.
50 I. Loading Area Requirements.
1. Required loading spaces for various uses.
Table 17.22.090-3 Required Loading Spaces by Uses
Total Square Feet of Building Space
(Gross Floor Area)
Loading Spaces Required:
Commercial and Industrial Buildings
3,000-20,000 1
20,001-50,000 2
50,001 and over 3
Hospitals, Institutions, Hotels, Office Buildings
10,000-50,000 1
50,001-100,000 2
100,001 and over 3
2. Standards for off-street loading spaces.
a. Minimum size for loading docks. Each loading space must be at least 12 feet wide, 40 feet long, and have 15 feet of vertical clearance.
b. Minimum size of loading spaces for businesses, delivery, and distribution use. Each off-street loading space must be at least 12 feet wide, 30 feet long, and 15 feet high, exclusive of driveways for ingress and egress and maneuvering areas. c. Loading spaces for customers. Each loading space may be 12 feet wide, 26 feet long, and 12 feet high.
3. Provide driveways for ingress and egress, along with adequate maneuvering areas, for each required off-street loading space, in accordance with city standards.
4. Location of loading areas. Off-street loading spaces (except those for customers) must be set back 30 feet from the adjoining property lines in any residential zone. Off-street loading spaces must be located behind or beside buildings and screened from public view with an 8-foot-high decorative masonry or sound-absorbing wall and landscaping.
5. Trailer parking required. One trailer parking space is required for each loading dock door. Each trailer space must be at least 50 feet long, 14 feet wide, and have 14 feet of vertical clearance. Trailer parking must be in a designated area, away from loading bays and travel paths, and screened as required by Section 17.22.080 Outdoor Storage for industrial areas.
6. Any loading space shall not encroach into the adjoining alley or use the alley for access.
51 7. If loading is permitted in a yard, the yard may count toward the required loading area, provided there is no more than one entry or exit per 60 feet of lot frontage or fraction thereof.
8. Loading space maintained in connection with any existing main building on the effective date of the ordinance codified in this title must continue to be maintained as long as the building remains, unless an equivalent number of such spaces are provided on a contiguous lot that complies with the requirements of this section and CMC
17.22.090-F; provided, however, that this regulation does not require maintenance of more loading space than is required for a new building, nor the maintenance of such space for any main building type other than those specified above.
9. Loading spaces required by this title may not be eliminated, reduced, or converted below the required standards unless equivalent facilities are provided elsewhere in compliance with this title.
10. Loading spaces required by this title may occupy a required yard as allowed in the districts, but no part of an alley or street may be used for loading.
J. Bike Parking
1. Short-term bike parking.
a. All new developments must provide short-term bike parking equal to 5% of required vehicle spaces for all public and semi-public uses, commercial uses, except vehicle sales and services.
b. Location and Accessibility. Short-term bike parking must be within 100 feet of a building entrance, outside pedestrian walkways, and the public right-of-way.
Spaces must be at least 2 feet by 6 feet, with 2 feet of clearance from landscaping, walls, poles, and drive aisles.
c. Security. Each bike parking space must have a secured object anchored so the bicycle can be locked at two points of contact.
2. Long-term bike parking.
a. Long-term bike parking serves employees, students, residents, commuters, and customers. The following spaces are required for all new developments:
i. Multi-Family Residential. Provide one long-term bike space for every five dwelling units. All long-term bike parking for residential uses must be covered. ii. Parking Structure. Provide one long-term bike space for every 25 vehicle spaces.
iii. Other Uses. Establishments with 25 or more full-time employees must provide one long-term bike space for every 25 required vehicle spaces. b. Location and Accessibility. Long-term bike parking must be on the same lot as the use it serves and near the facility entrance. Parking may be inside buildings, garages, bike lockers, or under roof overhangs. Spaces must be at least two feet by six feet and must not obstruct pedestrian walkways. Provide 5 feet of clearance
52 between the bike and vehicle parking and 2 feet from landscaping, walls, poles, and drive aisles.
c. Security. All long-term bike parking must be in one of the following:
i. An enclosed bike locker
ii. A fenced, covered, or locked bike storage area
iii. A rack or stand inside a building that is visible from an employee’s work area, a parking attendant, or a security guard, or within a restricted area, iv. Another secured area approved by the Director.
K. Electric Vehicle Charging.
1. Electric Vehicle charging stations are allowed in any area designated for the parking of vehicles.
2. New or renovated commercial and industrial parking areas with five or more parking spaces shall provide EV charging stations in accordance with Title 24, Part 11 of the California Green Building Standards Code (CALGreen).
3. The California Green Building Standards Code requires that new construction and significant alterations include “EV Capable” parking spaces to comply with Title 24, Part 11 of the California Green Building Standards Code (CALGreen).
L. Parking or Storage of Commercial Vehicles.
1. It is unlawful to park or store any commercial vehicle on property zoned for commercial purposes, except in a space reserved for commercial vehicle parking in the parking area required to be maintained in connection with such commercial use.
2. “Commercial vehicle,” as used in this section, means a vehicle of a type required to be registered under the Vehicle Code that is used or maintained for the transportation of persons for hire, compensation, or profit, or is designed, used, or maintained primarily for the transportation of property.
3. The provisions of this section shall not apply to commercial automobiles, pickups, panel delivery trucks, and station wagons, or the parking of a vehicle temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
17.22.100 Performance Standards.
A. Purpose and Intent.
The performance standards in this chapter ensure that uses and activities protect public health and safety and do not adversely impact surrounding properties or the community.
These standards apply to all zones. If needed, the city may retain a professional expert or regulatory agency to assess potential impacts, with costs paid by the applicant or business owner.
53 B. Applicability.
The following performance standards requirements apply to all zones.
1. Location. All uses shall be conducted wholly within an enclosed building unless otherwise permitted or conditionally permitted by other sections of the code.
2. Light and glare. Uses, activities, and processes must not produce significant or direct glare beyond property boundaries. Unless exempt, all outdoor lighting must be recessed or fully shielded downward to minimize light and glare on adjoining properties and public rights-of-way. Each fixture must be directed downward and away from adjoining properties and public rights-of-way, so that no light fixture illuminates areas outside the intended project site.
3. Noise. All land uses and their associated activities shall comply with Chapter 9.40 CMC, Noise.
4. Odor, Particulate Matter, and Air Containment Standards. Sources of odorous emissions, particulate matter, and air containment standards shall comply with the rules and regulations of the South Coast Air Quality Management District and the State Health and Safety Code.
5. Vibration. All uses shall be so operated as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, trains, and temporary construction or demolition work is exempted from this standard.
6. Heat and Humidity. All uses must be operated to prevent heat and humidity that is perceptible without instruments by the average person on or beyond the lot.
17.22.110 Property Maintenance.
A. Purpose.
All buildings, structures, yards, and improvements must be maintained to preserve the appearance of the immediate neighborhood. Enforcement provisions are provided in CMC Chapter 1.28.
B. Applicability.
The following maintenance requirements apply to all zones, in addition to other general maintenance provisions of this code:
1. All required fences and walls must be kept in good condition and properly repaired at all times.
2. Plants or materials in the required corner cutback area must be maintained to prevent visual obstructions.
3. Off-street parking areas, drive approaches, and driveway access must be kept in good condition. Striping must remain visible.
54 4. All safety devices and signs must be maintained in working condition.
5. The property owner must maintain all trash, garbage, and refuse enclosures. Trash storage must not create nuisance conditions, such as attracting rodents or insects.
6. The property owner must maintain all on-site landscaping and contiguous planted areas within the public right-of-way, except street trees, and replace any damaged, dead, diseased, or decaying plant materials within 30 days of damage.
7. Changes to landscaping, architectural features, buildings, or structural elements require an amendment to the site plan review in accordance with CMC 17.04.040.
17.22.120 Public Improvement Regulations.
A. Maintenance of Improvements and Requirements
All facilities, improvements, and landscaping must be maintained in accordance with the approved site plan. All conditions and requirements from the site plan review must be met throughout the life of the facilities and improvements. Facilities and improvements must remain fully functional and in good repair. Landscape improvements must be kept healthy.
Any changes to the approved final landscape or irrigation plans that alter the character, quantity of plant material, or irrigation system design must be resubmitted to the original approving authority for approval before installation.
B. Dedications, public improvements, and underground utility services in accordance with CMC Title 11, Streets and Sidewalks.
1. Street Improvements. If street improvements do not exist adjacent to a parcel being developed under this chapter, or if existing improvements are not standard in location, design, or condition, new street improvements must be constructed at the ultimate alignment and grade, in accordance with current city standards and specifications.
2. Street improvements include curbs, gutters, cross-gutters, sidewalks, drive approaches, street and alley pavement and base materials, street trees, street signs, streetlights, drainage facilities, fire hydrants, utility relocations, and related facilities.
3. All required street improvements must be constructed in accordance with city conditions, standards, plans, and specifications before any building permits are issued for parcel development. Alternatively, the developer may satisfy these requirements by one of the following methods, as determined by the city engineer:
a. The developer may post a cash or performance bond, in an amount set by the city engineer, to guarantee construction of the required improvements. All improvements must be completed before occupancy of the developed parcel. b. The developer may enter into a written contract with the city, approved by the city engineer and city attorney, agreeing to pay the costs of required street improvements when they are constructed. The contract must be recorded, run with the land, and bind the developer and all successors in interest to the parcel.
55 4. A state-licensed civil engineer must prepare and submit public improvement drawings for city approval.
5. Parcel developments subject to the requirements of this chapter are also subject to the requirements of CMC Title 11, Streets and Sidewalks.
6. Underground Utility Services. All new utility service lines installed to serve new or existing buildings or structures as part of the development must be placed underground.
Utility service lines include electricity, telephone, and cable television. Appurtenant equipment such as transformers, metal cabinets, and terminal boxes may be installed aboveground with approval from the appropriate authority.
17.22.130 Street Naming.
A. Purpose
These provisions establish procedures for naming new public and private streets in the city to promote uniformity and prevent public confusion.
B. Naming criteria.
Streets shall be named as follows:
1. Street names should be pleasant, appropriate, easy to read, and contribute to community pride. Street names should be easily understood by the public, including children, in emergencies.
2. The following street names are not acceptable: numerical names (1st, 2nd, etc.) except within the historic districts of the Covina Town Center Specific Plan; alphabetical letters (A, B, C, etc.); frivolous, complicated, or undesirable names; unconventional spelling; compound names; or names of living or deceased persons, except for pioneer family names or historic persons.
3. Continuous streets should retain their existing names wherever possible and feasible.
4. Duplication of existing or proposed street names is prohibited. Similar-sounding names are treated as duplicates, regardless of spelling.
C. New Public or Private Streets.
1. The applicant for a development that includes new streets must submit proposed street names and any required fee to the city for approval.
2. The Director or designee, after consulting with public safety staff, will approve all street names in the city.
17.22.140 Synthetic or Artificial Turf
Reserved
56 17.22.150 Tree Preservation.
A. Purpose and intent.
1. The purpose of this chapter is to preserve and protect mature trees that represent a significant resource to the community. Large mature trees, particularly those of native species, provide habitat for birds and wildlife, moderate climatic extremes, add beauty to the community, increase property values, improve air quality, and represent a historic resource.
The intent of this chapter is to ensure that new development addresses the preservation of significant healthy and mature trees to the greatest extent that is reasonable and that activities on properties with existing development are conducted in a manner that minimizes harm and destruction of such trees.
2. This chapter does not create any liability for damages or impose any duty of care or maintenance on the City or its officers and employees. Responsibility for maintaining trees in a safe and healthy condition rests with the person in possession of public property or the owner of private property where the tree is located or under their control.
B. Definitions.
For the purpose of this chapter, the following definitions shall apply:
“Damage” means any action that harms, destroys, removes, or relocates a tree, including injury to its roots or other parts. This includes, but is not limited to, burning, applying toxic substances, operating equipment or paving within the dripline, altering grade, trenching or excavating, excessive watering, or similar activities.
“Diameter at standard height” is the diameter of a tree trunk as measured four and one- half feet above the mean natural grade of the ground in which it is growing. “Dripline” shall mean an imaginary line on the ground at the furthest extension of the canopy around the circumference of the tree.
“Heritage trees” are protected trees that meet one or more of the following criteria:
1. Trees of the following species with a trunk diameter, as measured at standard height, of at least 10 inches for a single-trunk tree or with a combined diameter of at least 22 inches for multiple-trunk trees:
a. Quercus, all species (oaks).
2. Individual trees or groups of trees designated as heritage tree(s) by the City Council pursuant to CMC 17.22.150(L).
“Tree removal permit” means a permit to remove one or more heritage trees.
C. Prohibition and permit required.
Except as otherwise specified in this chapter, no one shall damage any heritage tree on any lot or parcel of land within the City unless a Tree Removal Permit is first obtained as provided herein.
