Covina City Council
September 15, 2026

1 FINAL DRAFT (JUNE 2026)
CHAPTER 17.16 MIXED-USE OVERLAY DISTRICT (MUOD)

17.16.010 Intent, Purpose, and Applicability

17.16.020 Definitions

17.16.030 Permitted and Conditional Uses

17.16.040 Accessory Uses

17.16.050 Uses not Listed

17.16.060 Property Development Standards and Special Development Regulations

17.16.070 Statement of Intent for Objective Design and Architectural Standards

17.16.080 Objective Design and Architectural Standards

17.16.090 Submittal Requirements and Applications

17.16.100 Applications, Submittal Requirements, Review Process, Approval, and Appeal Procedures

17.16.010 Intent, Purpose, and Applicability
A. The intent of this Mixed-Use Overlay District (MUOD) is to guide and regulate future mixeduse development in accordance with the policies and objectives of the Mixed-Use land use designation as established in the Covina General Plan. The MUOD establishes specific development regulations and design criteria and standards to achieve high-quality mixed-use projects, which can be applied on a project-by-project basis to areas designated General Commercial or Industrial in the General Plan.

B. The purpose of this MUOD is to:

1. Encourage mixed-use projects that combine residential and non-residential uses in the same building or on the same project/building site to create an active street life, enhance business vitality, and reduce the need for automobile travel.

2. Create cohesive yet diverse neighborhoods with expanded economic and cultural opportunities, enhancing livability and a healthier local economy.

3. Provide walkable neighborhoods with pedestrian-oriented amenities and connections.

4. Enhance the City’s appearance by considering the creative design of buildings, structures, and facilities.

5. Provide a meaningful blend of residential and non-residential uses that ensure compatibility within the project area and with surrounding uses and development patterns.

6. Encourage and facilitate in-fill development. Encourage consolidation of small parcels into larger, more viable, block-sized areas for mixed-use projects.

2 7. Provide a diversity of housing options and affordability, and accommodate live/work units and spaces that enable residents to live, work, and recreate closer to home.

8. Create more opportunities for residential development in the City.

C. Applicability.

1. The MUOD is an overlay zone. Uses allowed in the underlying zoning classification will continue to be allowed. The MUOD establishes regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments that benefit the City and future applicants. Applicants may either comply with the development and design standards and requirements established for the underlying zoning classification under the existing Zoning Code, or comply with the mixed-use development and design standards and requirements described in this Chapter.

2. Property classified with a MUOD shall be identified on the City’s Official Zoning Map by both the underlying zone and the MUOD, with the MUOD classification listed in parentheses after the underlying zoning classification.

17.16.020 Definitions
The following definitions apply to mixed-use development within the MUOD.

1. Floor Area Ratio. The Floor Area Ratio (FAR) regulates the amount of use (the intensity) allowed on a building lot. FAR is the measurement of a building's floor area relative to the size of the lot/parcel on which the building is located. FAR is expressed as a decimal and is calculated by dividing the building area by the lot area (building area ÷ lot area).

Figure 17.16.020-1 FAR Calculation

2. Lot Coverage. The percentage of the lot area covered by structures or buildings, including all accessory buildings such as detached recreation buildings, laundry buildings, carports or garages, and other similar detached structures. Not included in the lot coverage are trellises, patios, patio covers within common open spaces, and trash enclosure areas.

3. Live‐Work Unit or Space: A rental or owned unit that includes both living spaces and work areas, with the live-work unit serving as the occupant's primary dwelling. Typical uses include artist lofts, studio spaces, small offices, or similar low-intensity uses.

3 4. Maker Space Activities and Uses. Uses include artist studios and galleries; incubator industrial uses; 3-D printing services; wholesale and retail coffee with on-site roasting and a café; and research and technology uses, such as artificial intelligence, software, and audio and visual technology.

5. Mixed-Use Development. Projects that combine residential uses with other uses, such as commercial, office, light industrial, and institutional uses, along with pedestrian amenities and connections, within a single cohesive project. Both horizontal and vertical mixed-use development will be permitted as follows:
a. Horizontal Mixed-Use. Horizontal mixed-use projects enable a variety of uses within a single development area, with uses positioned next to one another, either in separate buildings or on separate parcels within a single project application. Internal streets and drives connect these adjacent uses with pedestrian walkways and pathways. The buildings and individual components may share features and support services such as parking, loading, servicing, and utility areas.
b. Vertical Mixed-Use. Vertical mixed-use projects allow a mix of uses within the same building, with non-residential uses on the ground floor and residential uses on the upper levels. A vertical mixed-use project may have a surface parking lot, subterranean parking decks, and/or above-ground parking decks.

6. Net acre. Net acre refers to the total land area remaining after dedicating land for a public street.

7. Research and Development. Work and activities aimed at innovating, launching, and enhancing products and processes.

17.16.030 Permitted and Conditional Uses.

A. If a new mixed-use development project is located within an Industrial Zone and proposes to develop a mix of residential and non-residential uses within the same project area, the following uses are permitted:

1. Residential Uses
a. Multiple-family dwellings, including townhouses, stacked flats, open-floor-plan lofts, apartments, condominiums, and similar housing types.
b. Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the provisions of CMC Chapter 17.20.080.
c. Live-work units. The living (dwelling) space must occupy at least eighty percent (80%) of the unit’s total gross floor area, while the workspace must be at least 500 square feet. The workspace within the live-work unit cannot be converted into an accessory dwelling unit. The following are permitted uses within live-work units:
i. Professional, administrative, and business uses
ii. Studios (art, photography, copywriter, film, video, podcasting) iii. Arts and craft studios, including sales and galleries

4 iv. Tutoring services for music, math, and other academic subjects, with a maximum of two students at a time.
v. Home-based cottage food business
d. Small Family Day Care (up to 8 children) and Large Family Day Care (up to 14 children).

2. Industrial Uses
a. Light manufacturing uses include making crafts, art, sculptures, stained glass, jewelry, clothing, small household furniture, and similar items. b. Furniture upholstery services, including custom home upholstery for chairs, couches, sofas, and more.
c. Craft brewery or winery production without on-site testing or sales. d. Research and development activities, including businesses that develop new technology, which can be used to create or sell new products, services, or systems. e. Technology-related fields, including computer and software development, electronics, and similar areas.
f. Podcast and small-scale video production.
g. Small-scale food preparation and/or packaging.
h. Bicycle sales and service.
i. Maker space activities and uses per Section 17.16.020(4).

3. Commercial Uses
a. Shared food and retail facilities, such as food halls. b. Cafés, tea shops, and restaurants (without serving alcohol). c. Small neighborhood markets (less than 5,000 square feet). d. Florists and plant shops.
e. Interior decorating services (without product warehousing). f. Professional, administrative, and non-medical office uses.

4. Community Spaces and Areas
a. Community spaces and areas, including plazas, open spaces, co-working spaces, and recreation areas.

5 b. Community spaces and areas within live/work buildings.

5. Uses permitted subject to a Conditional Use Permit (CMC Chapter 17.04.030) The establishment of the following conditionally permitted uses requires approval of a Conditional Use Permit under CMC Chapter 17.04.030 as part of a mixed-use development project, in addition to the Site Plan Review approval mandated by this Chapter and Chapter 17.04.
a. Craft brewery and winery with on-site tasting and sales. b. Personal training, gym and fitness centers, gymnastic schools, and health clubs (less than 5,000 square feet).
c. Religious and public assembly.
d. Catering services.
e. Research and development (R&D) and manufacturing of biotech, pharmaceuticals, and nutritional supplements. Incidental retail of the on-site manufactured product is allowed. The floor area for incidental retail