D. Application, fees, review process, and procedures.
57 1. Application and fees shall be filed with the Planning Division in the format and checklist prescribed or issued by the Director.
2. A report prepared by a certified arborist or a licensed forester, with qualifications satisfactory to the Director. The report shall address the following:
a. Evaluates the heritage tree(s) subject to the tree removal permit and addresses all relevant issues, including the size, species, health, aesthetics, monetary value, and condition of the tree(s).
b. Provides recommendations for preserving the health of the subject heritage tree(s), mitigating the impact of the permit request, and implementing future maintenance measures, when necessary, along with assessing their effectiveness.
3. The Director may waive the tree report requirement for a tree-removal request for an existing single-family residence as a permitted use in the zone. The Director may also waive any other information deemed unnecessary for processing the application.
4. The Director may, without further action, deny any application that lacks the required information or permit the applicant to amend the application.
E. Exemptions.
The provisions of this chapter shall not apply to:
1. Street trees that are maintained by the City and located within any public right-of-way as described in CMC Chapter 11.36.
2. Routine maintenance is designed to ensure the continued health of the tree. Routine maintenance does not include removing branches in any one year that would bear over 10 percent of the tree’s live foliage, or reducing the tree’s height by more than twentyfive percent (25%). All such maintenance shall be undertaken in a manner that conforms with the standards of the Western Chapter of the International Society of Arboriculture.
3. An emergency caused by the tree’s dead, deceased, or hazardous conditions, as determined by a visual inspection conducted by a licensed forester, certified arborist, the Director, or a designee.
4. Emergency or routine maintenance by a public utility necessary to protect or maintain an electrical power or communication line and structures appurtenant thereto.
5. Trees planted, grown, or held for sale by a licensed nursery.
6. Repair and maintenance of existing parkways, highways, streets, and/or other public facilities.
F. Notification.
1. No public notice is required for the consideration of a Tree Removal Permit for which the Director has approval authority.
2. For an application for a Tree Removal Permit presented to the Planning Commission, notice shall be given pursuant to the noticing requirements in Chapter 17.02.070.
58 3. When an application for a Conditional Use Permit, Variance, Planned Community Development (PCD), Zone Change, or Tentative Map for a subdivision is filed concurrently, the required legal notices for that application shall include notice that a Tree Removal Permit application will also be considered.
G. Findings.
1. Prior to approving a Tree Removal Permit, the Director must determine that at least one of the following provisions applies:
a. The subject tree(s) are naturally damaged and diseased to a degree that cannot be reasonably corrected or restored to health.
b. The action is necessary to maintain the health and viability of the subject tree(s) or other nearby trees.
c. The subject tree(s) pose a substantial threat to existing structures and to significant improvements on the property.
d. There is no reasonable development alternative, and retention of the subject tree(s) would constitute a substantial economic hardship.
2. In the case of a Tree Removal Permit, the Planning Commission, in addition to the above, at least one of the following applies:
a. The proposed damage is necessary because alternative plans either cannot achieve the intended improvement, would be prohibitively costly, or the tree’s location prevents the reasonable and efficient use of the property for an authorized purpose.
b. The proposed damage interferes with utility services or streets and highways either within or outside of the subject property, and no reasonable alternative to such interference exists other than damaging the subject tree(s). c. The tree’s condition, due to disease or the risk of falling, cannot be remedied by preservation methods without damaging the tree.
3. In rendering a decision, the approval authority shall consider shade, scenic beauty, forest cover loss, wildlife preservation, historic value, aesthetics, and overall community welfare.
H. Conditions of approval.
In rendering a decision on a Tree Removal Permit application, the approval authority may impose conditions of approval, including but not limited to:
1. Replanting of a replacement tree of equivalent value and species.
2. Relocation of the subject tree(s) to an alternative location.
3. Payment of in-lieu mitigation fees to plant and/or preserve the subject tree(s) on property or sites where the city can assure the long-term viability of the subject tree(s).
4. Preparation of a monitoring and/or mitigation program by a city-approved certified arborist or licensed forester and provision of adequate financial security to assure implementation of the program.
59 5. Such other conditions as may be necessary to assure the tree preservation permit is consistent with the findings and purpose of this chapter.
I. Tree preservation and propagation fund.
The City shall establish a tree preservation and propagation fund using money collected as civil penalties, in-lieu mitigation fees, and other penalties or fees related to this chapter.
These funds shall be used exclusively to cover the costs of planting replacement trees or preserving native trees on property or sites where the City has reasonable assurance of the trees' long-term viability.
J. General requirements.
The following standards shall apply citywide:
1. At the time of planting, any heritage tree provided pursuant to this chapter shall be of a health, size, height, and trunk caliper that conforms with the current edition of ANSI Z60.1: American Standards for Nursery Stock.
2. Utility companies shall practice good arboricultural practice.
3. Heritage trees shall only be trimmed in a manner consistent with the standards of the Western Chapter of the International Society of Arboriculture.
4. It is the responsibility of the property owner to maintain all heritage trees in a sound, healthy, and attractive manner. This shall include, but is not limited to, the provision of adequate water, trimming to prevent excessive overgrowth and entanglement, removal of dead or dangerous branches, and the avoidance of practices that endanger the tree(s).
5. Trenching and excavation under the dripline of a heritage tree shall only be undertaken using hand tools.
6. Protective fencing shall be installed around the dripline of all heritage trees during construction.
7. Utility trenches and footings shall not be placed under the dripline of a heritage tree without prior city approval.
8. Irrigation systems shall be designed to meet the needs of the tree(s) on the property.
9. Prior to the issuance of building, grading, demolition, and construction permits, the applicant shall:
a. Obtain a tree preservation permit if subject to this chapter. b. Submit final tree report to the Director, unless waived pursuant to CMC
17.22.150(E) Exemptions.
c. Submit all required security deposits and agreements. d. A copy of the city-approved final tree report shall be kept on the site at all times, and the developer shall follow all recommendations therein.
K. Exemption from the Solar Shade Control Act.
60 This city is exempt from the provisions of Chapter 12 (commencing with Public Resources Code Section 25980), Division 15 of the Public Resources Code, which is known as the Solar Shade Control Act.
L. Designation of heritage trees.
1. The City Council, the Planning Commission, or any property owner or concerned citizen of Covina may nominate a tree or a cluster of trees for heritage status if they are not otherwise defined as heritage tree(s) by this chapter.
2. Before the Planning Commission considers a heritage tree nomination, the Planning Department must receive a signed statement from the tree owner consenting to the designation and acknowledging the restrictions and covenants in this chapter.
3. Within 60 days of receiving a complete heritage tree nomination, the Planning Commission shall hold a public hearing. Notice must be mailed at least 10 days before the hearing to the property owner and any other parties the planning official deems appropriate. The Commission shall forward its recommendation to the City Council within 60 days of the hearing. The City Council shall then hold a public hearing within 45 days of receiving the recommendation, with comparable notice, and render a decision to approve or deny the designation. Either the Planning Commission or the City Council may continue hearings as necessary.
4. When evaluating a nomination for heritage status, the approval authority shall consider:
a. The age, history, species, and location of the tree(s) along with their relative importance to the community.
b. Whether the tree(s) occupy a location of significant aesthetic importance to the image of the community or a neighborhood thereof.
c. Unique or special characteristics and the image created by the planting and spacing of a group of trees.
d. The environmental value of the tree(s) is as a wildlife and biotic habitat, and for erosion prevention.
e. The economic and social impact on the owner of the property or properties where the tree(s) are located.
M. Penalties.
1. Each separate violation of this chapter shall constitute a misdemeanor offense.
Inflicting damage to or removing multiple trees in violation of this chapter shall constitute a separate offense for each tree.
2. In addition to or in lieu of criminal penalties, the city may pursue civil or private remedies, including but not limited to:
a. Development moratoria of up to 10 years for any deliberate and egregious violation involving heritage trees.
b. Recovery of all reasonable costs and overhead expenses associated with enforcement and correction to the standards of this chapter.
61 c. Payment into the tree preservation and propagation fund in an amount equivalent to the value of the tree(s) illegally damaged.
d. The ability to enter property and correct violations at the owner’s expense. e. Require planting of alternative trees in locations on or off the subject site.
3. The city shall have the authority to place liens on property to recover costs and penalties for violations of this chapter.
17.22.160 Walls, Fences, Hedges, and Screening.
A. Purpose.
This chapter regulates the height and location of walls and fences to ensure adequate light, air, and privacy, while maintaining views and connectivity. It also establishes buffers between different land uses and prevents visual obstructions at street and driveway intersections.
B. Permit requirements for all walls and fences.
1. Application, fees, review, approval process, and permit requirements. a. A wall and fence permit is required for all new or replacement walls and fences, including retaining walls, regardless of height or location. The director issues these permits.
b. A building permit is required for all new construction and replacement of existing walls and fences, regardless of height or location. The Building Official issues these permits.
c. All walls and fences require a Minor Site Plan Review as described in CMC Chapter 17.04.040, unless submitted with land use entitlements or other planning applications.
d. Applications, fees, and submittal materials must be filed with the Planning Division using the format or checklists prescribed by the Director. e. The approval, conditional approval, or denial of the wall and fence permit by the Director shall be effective and final 10 days from the date of the decision, unless an appeal is filed pursuant to CMC 17.02.090 Appeals within such period.
C. Walls, fences, and hedges in Residential Zones.
1. Walls, fence, and screening height, Table 17.22.160-C.
62 Table 17.22.160-1 Wall, Fence, and Screening Height
Locations of Walls, Fences, and
Screening
Location or Minimum
Setback of Wall/Fence (1)
Maximum Height (2)
Required front yard area 0 ft (at front property lines) 4 ft solid, up to 5 ft if 50% of fence/wall is visually open
(5)
Required rear and interior side yard area
(along rear and interior property lines)
0 ft 6 ft up to 8 ft
Required street side yard area (corner
side property lines)
5 ft (3) 6 ft up to 8 ft. Must comply
with height at the required
front yard setback
Reverse corners side yard area 0 ft (4) 6 ft up to 8 ft. Must comply with visibility/corner cutoff
area requirements of 90%
visually open (5)
At intersections of streets, alleys, and
driveways and within the
visibility/corner cut off areas
10 ft (4) 4 ft solid; may increase to 5 ft
if 90% of wall/fence is
visually open (5)
Table Notes:
(1) All walls and fences subject to planning permits and building permits under CMC Section
17.22.160-B.
(2) Any walls and fences above 6 feet high must submit additional information and plans as required by the building official prior to the approval and building permit issuance. (3) The total replacement of an existing wall or fence along the street side property line without the 5- foot setback may be allowed on a case by case basis, subject to the director review and approval. (4) Must comply the requirements of the visibility/corner cutoff areas under CMC Section 17.22.XXXD, unless otherwise allow by other provisions of this section. (5) A wall or fence visually open means the materials are wrought iron, tubular steel or similar materials and the fence pickets are between 2 to 4 inches apart.
2. Height measurement for walls and fences with grade differences. Measure height from the finished grade at the base to the top of the fence or wall. If ground levels differ between adjoining parcels, measure from the midpoint between the lowest grades of each property.
63 Figure 17.22.160-1 Measuring Wall Heights
3. Fences, walls, and hedges within visibility/corner cutoff areas. The following regulations apply to all intersections of streets, alleys, and private driveways to ensure adequate visibility for vehicles, unless otherwise specified in this section. No visual obstructions are allowed within visibility/cutoff areas. In hillside areas, grading must be included in corner cutoff treatments to provide reasonable intersection visibility. a. A corner cutoff area is required at all street and alley intersections. The cutoff line shall form a 45-degree angle with the property line and pass through the intersection of the yard setback lines at the lot corner to ensure visibility. b. A corner cutoff area is required on each side of a private driveway intersecting a street or alley. The cutoff lines shall form a 45-degree angle with the property line and pass through a point at least 10 feet from the driveway’s edge at the street or alley right-of-way.
c. For irregular lots where a 45-degree line cannot ensure visibility, the cutoff shall be defined by a line from a point on the front (or rear) property line more than 17 feet from its intersection with the side property line to a point on the side property line more than 17 feet from the same intersection.
64 Figure 17.22.160-2 Corner Cutback Area
d. In visibility/corner cutoff areas, walls and fences may be up to 8 feet high but must remain at least 90% visually open, using pilasters and wrought iron or similar materials. Landscape hedges are not permitted.
4. Design Standards for residential walls and fences.
a. Acceptable materials for walls and fences include, but are not limited to, precision block with stucco, split-face block, slump block, tubular steel, wrought iron, wood, vinyl, and vinyl pickets. Chain-link fences are prohibited. b. Fencing must be professionally constructed and installed using treated, durable, and low-maintenance materials.
c. All walls and fences adjacent to the public right-of-way must have a graffitiresistant, aesthetically treated surface. d. Pilasters must not exceed the maximum allowed wall or fence height in any yard area. A projection of up to 9 inches above the maximum height is permitted for decorative caps and architectural features such as lights or finials. Pilasters may be up to 18 inches square in width and must be spaced no closer than 15 feet apart.
D. Walls and fences abutting rail lines.
1. Block or sound attenuation walls up to 10 feet high may be constructed along properties abutting the commuter rail line or other locations as determined by the director.
2. Anyone constructing such a wall must plant, irrigate, and maintain fast-growing, drought-tolerant vines along the wall facing the rail line to reduce the potential for graffiti.
E. Walls and fences for lots with slopes.
65 A fence or wall between five and six feet high may be constructed at the top of a slope on each lot if all of the following conditions are met:
1. Where the top of the slope is a property line between adjoining lots held under separate ownership.
2. Where the difference in vertical elevation between the top and the toe of the slope is six feet or more.
3. Where the slope between the property line and the toe of the slope is two feet horizontal to one foot vertical or greater.
4. Walls and fences that are higher than eight feet in height shall be terraced and separated by a minimum distance of three feet. Refer to Figure 17.20.160(3)—example of Walls for Terraced Lots.
Figure 17.22.160-3 Example of Walls for Terraced Lots
F. Walls and fences for pools, spas, and similar features Walls and fences for pools, spas, and similar features shall be enclosed in compliance with building code requirements.
G. Walls and fences for tennis courts or other sports court areas.
Fences over six feet high are permitted to enclose tennis courts or other sports court areas located in the rear half of the lot. Any portion above six feet must be constructed of wire mesh or similar material with no more than 10 percent solid surface. Compliance with fire safety access requirements is required.
66 H. Temporary fencing. Nothing in this section shall be deemed to prohibit the installation of a temporary fence around construction projects, provided it complies with the building code and other applicable requirements of this zoning code.
I. Walls and fences screening between different land uses. Install a solid perimeter wall at least 6 feet high along property lines separating commercial, industrial, or mixed-use zones from residential zones. A landscape strip at least 5 feet wide is required adjacent to the wall.
J. Walls, fences, screening, and storage for commercial and industrial zones and nonresidential uses.
1. Required walls and fences.
a. Install a wall or fence between 6 and 8 feet high along the interior side and rear property lines.
b. In visibility/corner cutoff areas, reduce wall and fence heights to no more than 3 feet in any required front yard landscaped area abutting a street, as required by CMC Section 17.22.160(J)(3).
c. Property perimeter walls shall include decorative materials such as concrete panels or split-face blocks, with a cap or similar features that are architecturally integrated into the buildings' design.
d. Walls and fences along property lines that are not used for screening, loading, or outdoor storage areas may use wrought iron, tubular steel, or similar materials.
Chain link, barbed wire, and razor wire are prohibited.
2. Walls and fences for screening, loading, and outdoor storage areas. a. All loading areas, loading doors, and storage areas must be screened from public view by a decorative screen wall and dense landscaping, including trees, shrubs, and berms.
b. The minimum screen wall height for loading and storage areas is 10 feet, but the maximum height visible from a public street must not exceed 8 feet. A landscaped berm or planter may be used to reduce the perceived height. c. Items stored in screened outdoor storage areas must not be stacked higher than the screen wall. A six-foot unobstructed clearance must be maintained from the screened wall along any side or rear property line.
3. Visibility/corner cutback area. The following regulations shall apply to all intersections of streets, alleys, and/or private driveways to ensure adequate visibility for vehicular traffic. There shall be no visual obstruction within the visibility/cutback area. a. A corner cutback area is required at all intersections and intersecting streets. The cutback area shall be defined by a horizontal line drawn from a point on the front, side, or rear property line, the point being not less than 25 feet measured from the intersection of the front, side, or rear property lines, or the prolongation of such property lines, to a point similarly located on the intersecting property lines;
67 b. A corner cutback area is required on each side of any private driveway and/or alleys intersecting a street or alley. The cutback line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the driveway or the alley where it intersects the street or alley right-of-way.
17.22.170 Water-Efficient Landscape Regulations
A. Purpose and intent.
This section ensures that landscape design, installation, and maintenance in the city comply with the State of California’s Model Water Efficient Landscape Ordinance (MWELO), and CMC Chapter 17.22.060 Landscaping Requirements.
B. State Model Water Efficient Landscape Ordinance.
1. The city adopts the State of California’s MWELO, as set forth in sections 490 through 495 of Division 2.7, Chapter 2, Title 23 of the California Code of Regulations.
2. A registered and licensed landscape architect must prepare the “landscape documentation package” for all new developments or redevelopment projects. Relandscaping of yards less than 2,500 square feet in single-family zones is exempt from this requirement.
1 FINAL DRAFT (JUNE 2026)
Chapter 17.24 Specific Use Regulations
17.24.010 Adult-Oriented Business
17.24.020 Alcohol Sales and Public Convenience
17.24.030 Automobile Service Stations
17.24.040 Battery Energy Storage System Facilities
17.24.050 Body Art Facilities
17.24.060 Cannabis Regulations and Prohibitions
17.24.070 Drive-through Facilities
17.24.080 Drive-up Kiosks
17.24.090 Drop-off Bins
17.24.100 Gated Community Design Regulations
17.24.110 Hotels and Motels
17.24.120 In-Home Businesses and Cottage Food Operations
17.24.130 Massage Facilities
17.24.140 Mobile Food Facilities
17.24.150 Model Home Sales Office
17.24.160 Outdoor Advertising Structure
17.24.170 Outdoor Dining and Display within Public-Right-of-Way
17.24.180 Public Storage Facilities
17.24.190 Recycling Collection Facilities
17.24.200 R-TP Residential Zone (Trailer and Mobile Home Parks)
17.24.210 Short Term Rentals
17.24.220 Smoke Shop and Tobacco Stores
17.24.230 Temporary Uses
17.24.240 Vehicle Impound Yards
17.24.250 Wireless Communication Facilities
17.24.010 Adult-Oriented Business.
A. Purpose
It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform
2 regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.
B. Definitions.
1. Establishment of an Adult-Oriented Business. As used herein, to “establish” an adultoriented business shall mean and include any of the following:
a. The opening or commencement of any adult-oriented business as a new business; b. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;
c. The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or
d. The relocation of any such adult-oriented business.
2. “Specified anatomical areas,” as used herein, shall mean and include any of the following:
a. Less than completely and opaquely covered human (a) genitals or pubic region; (b) buttocks; and (c) female breast below a point immediately above the top of areola; b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
c. Any device, costume or covering that simulates any of the body parts included in subsections (B)(1) or (2) of this section.
3. “Specified sexual activities,” as used herein, shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
b. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; c. Masturbation, actual or simulated;
d. Excretory functions as part of or in connection with any of the other activities described in subsections (C)(1) through (3) of this section.
4. “Adult-oriented businesses” means any one of the following:
a. “Adult arcade,” as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
b. “Adult bookstore,” as used in this chapter, is an establishment that has 30 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other
3 form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
c. “Adult cabaret,” as used in this chapter, means a nightclub, restaurant, or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) which regularly features persons who appear seminude; and/or (c) shows films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
d. “Adult hotel/motel,” as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24- hour period.
e. “Adult motion picture theater,” as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
f. “Adult theater,” as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. g. “Modeling studio,” as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities. h. “Adult enterprise,” as used in this chapter, means a car wash, massage parlor, barber shop, lingerie show and/or any other economic organization and/or activity which includes any display of specified anatomical areas, but which is not an adult arcade,
4 adult bookstore, adult cabaret, adult hotel/motel, adult motion picture theater, adult theater and/or modeling studio.
5. “Church,” as used in this chapter, is a structure which is used primarily for religious worship and related religious activities.
6. “Distinguished or characterized by an emphasis upon,” as used in this chapter, shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.
6. “Regularly features,” with respect to an adult theater or adult cabaret, means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occur on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 90-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
7. “School,” as used in this chapter, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any other establishment, organization, firm, business and/or person offering specialized instruction.
8. “Seminude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
C. Allowable Zones.
No adult-oriented business shall be established or located in any zone in the city other than Industrial (I), and in no case shall an adult-oriented business be established or located within certain distances of certain specified land uses or zones as set forth below:
1. No such business shall be established or located within 500 feet of any other adultoriented business.
2. No such business shall be established or located within 500 feet of any existing residential zone or use, park, church, or school.
3. The distances set forth above shall be measured as a radius from the primary entrance of the Adult-Oriented Business to the property lines of the property so zoned or used without regard to intervening structures.
D. Permit Requirements.
5 It shall be unlawful to establish or operate, or cause or permit to be operated , any adult entertainment establishment without first obtaining a conditional use permit from the planning commission consistent with the requirements of CMC Chapter 17.04 (Land Use Entitlements, Permits and Planning Applications), and CMC Chapter 17.02 (General Provisions and Administration).
E. Violations and Penalties.
Criminal violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this section. Any persons, firm, partnership, or corporation violating any provision of this section or failing to comply with any of its requirements shall be deemed guilt of a misdemeanor, and upon conviction thereof, shall be punished by a fine, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which violation of any of the provisions of this section is committed, continued, or permitted by such a person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this section.
17.24.020 Alcohol Sales and Public Convenience or Necessity.
A. Applicability.
1. A Conditional Use Permit is required for the following establishments:
a. Propose to sell liquor.
b. Propose to change the type of on-sale liquor license or off-sale liquor license. c. Change its operation and business by expanding the floor area for serving on-sale liquor or increasing the retail space for off-site sales of liquor.
2. A conditional use permit is not required for on-sale liquor, as an ancillary use in conjunction with a Bona-fide eating establishment or hotel use.
B. Findings.
In addition to the findings required pursuant to CMC 17.04.030-D, prior to approving a conditional use permit for any type of on-sale liquor use, the Planning Commission must find as follows:
1. On-sale liquor establishments:
a. The requested use does not fall within 700 feet, measured from the property line of the proposed use to the property line of a use for religious worship, school, park, playground, residential, or any similar sensitive use.
b. The requested use does not fall within 700 feet, measured from the property line of the proposed use to the property line of an existing liquor on-sale use. c. The requested use at the proposed location will not adversely affect the economic welfare of the nearby community.
6 d. The exterior appearance of the structure of the proposed use will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood as to cause blight, deterioration, or substantially diminish or impair the property values within the neighborhood.
2. Off-sale liquor establishments:
a. The requested use does not fall within 700 feet, measured as pedestrians travel, from a place used exclusively for religious worship, school, park, playground, residential or any similar sensitive use.
b. The requested use does not fall within 700 feet, measured as pedestrians travel, from the proposed use to the property line of an existing liquor, off-sale use. c. However, the Planning Commission may find that the public convenience or necessity for the proposed use outweigh the distance restrictions upon additional findings that:
i. The immediate neighborhood requires and needs such services. ii. Not greater than five percent of the sales floor area or 1,000 square feet, whichever is less, shall be used for the display or sale of alcoholic beverages. iii. The requested use at the proposed location will not adversely affect the economic welfare of the nearby community.
iv. The exterior appearance of the structure of the proposed use will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration, or substantially diminish or impair the property values within the neighborhood.
d. The requested use at the proposed location will not adversely affect the economic welfare of the nearby community.
e. The exterior appearance of the structure of the proposed use will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration or substantially diminish or impair the property values within the neighborhood.
3. On-sale liquor in conjunction with lodges or meeting halls:
a. That the requested use does not fall within 700 feet, as pedestrians travel, from a place used exclusively for religious worship, school, park, playground, residential, or any similar sensitive use. However, the Planning Commission may find that the public convenience or necessity for the proposed use outweighs the distance restrictions, upon additional findings that the immediate neighborhood requires and needs such services:
i. The requested use at the proposed location will not adversely affect the economic welfare of the nearby community.
7 ii. The exterior appearance of the structure of the proposed use will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration or substantially diminish or impair the property values within the neighborhood.
C. Public Convenience or Necessity.
1. Applicability.
The Planning Commission shall make the determinations of public convenience or necessity (PCN) relating to the sale of alcoholic beverages (including beer and wine) required by Cal. Business and Professions Code § 23958.4.
2. Finding of Public Convenience or Necessity (PCN).
When required by the ABC regulations, the decision-making authority shall also consider adoption of a finding of public convenience or necessity (PCN). Applications for a finding of PCN shall be made, reviewed, and considered in accordance with this Section 17.24.150. Findings. A determination of public convenience shall be based upon the following findings:
a. The public convenience would be served by the establishment of the proposed use. b. The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages.
c. The proposed use would not be detrimental to the public health, safety, or welfare. d. The proposed use would not increase the severity of existing law-enforcement or public-nuisance problems in the surrounding area.
e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan.
17.24.030 Automobile Service Stations.
A. Purpose.
These standards regulate the development, operation, and maintenance of automobile service stations, including those offering gasoline, diesel, electricity, hydrogen, compressed natural gas, propane, or other emerging fuels. The intent is to ensure safe operations, a clean and orderly appearance, and effective mitigation of impacts such as traffic, congestion, excessive pavement, lighting, litter, hazardous materials, and noise.
B. Applicability.
These standards apply to new construction and reconstruction or major renovations of automobile service stations. These standards shall not be so construed as to replace or reduce any minimum zoning, building, or other municipal code requirements of more general application; provided, however, that whenever the requirements of this section are more restrictive, or impose greater minimum requirements, the requirements of this section shall control.
8 C. Development and Design Standards.
1. Minimum site area, minimum street frontage, and building or structure size. a. A minimum site area of 22,500 square feet is required for automobile service stations with ancillary uses such as minor auto repair, convenience stores, quick service restaurants, automated car washes, or similar uses. A minimum street frontage of 150 feet and a building size of at least 1,200 square feet, exclusive of canopies, are required. One accessory structure up to 150 square feet is permitted. b. A minimum site area of 15,000 square feet is required for automobile service stations limited to fuel sales only. Ancillary uses are prohibited. A minimum street frontage of 125 feet is required. One building up to 600 square feet, exclusive of canopies, is permitted.
2. Building setbacks.
Table 17.24.030-1 Building Setbacks for Automobile Service Stations Buildings/structures setback (ft) Front
(ft)
Rear
(ft)
Interior side
(ft)
Street side
(ft)
Buildings for car wash, convenience store,
quick service restaurants, or automobile repair
services
25 5 5 20
Fuel/pump islands and canopies 20 20 20 20
Buildings/structure adjacent to single-family,
multi-family or mixed-use zones
25 25 25 25
Accessory structures such as trash enclosure
areas, public telephone booth
25 5 5 25
Ancillary equipment/devices such as air
compressors
25 5 5 25
3. Maximum lot coverage is 40 percent of the total lot size, including the canopy. The canopy may not cover more than 20 percent of the lot area.
4. Traffic and driveways.
a. Provide a maximum of two driveways or means of access for an automobile service station.
b. The minimum driveway opening is 25 feet and the maximum is 40 feet in width.
No more than 35 percent of the street frontage may be used for curb cuts. c. Driveways must be at least 20 feet from the end of a curb corner or a common property line. The director may approve deviations if site constraints are demonstrated and all other development standards are met.
9 d. Any driveway provided at the rear of the building shall be a minimum width of 15 feet.
e. Submit a traffic study analyzing traffic flow and patterns during fuel tank deliveries and when all fueling stations are fully occupied. The study is subject to review by the Director and the City Engineer.
5. Pump islands.
a. A minimum distance of 20 feet is required between the centerlines of two pump islands, and between the centerline of a pump island and the building face. b. Each pump island must provide stacking space for at least two vehicles behind the vehicle at the pump closest to any entrance or exit driveway. c. Canopies over pump islands must have a minimum clearance of 16 feet to allow vehicle movement and accommodate oversize vehicles.
6. Canopy design.
a. Canopy design must match the architectural style of the primary building. b. Provide decorative materials and caps to the base of the pump island columns for a minimum of 6 feet.
c. Canopy fascia shall match the color and texture of the primary building. Corporate branding color stripes may be allowed up to a maximum of two sides of the canopy. d. Provide architectural treatment to the top of the canopy roof, such as, but not limited to, a pitched roof, a mansard roof, and a decorative cornice. e. All light fixtures must be recessed and not projected below the canopy that creates glare and spillage.
7. All other site development standards, including but not limited to public improvements, parking and loading requirements, equipment and trash enclosure screening, walls, fences, and screening, lighting, performance standards, and property maintenance,shall be in accordance with CMC Chapter 17.22 General Development Standards.
8. Landscaping. In addition to the landscaping standards in CMC Section 17.22.060, the following requirements apply:
a. Provide a raised planter with a minimum size of 650 square feet at the intersection of two or more streets.
b. Maintain a minimum 10-foot-wide landscaped area in the front and street-side yard setbacks for planting trees, shrubs, and ground cover.
9. Signage shall comply with the CMC Chapter 17.26.
B. Operational Standards
1. Location of Activities. All services, activities, and operations must be conducted entirely within the enclosed ancillary structure(s), except as follows:
a. The dispensing of fuel products from pump islands, vehicle charging, air and water services, and the display of proposed tanks for sale.
10 b. Minor emergency repairs, including replacement of headlights, turn indicator bulbs, or windshield wipers.
2. Automobile service stations shall be limited to the sale of motor fuels and lubricating oils, as well as new and used tires, windshield wiper blades, fuel tank caps, radiator pressure caps, radiator hoses, hydraulic and cooling fluids, automobile lamp replacements, spark plugs, batteries, and other replacement parts.
3. Repairs or replacements that require removing the transmission or differential, body and fender repair, painting, tire recapping, or upholstery are prohibited.
4. Product deliveries to an automobile service station may occur at any time, except at sites adjacent to residential zones, where deliveries are prohibited between 10:00 p.m. and 6:00 a.m.
5. All automobile service stations must provide public restrooms, air, and water facilities for customers.
6. Alcohol sales in conjunction with a convenience store must comply with CMC
17.24.020, and are subject to a conditional use permit and permits from the State Alcoholic Beverage Control Department.
7. Outdoor display or storage of products for sale is prohibited unless the city approves an administrative use permit in accordance with CMC 17.24.230.
8. Hazardous Materials. Obtain all necessary permits for the storage and use of hazardous materials. All automotive fluids shall be recycled or removed in accordance with applicable state and federal standards.
9. Propane Tank Sales. Propane tank displays must be located outside required setback areas and be stored securely. The city may require landscaping or other screening to conceal propane tanks from public view.
10. Mechanical Equipment. All hydraulic hoists and pits, all equipment for lubrication, greasing, automobile washing, and permitted repairs shall be enclosed entirely within a building.
11. All ground-mounted gasoline vapor recovery units and venting pipes must be partially enclosed with a six-foot-high decorative solid-screen wall and landscaping. These units may not be located in any required setback area. The city may approve deviations if site constraints are demonstrated and all other development standards are met.
12. Automatic Car Wash.
a. Applicants shall provide a queuing study prepared by an independent traffic engineer licensed by the State of California. The applicant shall provide the study at its own expense.
b. Applicants shall provide a noise study prepared by an independent acoustical engineer licensed by the State of California. The applicant shall provide the study at the applicant's sole expense.
11 13. Trash Receptacles. Place trash receptacles at the building entrance and at each pump island. The premises must be kept free of litter or waste. Remove waste or litter from receptacles at least once each day the business is open.
C. Discontinuation of an Automobile Service Station Use or Structure. An automobile service station that has been legally established and conforms to all standards of Title 17 shall not be re-established if such use has been discontinued for a continuous period of 12 months or more.
D. Legal Nonconforming. Any automobile service station that is lawfully operating in the city, does not conform to the provisions of this chapter, and was legally established prior to the date this section was adopted shall be considered a legal nonconforming use. Except as provided below, legally established nonconforming automobile service stations and ancillary uses on the site of such stations shall be subject to CMC Section 17.04.090, Nonconforming structures, Uses and Parcels.
1. Modifications to existing automobile service stations or ancillary uses. Automobile service station uses, and structures related thereto, shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use unless in compliance with the provisions of this chapter. If conformity with standards adopted pursuant to this chapter causes hardship due to the existing configuration of on-site buildings or structures, a variance may be applied for, pursuant to CMC Section 17.20.050.
17.24.040 “Battery Energy Storage System Facilities.
A. Purpose.
This section establishes standards for the installation and use of battery energy storage system facilities. The standards are intended to protect the health, welfare, safety, and quality of life of the general public, ensure compatible land uses in areas affected by battery energy storage facilities, and mitigate the environmental impacts of battery energy storage facilities.
B. A Battery Energy Storage System Facility shall require a conditional use permit in the Industrial (I) zone, per CMC Chapter 17.12.020. The conditional use permit shall not be approved unless the Battery Energy Storage System Facility application addresses the operational standards necessary to protect public health, safety, and general welfare, including, but not limited to, the following:
1. A Commissioning Plan to document and verify that the system and its associated controls and safety systems are in proper working condition;
2. Fire Safety Compliance Plan;
3. Operation and Maintenance Manual;
4. Emergency Operations Plan;
12 5. Noise Study;
6. Decommissioning Plan; and
7. Procedural manual for safe shutdown and safe start-up following cessation of emergency conditions.
C. Except for a Noise Study, the above-listed plans shall be reviewed and approved by the Los Angeles County Fire Department.”
17.24.050 Body Art Facilities.
A. Purpose
The regulation of the tattoo and/or body art facilities is necessary to ensure that their secondary effects do not pose a threat to residents of the City of Covina, or lead to blight and loss of property values of residential neighborhoods and businesses in close proximity to such uses, and to protect against harmful impacts on other sensitive land uses. This chapter contains content-neutral regulations to address such negative secondary impacts while providing sufficient avenues of communication for those wishing to open and operate tattoo and/or body art facilities, and providing a reasonable number of locations for such facilities to locate within the city
B. Definition.
“Body art facility” means the specified building, section of a building, or vehicle where body art is performed, as more specifically defined in CMC Chapter 5.38, Body Art Practitioners and Establishments.
C. Zoning and Land Use Standards
1. Body art facilities are allowed in zones where they are listed as permitted or conditionally permitted uses in the Use Tables of CMC Chapter 17.10, Commercial Zones.
2. Standards for body art facilities shall be as follows:
a. Except as otherwise provided in this chapter, each body art facility must comply with CMC Chapter 5.38 Body Art Practitioners and Establishments. b. The body art facility shall be designed to screen body art performed on a client's “specified anatomical areas,” as defined in CMC Section 17.24.010, Adult Oriented Businesses, from view by persons outside the facility. Signage, advertising, or images depicting “specified anatomical areas” shall not be placed in the windows or be visible to persons outside the facility.
c. Body art facility signage shall comply with CMC Chapter 17.26 Sign Regulations. d. Any design or modification to a site or building where a body art facility proposes to locate shall remain subject to site plan review under CMC Chapter 17.04 Land Use Entitlements, Permits, and Planning Applications.
13 3. Body art cannot be provided as an accessory to other permitted uses, such as a barber and/or beauty shop, without first complying with this chapter's provisions, and cannot be operated as an in-home business.
17.24.060 Cannabis Regulations and Prohibitions
A. Purpose
It is the purpose and intent of this chapter to implement the provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the city’s residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this chapter to regulate cannabis microbusinesses in a responsible manner to protect the health, safety, and welfare of the residents of the city and to enforce rules and regulations consistent with state law.
B. Definitions
For purposes of this chapter, the following definitions shall apply. All definitions pertaining to cannabis regulation that appear in Business and Professions Code Section 26001, as codified by the MAUCRSA, are hereby incorporated by reference. Any California code sections set forth below shall include any amendments that are made to those sections. “Applicant” means a person or entity that submits an application for a conditional use permit under this chapter.
“Cannabis” has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis business” means a cannabis microbusiness.
“Cannabis business permit” means a permit issued by the city, pursuant to Chapter 5.80 CMC, to a cannabis business that must be obtained before any commercial cannabis activity may be conducted in the city.
“Cannabis microbusiness” has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis microbusiness” means a commercial cannabis business comprised of at least three out of the following four uses on the same premises: (1) a
14 cannabis retailer, (2) a manufacturer, (3) a cultivation site with canopy space of less than 10,000 square feet, and (4) a cannabis distributor. To qualify as a cannabis microbusiness, the cannabis business must engage in a minimum of three out of the four above referenced uses.
“Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code. “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Cannabis retailer” has the same meaning as in Section 26001 of the California Business and Professions Code and shall mean any establishment which engages in the retail sale of cannabis for medical or adult-use purposes consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
“Canopy space” means all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site. When cannabis plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants) each plane shall be counted towards the total canopy space.
“Commercial cannabis activity” has the same meaning as in Section 26001 of the Business and Professions Code. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products. “Conditional use permit” or “permit” means a permit issued pursuant to Chapter 17.62 CMC.
“Cultivation” has the same meaning as in Section 26001 of the Business and Professions Code. “Cultivation” means any activity involving the planting, growing, harvesting, or trimming of cannabis.
“Cultivation site” means a location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
“Day care center” has the same meaning as in Section 26001 of the Business and Professions Code. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age childcare centers, and childcare centers licensed pursuant to Section 1596.951 of the Health and Safety Code.
“Delivery” has the same meaning as in Section 26001 of the Business and Professions Code. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
“Director” means the director of community development. “Distribution” has the same meaning as in Section 26001 of the Business and Professions Code. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
15 “Distributor” has the same meaning as in Section 26001 of the Business and Professions Code. “Distributor” means a cannabis business that is authorized to engage in the distribution of cannabis and cannabis products.
“Fully enclosed and secure structure” means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure must have valid electrical, plumbing, and building permits, if required by other provisions of this code. “Indoor commercial cultivation” means the commercial cultivation of cannabis by a cannabis business that occurs within a completely enclosed building that is not a greenhouse or other similar agricultural structure.
“Indoors” means within a fully enclosed and secure structure. The term “indoors” shall only apply to the cultivation of cannabis for personal use. “Licensee” has the same meaning as in Section 26001 of the Business and Professions Code. “Licensee” also means any person holding a license to engage in commercial cannabis activity issued by the Department of Cannabis Control. “Manufacture” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
“Manufacture area” is the area of the cannabis business site where cannabis or cannabis products are manufactured.
“Manufacturer” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacturer” means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. “Manufacturing site” means a cannabis business that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Outdoor commercial cultivation” means the cultivation of cannabis by a cannabis business that occurs outdoors or within a greenhouse or other similar agricultural structure, and includes “mixed-light cultivation” and “outdoor cultivation.” “Outdoors” means any location that is not within a fully enclosed and secure structure. “Owner” means any of the following: a person with an aggregate ownership interest of 20 percent or more in the cannabis business, unless the interest is solely a security, lien or encumbrance; or an individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:
1. A member of the board of directors of a nonprofit.
16 2. A general partner of a commercial cannabis business that is organized as a partnership.
3. A nonmember manager or manager of a commercial cannabis business that is organized as a limited liability company.
4. The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.
5. An individual with the authority to provide strategic direction and oversight for the overall operations of the commercial cannabis business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
6. An individual with the authority to execute contracts on behalf of the commercial cannabis business.
7. When an entity is an owner in a commercial cannabis business, all entities and individuals with a financial interest in the entity shall be disclosed to the city and may be considered owners of the commercial cannabis business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or nonmember managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
“Person” shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
“Possession” means to have, own, control, or possess.
“Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully permitted to be used as a residence. “Secured area” is all cultivation areas, manufacture areas and storage areas, and includes areas where cannabis or cannabis products are loaded onto vehicles or other conveyances for delivery or transportation.
“State license” means any license required by the state of California for the operation of a cannabis business, including but not limited to licenses issued under Division 10 of the Business and Professions Code.
“Storage area” is any area where cannabis or cannabis products are stored. “Youth center” means:
1. any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
a. Private youth membership organizations or clubs;
b. Social service teenage club facilities;
c. Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business; or
17 d. Similar amusement park facilities; and
e. Must be used for youth activities at least 60 percent of the time in a calendar year.
2. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county, or state parks.
3. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. Notwithstanding the foregoing, any pizza parlor with a video arcade where 10 or more video games operated shall be considered a “youth center.”
C. Conditionally Permitted Uses and Prohibitions
1. Except as expressly authorized pursuant to this title, all commercial cannabis activity is prohibited in the city.
2. Cannabis businesses shall only be permitted in the following zones:
3. Cannabis retailers (delivery only and/or storefront sales) shall be permitted only in the CC community commercial zone (central business), and RC regional commercial zone (highway).
4. Cannabis microbusinesses shall be permitted only in the light manufacturing zone.
5. The outdoor cultivation of cannabis by any person is prohibited within the city limits.
6. Any indoor cultivation for personal use that does not meet the standards set forth in this section is prohibited.
D. Permits and Approvals Required
1. Conditional Use Permit. Every property for which a cannabis business is proposed to be established, maintained, operated, or conducted in the city shall obtain a conditional use permit, pursuant to CMC Chapter 17.04, as modified by this section.
2. Cannabis Business Permit. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the city shall obtain a cannabis business permit pursuant to Chapter 5.80 CMC.
3. Business License. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the city shall obtain a business license.
4. State License. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the city and every property for which a cannabis business is proposed to be established, maintained, operated, or conducted shall obtain all state licenses for the activity to be conducted.
5. Development Agreement. Before commencing any commercial cannabis activity and as a condition of issuance of a conditional use permit, an applicant shall enter into a
18 development agreement with the city setting forth the terms and conditions under which the cannabis business will operate, which is in addition to the requirements of this chapter. These conditions shall include, but not be limited to, public outreach and education, payment of community benefit fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation), provisions for termination of the agreement or invalidation or revocation of the conditional use permit, indemnification of the city and all officials and employees thereof from actions by third parties, including but not limited to, enforcement of conflicts between state and federal law, or actions challenging the issuance of a permit to the cannabis business, and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the city.
6. Operation and Management Plan. Before commencing any commercial cannabis activity, the cannabis business shall submit an operation and management plan to the Director for approval by the Director and Chief of Police. The operation and management plan shall, at minimum, address the following: the security measures that will be implemented to protect the customers and employees as well as the general community; water preservation; financial record keeping; procedures for safely and securely storing and transporting cannabis and cannabis products; inventory control; accounting measures; identify any hazardous materials that may be used by the business and how they will be stored and disposed of; how currency will be stored and taken off site; any other information requested by the Director and Chief of Police.
7. Duty to Maintain Copies of All Permits, Licenses, Permits and Conditions of Approval.
A copy of all conditional use permits, cannabis business permits, business license, state license, or other permit or license required by the city, county, or state for the establishment or operation of a cannabis business shall be maintained on site along with all conditions of approval associated thereof. Such permits may be inspected from time to time by city, county or state representatives or law enforcement personnel and shall be furnished immediately upon request. The on-site manager, in addition to the property owner, business owner, or representative, shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval.
E. Compliance with State and Local Laws and Regulations It is the responsibility of the owners and/or operators of any cannabis business within the city to ensure that they operate in a manner compliant with this chapter, all applicable state and local law, and any other regulations promulgated thereunder, including but not limited to the MAUCRSA.
F. Procedures and Findings for Approval of Conditional Use Permit
1. A conditional use permit shall be processed in accordance with the procedures set forth in Chapter 17.04 CMC, Conditional Use Permits, with the following exceptions:
a. Any provision that requires the approval by the planning commission with appeal to the city council shall be replaced with the requirement that the planning commission make a recommendation on the conditional use permit and that the approval of such permit shall be made by the city council.
19 b. Any procedures pertaining to noticing and the setting of a public hearing before the planning commission shall also apply to the city council.
2. An applicant for a conditional use permit shall comply with the California Environmental Quality Act (“CEQA”). No conditional use permit shall be granted to a cannabis business until the requisite CEQA review has been conducted.
G. Development Standards
All cannabis businesses shall comply with the following requirements, and the following applicable requirements of this section shall be deemed conditions of all conditional use permit approvals. Failure to comply with applicable requirements contained in this code shall be grounds for revocation of any permit issued in compliance with this code.
1. Underlying Zone Standards. The establishment of a cannabis business shall comply with all applicable city zoning site development standards of the zone in which the cannabis business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the city, except as explicitly modified by this chapter. Nonconforming uses or properties must be brought into conformity with all applicable standards, including, but not limited to, parking, landscaping, and signage.
2. Maximum Number. A maximum of one cannabis business shall operate in the city for every 15,000 residents, with any fraction of that ratio being rounded down to the nearest whole number.
3. Proximity to Sensitive Uses. No cannabis business shall be established or located within 600 feet of a school providing instruction in kindergarten or any grades one through 12, a day care center, a youth center, or a park. The distance between any cannabis business and any school, day care center, youth center, or park shall be measured in a straight line, without regard to the boundaries of the city and intervening structures, from the nearest property line of the site containing the cannabis business to the nearest property line of the school, day care center, youth center, and park.
4. Cannabis Microbusiness. A cannabis microbusiness shall comply with the development standards for each component of the business. For example, if a cannabis microbusiness is comprised of a cultivation site, distributor and cannabis retailer, then it shall comply with the development standards for each of those uses. In the event of any conflict between the standards, the director shall determine which standards apply.
5. Cultivation.
a. Outdoor commercial cultivation is prohibited.
b. Indoor commercial cultivation shall not exceed 10,000 square feet of cultivation area.
c. The cultivation area shall comply with licensing requirements established by the California Department of Cannabis Control.
d. Secure Area. The secure area shall be fully enclosed within a minimum six-foottall fence or wall. All loading, unloading and distribution areas shall be screened
20 from view from the right-of-way by the building or solid masonry wall no less than six feet.
e. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage. f. The cultivation of cannabis shall at all times be operated with all applicable state and local laws and shall be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cultivation site, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis. g. The operations and management plan identified in CMC 17.24.060(D)(6) shall include a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel; and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.
The operations and management plan shall also include a description of a legal water source, irrigation plan, and projected water use and identify the source of electrical power and plan for compliance with applicable building codes and related codes. The operations and management plan shall also address public nuisances that may derive from the cultivation site.
6. Manufacturing
a. The manufacture of cannabis products shall be undertaken in a manner that ensures the health, safety, and welfare of the public, the employees of the cannabis business, visitors, and neighboring properties, and must be in full compliance with state law. b. It is unlawful for any person under the age of 21 to be present within the area where the manufacture of cannabis products is occurring.
c. It is unlawful for any person to employ another person under the age of 21 at a cannabis manufacturing facility.
d. Entrances into any area where cannabis products are made, stored, or kept must be locked at all times with entry strictly controlled. The specifics of such entry system must be set forth in the operations plan.
e. It is unlawful for the manufacturing site to be open to the public.
7. Distribution
a. Transportation safety standards, in addition to those imposed by the state of California, shall be approved by the chief of police including, without limitation, the type of vehicles in which cannabis or cannabis product may be distributed, and minimal qualification for persons eligible to operate such vehicles.
21 b. A list of the make, model and license plate of all vehicles used for distribution shall be registered with the police department before a vehicle may be used to transport cannabis and cannabis products.
c. A person conducting distribution shall comply with requirements of Business and Professions Code Section 26070(c) through (n).
8. Cannabis Retailers.
a. Cannabis retailers may operate as a delivery only model, storefront sales only, or both storefront sales and delivery.
b. No cannabis retailer that sells cannabis or cannabis products for adult use shall be open to the public between the hours of 9:00 p.m. and 9:00 a.m. Consistent with state law, the city shall not restrict the hours of operation of a cannabis retailer that sells cannabis or cannabis products for medicinal use.
c. Cannabis retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of 18 years. If the customer is 18 to 20 years old, a cannabis retailer shall confirm the customer’s possession of a valid doctor’s recommendation and/or Health and Safety Code Section 11362.71 identification card (medical marijuana card). For adult-use purchases, cannabis retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
d. Individuals must show their government-issued identification in order to gain access into the cannabis retailer. The government-issued identification and, if applicable, doctor’s recommendation or medical marijuana card must also be shown at the point- of-sale station at the time of purchase. Doctor recommendations shall not be obtained or provided at the retail location. A cannabis retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician’s recommendation. e. Cannabis retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access. f. All restroom facilities shall remain locked and under the control of management. g. The cannabis retailer shall notify patrons of the following through posting of a sign in a conspicuous location:
i. Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.
ii. Loitering on and around the cannabis business is prohibited by California Penal Code Section 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the cannabis retail site or on the property or in the parking lot.
22 iii. A warning that patrons may be subject to prosecution under federal cannabis laws.
iv. That the use of cannabis may impair a person’s ability to drive a motor vehicle or operate machinery.
h. Cannabis retailers shall only serve customers who are within the permitted premises, or at a delivery address that meets the following requirements:
i. The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises. ii. Cannabis retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within a motor vehicle. iii. No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
iv. All cannabis goods sold by a retail business shall be contained in child-resistant packaging.
i. Cannabis retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the purchase and sale of cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
j. Limited Access Areas. A cannabis retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the cannabis retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the cannabis retailer, shall be escorted at all times by an employee of the permittee. A cannabis retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the city manager, police chief, or their designees upon request. k. Delivery. Prior to commencing delivery operations, a cannabis retailer shall provide the following information to the city:
i. Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
ii. The year, make, model, color, license plate number, and numerical vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
iii. Proof of insurance for any and all vehicles being used to deliver cannabis goods. iv. The cannabis business shall provide the city with the information required by this section in writing for any new vehicle that will be used to deliver cannabis or cannabis goods prior to using the vehicle to deliver cannabis or cannabis
23 goods. The cannabis business shall provide the city with any changes to the information required by this section in writing within 30 calendar days.
H. Security
1. A cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business.
The specific security measures shall be identified in the operations plan. Except as may otherwise be determined by the city manager and/or chief of police, these security measures shall include, but shall not be limited to, all of the following:
a. Perimeter fencing and exterior lighting systems (including motion sensors) for after- hours security as approved by the police chief and/or the community development director where applicable.
b. Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the police department. c. Establishing limited access areas accessible only to authorized cannabis business personnel.
d. All finished cannabis goods at non-retail cannabis businesses shall be stored in a secured and locked vault or vault-equivalent during non-operating hours. All safes and vaults used to store cash and/or cannabis goods shall be burglary-resistant and fire- resistant. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss. e. Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
f. Panic buttons shall be installed in all cannabis businesses with direct notification to the police department dispatch and shall be configured to immediately alert dispatch for the police department.
g. A professionally installed, maintained, and monitored real-time alarm system shall be installed by a security company licensed by the State of California Bureau of Security and Investigative Services. The cannabis business shall maintain up-todate records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises. h. A cannabis business shall only use commercial-grade, nonresidential door locks. i. Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building. j. Security personnel shall be on site during regular business hours and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel
24 and shall be subject to the prior review and approval of the police chief, with such approval not to be unreasonably withheld.
k. Cannabis businesses shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. l. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (a) an employee of the cannabis business; or (b) a licensed security professional.
m. Each cannabis business shall have an accounting software system in place to provide point-of-sale data as well as audit trails of both product and cash, where applicable.
n. Each cannabis business shall demonstrate to the police chief, city manager or their designee’s compliance with the state’s track and trace system for cannabis and cannabis products.
o. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises. p. Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
q. Installation of “mosquitos” (high-pitch frequency devices) as a deterrent to vandalism/loitering.
2. Video Surveillance. The cannabis business shall install 24-hour security video surveillance cameras of at least high-definition (HD) quality with a night vision capability, and must record in color. The video surveillance system shall meet the following requirements and shall be included in the operations plan:
a. All entrances and exits to and from the cannabis business must be monitored by the video surveillance system. All entrances and exits to the cannabis business shall be recorded from both indoor and outdoor vantage points.
b. All interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur must also be monitored by the video surveillance system.
c. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. d. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means.
e. The video security system must be compatible with software and hardware utilized by the city as determined by the police chief and set forth in the operations and management plan.
25 f. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 90 days. The video surveillance system specifications must be set forth in the operations plan before the city issues a certificate of occupancy for the facility. g. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the cannabis business of any prolonged surveillance interruption and/or the complete failure of the surveillance system. h. A cannabis business is responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored area. All video surveillance equipment shall have sufficient battery backup to support a minimum of four hours of recording in the event of a power outage.
i. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities at the cannabis business. j. The video surveillance system shall be capable of recording all predetermined surveillance areas in any lighting conditions. If the cannabis business has a cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes.
k. Areas in which cannabis is grown, cured, manufactured, or stored shall have camera placement in the room at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment. l. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.
m. At least one camera must be dedicated to record the access points to the secured surveillance recording area.
3. Each cannabis business shall identify a designated security representative/liaison who shall be reasonably available to meet with the city manager and/or chief of police regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current operations and management plan, that shall include a security plan, on the premises of the business, to present to the city manager and/or chief of police upon request that meets the following requirements:
a. Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. b. Identifies all managers of the cannabis business and their contact phone numbers. c. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager’s office.
26 d. Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
e. Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, any adjacent property under the cannabis business’s control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.
4. The cannabis business shall cooperate with the city whenever the city manager and/or chief of police makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter.
5. A cannabis business shall notify the city manager within 24 hours after discovering any of the following:
a. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the city manager. b. Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
c. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business.
d. Any other breach of security.
6. Compliance with the foregoing requirements shall be verified by the city manager and/or chief of police prior to commencing business operations. The city manager and/or chief of police may supplement these security requirements once operations begin.
I. Additional Performance Standards
1. Restriction on Alcohol and Tobacco Sales or Consumption. A cannabis business shall not allow the sale, dispensing, or consumption of alcoholic beverages, tobacco, or hookah on the premises of the cannabis business.
2. Restriction on Cannabis Consumption. A cannabis business shall not allow the consumption of cannabis, cannabis products, or hookah on the premises of the cannabis business.
3. Graphics. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the cannabis business, or on any of the vehicles owned or used as part of the cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.
4. Reporting and Tracking of Product and of Gross Sales. Each cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. The cannabis business shall ensure that such information is compatible with the city’s recordkeeping systems. In addition, the system must have the capability to produce historical transactional data
27 for review. Furthermore, any system selected must be approved and authorized by the city manager prior to being used by the permittee.
5. All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the state and local regulations.
6. Emergency Contact. Each cannabis business shall provide the city manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.
7. Signage and Notices.
a. In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of this title, sign regulations of the city, including, but not limited to, seeking the issuance of a city sign permit.
b. No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
c. Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited. d. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way.
e. Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.
8. Manufacturing, Storage and Distribution Areas. All manufacturing, storage and distribution shall be within a fully enclosed building or accessory structure, except that outdoor loading docks may be used for loading for distribution provided the loading docks are fully screened from public view by a building or solid masonry wall as provided above.
9. Cleanliness. All exterior areas of any cannabis business, including the building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris. The cannabis business shall comply with Chapter 9.65 CMC regarding graffiti removal and prevention.
10. Lighting. A cannabis business shall comply with the city’s lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding, and secure the necessary approvals and permits as needed. For a standalone cannabis business, the cannabis business shall ensure that minimum lighting levels in exterior building and parking lot areas are adequate for the safe operation of vehicles and other modes of travel. The cannabis business shall submit an exterior lighting plan that includes a
28 photometric survey of proposed light standards, heights, fixtures, light sources, spacing and shielding.
11. Noise. A cannabis business shall comply with all applicable standards of Chapter 9.40 CMC.
12. Odor Control. A cannabis business shall comply with the applicable standards of CMC
9.42.020. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the cannabis business, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. Failure to control odors from being detectable from outside the cannabis business shall constitute a public nuisance and shall be grounds for suspension or revocation of the conditional use permit. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the director or his/her designee(s) determine is a more effective method or technology:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and
b. An air system that creates negative air pressure between the cannabis business’s interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.
13. Minors.
a. Persons under the age of 21 years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a mobile delivery service.
It shall be unlawful and a violation of this chapter for any person to employ any person at a cannabis business who is not at least 21 years of age. b. The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the cannabis business.
c. Notwithstanding the above, persons aged 18 to 20 years shall be allowed on the premises of a cannabis business if they can produce a physician’s recommendation.
In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician’s recommendation.
14. Signage. From a public right-of-way, there should be no exterior evidence of the manufacturing or cultivation of cannabis or cannabis products except for any signage authorized by this code.
15. Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated cannabis business permit.
29 16. Cannabis Waste. All waste and disposal containers shall be stored in a secure area, and under the control of the cannabis business’s staff.
17. Windows. All windows of the cannabis business shall be secured and all cannabis securely stored.
18. Compliance With Other Laws. A cannabis business, and all operations conducted therein, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes.
19. Copies of State Permits. The applicant shall provide the city with copies of all applications, plans and security plans submitted to the state for a state license.
20. Parking. On-site parking shall be provided as follows:
a. Cannabis Retailers. One parking spot for each 200 square feet of gross floor area plus one parking spot for each employee, unless otherwise determined by the director pursuant to a traffic and parking study.
b. Cannabis Microbusiness. One parking spot for each employee on the maximum working shift, or not less than one parking spot for each 500 square feet of gross floor area, whichever amount is greater, unless otherwise determined by the director pursuant to a traffic and parking study.
c. If the director determines that a traffic and parking study is warranted, such study shall be at the applicant’s expense and review may be made by filing a separate application and making payment of established fees. A determination of the number of parking spaces that must be provided by the cannabis business may include, but shall not be limited to the following considerations: A traffic/parking study supports the finding that the number of parking spaces actually needed for the development is less or greater than that required by the code; traffic and pedestrian safety will not be affected by the modification of parking requirements; and that any reduced parking will not impact the health, safety and welfare of the public. The determination may also be conditioned to ensure compliance with the findings and the intent of this chapter and to ensure that additional parking spaces will be provided per code requirements should demand for parking increase on site.
J. Promulgation of Regulations, Standards, and other Legal Duties
1. In addition to any regulations adopted by the city council, the city manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of cannabis business permits, the ongoing operation of cannabis businesses and the city’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.
2. Regulations shall be published on the city’s website.
3. Regulations promulgated by the city manager shall become effective upon date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the city manager.
K. Limitations on City’s Liability
30 1. To the fullest extent permitted by law, the city does not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any cannabis business approved under to this chapter.
2. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following:
a. Execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the operation of the cannabis business, issuance of a permit to a cannabis business, or the prosecution of the cannabis business or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws; b. Maintain insurance in the amounts and of the types that are acceptable to the city council or designee; and
c. Reimburse the city for all costs and expenses, including but not limited to legal fees and costs and court costs, which the city may be required to pay as a result of any legal challenge related to the city’s approval of the conditional use permit or cannabis business permit or related to the city’s approval of a cannabis activity. The city, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.
L. Indoor Cultivation for Personal Use
1. The indoor cultivation of seven or more cannabis plants in a private residence is prohibited.
2. The indoor cultivation of six or fewer cannabis plants in a private residence shall be permitted to the extent permitted by state law, and subject to the following standards:
a. The maximum number of cannabis plants that may be cultivated per private residence is limited to six, regardless of the number of persons that reside in the private residence. Only one person may register for each private residence, and a person may not register at more than one private residence in the city. b. The cultivation shall only occur either inside of a private residence, or inside of a fully enclosed and secure structure located upon the grounds of a private residence. c. Cultivation lighting shall not exceed 600 watts. The cultivation shall not draw more power than the structure and electrical service is designed to handle and shall not constitute a fire hazard.
d. The use of compressed gases, including but not limited to carbon dioxide and butane, for cultivation or processing is prohibited.
e. The property shall remain at all times a private residence with a legal and functioning kitchen, bathrooms and bedrooms for their intended use and such cultivation shall not prevent the property’s primary use as a residential use. The cultivation activities shall be conducted in a manner that maintains a clear and unobstructed path to outdoor window(s) and interior door(s) at all times.
31 f. If cultivation occurs in a garage, it shall be conducted in a manner that does not reduce required off-street parking.
g. The cultivation area shall include an adequate ventilation and filtration system to ensure that odors from cultivation are not detectable beyond the subject property, and shall be designed to prevent mold and moisture in order to protect the health and safety of persons inhabiting the residence.
h. Any chemicals used for cultivation shall be properly and safely stored outside the habitable area of the residence.
i. The cultivation shall not use more water than is reasonably required to cultivate the maximum number of permitted cannabis plants.
j. The cultivation area shall comply with all applicable provisions of the building and fire codes.
k. The cultivation area shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts and shall not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
l. The maximum plant height of any indoor cultivated cannabis plant shall not exceed six feet, as measured from the base of the floor to the highest point of the cannabis plant(s).
m. The fully enclosed structure where the cannabis cultivation is occurring must have valid building, electrical, and plumbing permits, if applicable. n. Any cannabis cultivation that does not meet the requirements set forth in this section is prohibited, is unlawful and constitutes a public nuisance.
M. Exceptions
1. To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person 21 years of age or older from:
a. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than
28.5 grams of cannabis not in the form of concentrated cannabis; b. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis; c. Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code Section 11362.3;
d. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons 21 years of age or older without compensation whatsoever; or
e. Engaging in the indoor cultivation of six or less live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a
32 private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code Sections 11362.1 and 11362.2, and to the extent that such cultivation complies with CMC 17.24.050(L).
2. This chapter shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.
3. This chapter shall also not prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to the MAUCRSA.
N. Violations and Penalties
In addition to any other enforcement permitted by Chapter 17.02 CMC, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 17.02 CMC, this chapter does not authorize a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 17.02 CMC and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
O. Public Nuisance Prohibited
It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge of any parcel within the city to create a public nuisance in the course of cultivating, manufacturing, selling, or distributing cannabis or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:
1. Odors which are disturbing to people of reasonable sensitivity or present on adjacent or nearby property or areas open to the public.
2. Repeated responses to the cannabis business by law enforcement personnel.
3. A repeated disruption to the free passage of persons or vehicles in the neighborhood, or excessive noise, exceeding the noise levels set by Chapter 9.40 CMC, which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.
4. Any other impacts on the neighborhood that are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the building, excessive vehicular traffic or parking occurring at or near the cannabis business, and excessive noise emanating from the cannabis business.
5. Outdoor growing and cultivation of cannabis.
17.24.070 Drive-through Facilities.
33 A. Types of Drive-through facilities.
The following uses may include drive-through facilities:
1. Pharmacies and Drug Stores.
2. Banks and Credit Unions.
3. Eating places such as restaurants, fast food restaurants, and cafes.
4. Dry cleaning and laundry services.
5. Other land use deemed appropriate by the director, as determined pursuant to the procedures established in Chapter 17.04.070 CMC.
B. Development Standards.
The following standards shall govern the establishment and operation of drive-through facilities:
1. Development Standards. Uses incorporating drive-through facilities shall comply with each of the following development standards:
a. Minimum lot area shall be one-half acre and may be reduced when the establishment is within an integrated commercial center or as modified by the planning commission.
b. Maximum lot coverage shall not exceed 40 percent of the lot area. c. The minimum gross floor area incorporating a drive-through facility shall be 2,000 square feet, excluding associated outdoor seating areas. d. Setbacks. Building setbacks shall follow the requirements of the underlying commercial zoning districts.
e. An additional setback is required when the lot is adjacent to residentially zoned properties or residential land use. The building, including the drive-through lane and windows, shall maintain a minimum 25-foot landscaped setback from street property lines
f. Maximum building height shall not exceed 35 feet.
2. Parking. The parking requirements shall comply with Chapter 17.22.090 CMC. The gross floor area for outdoor seating shall be subject to the same parking requirements.
3. Site Design.
a. Buildings shall be oriented toward the street with drive-through lanes, pick-up windows, and off-street parking spaces oriented toward the rear or side yards. b. Decorative low garden walls shall be provided to screen the parking lot and the drive-through lane from the view of the public street.
c. All service and loading areas shall be screened from public view to the extent possible.
34 d. Pedestrian routes shall not cross driveways or stacking lanes to reach the building’s entrance.
e. Site design shall minimize pedestrian and vehicle conflicts by creating opportunities for courtyards, plazas, outdoor seating areas, and landscaped pathways that promote safe and convenient pedestrian movement. f. Pedestrian access and coordinated site furnishings to enhance the bus stops, if near or adjacent to the project site, shall be required as feasible. g. Outdoor seating areas shall be oriented close to the main building entries, and design the area as an integral part of the project and not simply left-over areas of a site.
h. Reciprocal access between adjacent parking areas shall be provided, where feasible, so that vehicles are not required to enter the street in order to move from one area to another on the same or adjacent sites.
i. The number of curb cuts shall be minimized to reduce pedestrian conflicts along the street and encourage walkability and accessibility. j. All utility mechanical equipment such as electric and gas meters, electrical panels, cable boxes, and junction boxes must be located in a utility room within the building.
k. Any outdoor mechanical equipment on a roof, side of a structure, or on the ground shall be screened from public view. The screening method must be architecturally integrated with the building design in terms of materials, color, shape, and size.
4. Drive-Through Lane Design. The following requirements apply to any use with drivethrough facilities:
a. Each drive-through lane shall be separated from the circulation routes necessary for ingress and egress from the property or access to any parking spaces. b. Drive-through lane shall have a minimum width of 12 feet. c. Each drive-through lane shall provide clear pavement markings for the entrance and direction of traffic flows.
d. Discourage stacked drive aisles that create conflict. e. Drive-through restaurants must submit a traffic study to determine the vehicle stacking capacity and the design and location of the ordering and pick-up windows.
The traffic study shall address the following issues:
i. Nature of the product or service being offered.
ii. Method by which the order is processed.
iii. Time required to serve a typical customer.
iv. Arrival rate of customers and peak demand hours.
v. Anticipated vehicular stacking required.
35 5. Architecture.
a. Building entries shall be located toward the street where a pedestrian can access directly off the public sidewalk to define the street frontage and denote pedestrian areas.
b. Prototypical, corporate architecture and color schemes shall be avoided. The use of fluorescent paints and bright colors is prohibited.
c. Building elevations shall have articulation. Avoid blank walls by:
i. Varying the planes of the exterior walls in depth and/or direction, and adding window openings and/or entrances and other relief;
ii. Adding vertical pilasters, which may reflect the internal building structure; iii. Adding vertical trellis, green screens, or other landscape features; iv. Changing color and texture along the wall surface;
v. Adding trims, projections, and reveals along different wall surfaces; and vi. Articulating the building facade by varying juxtaposition of building elements. d. Covered walkways at building street frontages and decorative overhead trellis shall be provided for outdoor seating areas. Use the same materials and colors for the covered walkways as with the building.
e. Ladders for roof access shall be from the inside of the building. f. Storefront windows shall be kept clear and visible to the public right-of-way, free of any frosting or window treatments that obstruct visibility into the business. g. A decorative covered structure over the pick-up windows shall be provided to add depth and variation to the facade.
6. Landscaping and Lighting
a. The minimum on-site landscaping shall equal 10 percent of the lot area, excluding the required front, side, and rear yards.
b. Comply with the landscaping requirements of CMC Section 17.22.060. c. Trees shall be planted within parking lots to provide heat-reducing shade. Select evergreen and canopy shade tree species for a parking lot. d. Any play structures shall be placed indoors. The indoor play structure shall be ancillary to the restaurant’s use and shall not dominate the main building. e. Lighting shall be provided within parking lots. The lights must be directed and shielded to prevent light and glare from intruding onto adjacent sites.
7. Signs. A sign program is required prior to the issuance of building permits and installation of any signs. Corporate signage shall not dominate the building facade.
C. Maintenance.
1. The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties.
36 2. Adequate trash containers shall be provided. The employees shall pick up trash originating from the site, both on site and within 50 feet of the site’s perimeter, daily.
3. No undesirable odor shall be generated on site.
4. All merchandise, wares, crates in the form of temporary and permanent storage, displays, and goods offered for sale shall be maintained wholly within the building.
Storage of any kind is contained completely within an enclosed structure.
D. Noise.
Noise emanating from sound systems, including intercom and public address systems, shall not be audible beyond the property line.
17.24.080 Drive-up Kiosks
Drive-Up Kiosks, as defined in the CMC Chapter 17.28 Glossary. The following requirements apply to any use of a drive-up kiosk:
A. Development Standards.
1. Drive-up kiosks shall be set back a minimum of 50 feet from all alleys, streets, highways, and on-site collector roads.
2. Kiosks shall be located at least 50 feet away from any other building.
3. Kiosks shall not be located where they conflict with pedestrian walkways or vehicular drive aisles.
4. The maximum building size shall be 100 square feet, and the building shall be affixed to a permanent foundation.
5. Kiosks shall have one-way drive-up lanes at least 12 feet wide.
6. Entrances and exits shall be clearly marked and not conflict with traffic movement in and around the commercial center.
7. The building and roof materials shall be in a natural color, require no painting, and be designed in the same architectural style as the primary buildings in the center. If no architectural style is established, the building design shall complement the center.
8. Lighting shall be indirect and not reflect on adjoining property.
B. Landscape Requirements.
1. A kiosk shall be surrounded by a minimum six-foot-wide landscape strip, except at the entrance, drive-up window, or walk-up window.
2. Planters shall be enclosed by a six-inch-wide reinforced, continuous curb at a height to be determined by the Director.
3. A detailed landscaping plan, including common and botanical plant names, quantities, sizes, heights, and spacing for each, shall be submitted for the Director’s review and approval.
C. Signs.
37 Signs shall conform to the sign regulations, except that only wall signs shall be permitted, no roof signs or signs above the building's ceiling shall be allowed, and no more than five percent of each wall may be devoted to signs.
D. Parking
One parking space shall be provided for each employee on duty. If parking spaces have been removed from the center property, they shall be replaced unless a surplus of spaces exists. In that case, a parking plan shall be submitted for the Director's review demonstrating how the overall property complies with city parking requirements.
E. Maintenance.
All facilities and landscape areas shall be continuously maintained and kept free of trash and debris.
F. Abandonment.
Removal of Abandoned Uses. Any drive-up kiosk that has been abandoned for 15 or more consecutive days shall be removed from the site at the director's request. Failure to remove the structure from the site within 30 days after receiving written notice may result in prosecution for a violation.
G. Violations.
Violations of any of the prescribed criteria for kiosks shall be cause for revocation and voiding of the permit and/or license, subject to the same public hearing procedures in CMC
17.02.120.
17.24.090 Drop-Off Bins
A. Location.
1. Shall be located in parking areas to avoid conflict with vehicular and pedestrian traffic.
2. Bins shall be set back at least 50 feet from all alleys, streets, highways and on-site collector roads.
3. Bins shall be located at least 50 feet from any buildings.
4. Bins shall be located on raised concrete pads at least six inches above the adjacent finished grade.
B. Landscaping.
There shall be at least two feet of raised planter around each drop-off bin or facility.
17.24.100 Gated Community Design Regulations
A. Design Features of Entry and Exit Gates.
1. Gate Material. The moving portion of the gate shall be constructed of material that is at least 80 percent open. Typically, wrought iron or other decorative material is used.
38 2. Lighting. Lighting fixtures shall be installed and maintained at the access points to ensure vehicle and pedestrian safety. The required lighting shall be automatically controlled to turn on during the hours of darkness.
3. Pedestrian Access. Each access point shall provide pedestrian access and a walkway that is separate from the driving lanes and links directly to the public sidewalk.
Pedestrian walkways shall meet all accessibility standards required by the Americans with Disabilities Act.
4. Emergency vehicle access is required. Each project must receive approval from the Los Angeles County Fire Department.
5. Turnaround feature. Each gate access point shall have an area that allows traffic to safely maneuver a turnaround when the gate is closed, in compliance with the Public Works Standard Drawing for Residential Project Gate Entrance.
6. Stacking area. Each access point shall show an area of sufficient length and width to safely stack traffic coming onto the property from the adjacent roadway, Public Works Standard Drawing of Residential Project Gate Entrance.
B. Access and Circulation Details.
1. The entry and exit gates shall comply with the Public Works Standard Drawing of Residential Project Gate Entrance.
2. No encroachment into publicly owned right-of-way. The gates, operating equipment and fencing shall be located wholly within the private portion of the property. The property line shall be clearly indicated on the site plan. Swing gates are not allowed to encroach into the public right-of-way. The drives, streets and lanes inside a gated community are to remain private.
17.24.110 Hotels and Motels.
A. Purpose.
This section establishes development standards and operational requirements for hotels to ensure high-quality development and to mitigate impacts such as crime, urban blight, and excessive use of public resources.
B. Occupancy standards.
1. Each hotel shall have at least 25 guest rooms, and no room shall be less than 280 square feet.
2. No hotel guest room shall be rented to any person for continuous occupancy for more than 30 consecutive calendar days, counting portions of calendar days as full days.
Hotel guest rooms may not be rented for less than one day.
C. Development Standards.
These standards shall not be so construed as to replace or reduce any minimum zoning, building, or other municipal code requirements of more general application; provided, however, that whenever the requirements of this section are more restrictive, or impose greater minimum requirements, the requirements of this section shall control.
39 1. Lobby size. The lobby must be at least 300 square feet, plus 25 square feet for every five rooms. It must be conveniently accessible to all entrances and corridors, and the front desk must be located to support employee and guest activities.
2. Setbacks. Comply with the following setbacks requirements:
Table 17.24.110-1 Setbacks for Hotels and Motels
Setbacks
(feet)
Abutting or Adjacent to ResidentiallyZoned Property Abutting or Adjacent to Non residentially-Zoned Property
Front 35 25
Interior Side 25 15
Street Side 25 20
Rear 25 feet for a two-story hotel or 35 feet in
building height measured from the peak or
the parapet of the roof; for each foot of
building height above 35 feet add 1.5 feet of
building setback up to a maximum of 60
feet.
3. Site layout, Parking, and Circulation.
a. Hotel projects shall be designed with the hotel building(s) plotted at the street/front building setback line, with the overnight parking area located at the rear or side of the building(s).
b. Hotel projects must align the primary (long) axis of the building parallel to the street. Alternatives may be considered for sites with narrow street frontages. c. Provide a separate guest drop-off area at the main entrance that does not interfere with the primary driveway network. The Planning Commission may waive the requirement for a separate guest drop-off area if the project includes additional amenities beyond the minimum required.
d. Parking spaces shall be located in areas that are readily accessible to all rooms and any ancillary uses.
e. Parking standards shall comply with CMC 17.22.xxx. Provide electric vehicle charging stations in accordance with CalGreen Standards. f. All buildings separated by a parking lot must be connected by pedestrian pathways at least ten feet wide, with shade structures and seating provided at intervals.
4. Equipment screening. All mechanical equipment and utility connections, including HVAC units, electrical meters, and gas meters, must be screened from public view.
Rooftop equipment must not exceed the height of the roof parapet that conceals it.
5. Comply with CMC Section 17.22.160 wall fences and screening.
40 C. Design Standards.
1. Hotel design must include varied design elements and colors to minimize monotony and repetition across all wall planes. Articulation is required on all elevations.
2. Hotel design must use materials that convey permanence and beauty, such as brick, stone, tile, marble, granite, concrete, steel, and glass, on all sides of the building.
3. Break up large wall expanses with varied heights, setbacks, color arrangements, facade elements, or landscaping.
4. Enhance pedestrian walkways with landscaped setbacks, planters, trees, stamped concrete, and other decorative features.
5. The main entrance shall be clearly visible from the abutting street and/or principal driveway area.
6. Incorporate a prominent feature at the main hotel entrance, such as a water feature, public art, or landscaping.
7. Use light-scaping, such as uplights and downlights, to accentuate the hotel's architectural design.
E. Landscaping Standards.
1. Comply with all applicable landscape standards of CMC Section 17.22.060.
2. At least 10 percent of the total site area must be landscaped, not including required setback areas.
3. Larger trees and shrubs must be placed at vehicular and pedestrian entrances and site focal points.
4. Provide a minimum 6-foot landscaped strip around buildings, excluding walkways, driveways, and parking stalls.
5. Provide a landscaped buffer at least 5 feet wide along all sides of parking lots that are not adjacent to a residential zone.
F. Amenities.
1. Provide the following minimum on-site amenities.
a. A pool and spa with an adjacent seating area. The pool and seating area must be buffered from any driveway, parking stall, or pedestrian walkway by a landscaped strip at least 7.5 feet wide. Pool areas shall be fully enclosed by a security fence five to six feet high, constructed of wrought iron, brick, or other ornamental materials.
b. A minimum of 10 square feet of conference meeting area shall be provided for each guest room. Such room(s) shall be conveniently accessible from the kitchen and service areas.
c. Each development may include the following ancillary uses: cafes, grab-and-go markets, gift shops, on-sale liquor, business services, and fitness centers.
41 d. The development shall include sufficient storage, janitorial, and related space to accommodate all maintenance and procurement operations.
2. Additionally, provide two of the following on-site amenities:
a. Valet parking
b. Spa services (if not provided as an amenity to meet one of the above requirements) c. An indoor pool;
d. Fire pits and an outdoor patio (if not provided as an amenity to meet one of the above requirements);
e. Indoor or outdoor recreation court (basketball, volleyball, etc.); f. A water play area;
g. Penthouse suites with full balconies;
h. Concierge services;
i. Participation in a regional airport shuttle service; j. Overnight laundry and dry-cleaning services;
k. Office space/workspace rental program;
1. Pet amenities, including, but not limited to, acceptance of cats and dogs in rooms, complimentary pet treats, availability of pet bedding, crates, food and water bowls, and a listing of local pet services, such as pet walkers, pet sitters, veterinarians, pet shops, and groomers. Pet play/exercise areas are strongly encouraged; or
3. Other amenities may be considered in lieu of one of the required amenities, subject to Director approval
G. A Market Feasibility Study is required. The City may hire a consultant to prepare the study or require the applicant to do so, subject to independent peer review. The applicant is responsible for all associated costs. The study must address at least the following:
1. A complete listing of proposed facilities, amenities, and services (e.g., number and type of rooms, meeting space square footage, recreational amenities, business services such as data ports, workstations, etc., in-room amenities such as refrigerators and microwaves, laundry service, food service such as restaurants or coffee shops, etc.
2. Provide details on the hotel's business model, ownership, and franchise.
3. Provide a business and financial history of the proposed developer and any potential operators, including principals, experience, years in business, capitalization, project list, number of units owned, average rates, and occupancy rates.
4. Assess whether the proposed hotel is financially feasible by addressing an unmet need for hotel rooms in the city. Include an analysis of the economic environment and projected future conditions that affect hotel operations and accessory uses.
5. Analysis of the proposed hotel's projected market base.
42 6. Three-and five-year projected occupancy rates, projected average daily rate for the proposed hotel, and revenue per available room trends for hotels within the city.
7. Estimate the hotel's market share for the first five years and indicate whether it will primarily attract guests from existing hotels in the city.
8. Analyze the economic impact on existing hotels, including estimated market dilution and any potential adverse effects on the financial viability of current hotels.
H. Public Safety Standards.
No hotel shall create an unreasonable or excessive demand for police services. To demonstrate compliance with this standard, an application for a hotel conditional use permit must include the following information:
1. A management plan that describes how the hotel will address potential criminal activities at the site.
2. A lighting plan that demonstrates how the hotel's proposed lighting will illuminate the site to the extent necessary for a peace officer to adequately observe the property from a patrol car.
3. A site plan designed to allow for visibility from the public right-of-way for peace officers in patrol vehicles.
4. Hotel operators must always maintain a current point of contact with the Covina Police Department and Los Angeles Fire Department for law enforcement, public health, and safety issues. A police and fire inspection is required when a hotel changes ownership or operator.
5. Hotel owners and employees must be trained to identify criminal activity.
6. Install a security camera system with access for the Covina police department.
Recordings must be retained for at least 30 days.
7. Hotels that provide entertainment shall obtain an entertainment permit.
17.24.120 In-Home Businesses and Cottage Food Operations A. In-Home Businesses and Cottage Food Operations.
In-Home Businesses and Cottage Food Operations may be conducted from a residence, subject to the following conditions:
1. No customers, clients, prospective customers, or clients shall visit the site to conduct or consider business.
2. No sales, delivery, or storage of merchandise shall be permitted at the residence except for limited storage of arts and crafts products made at the house.
3. The business shall not interfere with the use of the garage for parking purposes.
4. No commercial or identifying signs shall be used. The residential address shall not be used for advertising purposes or on any business stationery, fliers, cards, or handouts.
43 5. In no way shall the appearance of the structure or the activity therein be altered or conducted to be reasonably recognized as serving a nonresidential purpose.
6. The business shall not cause disturbances such as noise, odors, glare, smoke, temperature changes, electrical interference, or groundwater pollution.
7. No mechanical equipment shall be used, except that which is normal and customary for residential use. Equipment used shall be limited to 1.0-horsepower motors and shall be operated on normal household electrical current.
8. No person other than residents of the immediate household may be employed or engaged in the conduct of the business.
9. The following uses are expressly prohibited for consideration as a home occupation business: vehicular repair, firearms or weapon sales, and the manufacturing of substances or products.
10. Arts and crafts and similar hobby work are exempt from the prohibition against manufacturing if the businesses meets the following criteria:
a. Limit gross sales to a maximum of $20,000 per year.
b. Prohibit activities which can be heard on adjacent properties between 6:00 p.m. and 10:00 a.m., and on Sundays. Activities must comply with standard noise regulations between 10:00 a.m. and 6:00 p.m.
c. Prohibit activities and storage which are visible from adjacent properties or public rights-of-way.
11. Only in-home businesses that are found by the director or the designee to meet these standards and to be compatible with residential uses shall be permitted.
12. Once approved, the in-home business license shall be valid until December 31st of that year. Thereafter, the applicant shall apply for renewal; if approved, the license shall be valid until December 31st of the following year. Only one in-home license shall be permitted per household.
13. Cottage food operations may operate as in-home businesses, subject to compliance with the California Department of Public Health and the following requirements:
a. All cottage food businesses shall be limited to producing and selling the low-risk baked and shelf-stable foods as defined in Health and Safety Code Section 113758. b. Any foods not covered by Health and Safety Code Section 114365.5(a), including prepackaged foods and hot beverages (cocoa, coffee, cider, and tea), are prohibited from being sold by cottage food operations.
c. The sale of food by cottage food operations from residential properties shall be limited to the hours between 8:00 a.m. and 6:00 p.m.
d. Cottage food operations shall obtain all necessary health permits from the County of Los Angeles Department of Public Health (Environmental Health) before an inhome business license is issued.
44 17.24.130 Massage Facilities
A. Purpose and Intent.
The purpose of this section is to provide standards for massage establishments, where allowed in compliance with the Covina Municipal Code (CMC), Title 17 Zoning, and Title 5, Chapter 5.36 Massage Establishments. The City recognizes the potential for unlawful activities associated with massage therapy that can threaten the community's quality of life if not properly regulated. Prostitution and other businesses engaged in illegal activities may use the guise of a massage establishment to shroud their activities. They can pose significant risks to massage patrons and massage technicians when improperly or insufficiently trained or managed. The regulations established in this section are to protect the health, safety, and welfare of the residents and visitors of the City. They are consistent with all applicable laws of the State of California. This section provides clear direction and purpose for establishing and operating massage businesses in Covina.
B. Applicability.
This section applies to all businesses proposing to conduct massage, including accessory massage services or businesses as defined in CMC Chapter 5.36.
C. Massage Establishments.
Massage establishments as defined in CMC Chapter 5.36 shall be permitted in Community Commercial (CC) and Regional Commercial (RC) zones, provided that the massage establishment obtains a Conditional Use Permit pursuant to CMC Chapter 17.04, complies with the requirements of Chapter 5.36, and all other local and state requirements for such a use.
D. Accessory Massage Services.
Accessory massage services as defined in CMC Chapter 5.36 shall not be subject to the application of this Section or the requirements of Chapter 5.36. However, the primary business must obtain an Administrative Conditional Use Permit to include the accessory massage service as part of its business operation. The primary business must occupy at least 70% of the gross floor area of the business location.
E. Application-Massage Establishment.
Applications for massage establishments pursuant to Chapter 5.36 shall be filed with the community development department, together with the filing fee established by City Council resolution. The application shall be accompanied by information and materials determined necessary by the community development department and reasonably related to areas of lawful city concern and authority, including, but not limited to, a site plan, a floor plan, and documentation demonstrating that all licensing requirements have been met.
F. Approval-Massage Establishments.
In conjunction with the approval of a Conditional Use Permit or Administrative Conditional Use Permit (as applicable) pursuant to Chapter 17.04.020 CMC, a massage establishment may be approved unless the Planning Commission makes the following findings:
45 1. The applicant or any of the applicant's proposed employees, after a full hearing by administrative proceeding or state court, has aided and abetted any of the offenses listed in this section;
2. The applicant has made a false, misleading, or fraudulent statement or omission of fact to the city in the permit application;
3. The application does not contain all of the information required by this section;
4. The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, without limitation, health, zoning, fire and safety requirements, regulations, and standards;
5. The applicant has not satisfied the requirements of this chapter in the time specified; or
6. The location of the proposed massage establishment has within a twelve (12) month period prior to the submittal of the application:
a. Been the site of a violation of this chapter, or any similar criminal or civil ordinance, law, rule, or regulation of the State of California or any other public agency related to the operation of massage establishments and where an action for nuisance abatement has been sustained.
b. Been the site of a massage establishment that was closed due to criminal activity and where an action for nuisance abatement has been sustained. For purposes of this subsection, closure due to criminal activity includes voluntary closure of a massage establishment after there have been arrests at the location or other notices relating to criminal activity,
c. Been the site of a massage establishment where violations have not been addressed in the time specified in the notice of violation or administrative citation and where an action for nuisance abatement has been sustained.
G. Denial.
If the application is denied for failure to comply with this chapter, the applicant, owner, and operator of the massage establishment may not reapply for a period of five (5) years from the date the application was denied.
H. Noncompliance-Massage Establishments.
The planning commission may revoke approval of the massage establishment upon a determination at a public hearing that the above conditions or the conditions set forth in Chapter 5.36 are not being met. Notification of the hearing shall be in accordance with standard notice procedures. The applicant or any interested person may appeal the decision of the planning commission to the city council within 10 calendar days of the planning commission hearing. The applicant shall be responsible for all city enforcement costs associated with the revocation of a permit as a result of the violation of applicable conditions.
17.24.140 Mobile Food Truck Facilities
A. Permits and Approvals
46 1. The mobile food facility operator must have the express written permission of the site owner and the on-site business owner, if different, where it intends to operate.
2. The mobile food facility operator must possess a valid permit, certificate or other required approval from the Los Angeles County department of public health to sell food and/or beverages to the public.
3. The mobile food facility operator must possess a valid administrative conditional use permit for a mobile food facility and pay all applicable fees.
4. The mobile food facility operator must possess a valid city of Covina business license.
5. All food products sold or provided from the mobile food facility shall comply with all labeling requirements established by the state of California and the operator must obtain all required permits, including without limitation health permits, to sell or provide such items.
B. Operations and Sales
1. No alcoholic beverages, general merchandise or commercial sales other than food are permitted from a mobile food facility.
2. No amplified music or other sound may be emitted from a mobile food facility.
3. A mobile food facility may only sell food to the public between the hours of 2:00 p.m. and 9:00 p.m. on any day; provided, however, that a mobile food facility may occupy the site for up to one hour prior to opening and up to one hour after closing in order to setup and take down operations for that day.
4. No mobile food facility shall discharge any liquid (e.g. water, grease, oil, etc.) onto the site or into any public streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the operator;
5. An operator shall maintain a clearly designated litter receptacle in the immediate vicinity of the mobile food facility, marked with a sign requesting use by patrons. Prior to leaving the site, the operator shall remove of all trash generated by the operation and within a 25-foot radius of the mobile food facility;
C. Parking, Access, and Safety
1. While the mobile food facility is occupying the site, there must be sufficient remaining off-street parking to meet minimum requirements under the Covina Municipal Code and the mobile food facility may not obstruct access to the remaining off-street parking.
2. The mobile food facility may not sell or distribute any item in a manner than causes any person to stand in a public highway, alley or street.
3. No portion of a mobile food facility may encroach onto a public sidewalk, including any signage, equipment or furniture related to its operations.
4. Such other conditions as the City Manager, or designee may require to protect the health, safety and welfare of the community.
17.24.140 Model Home Sales Office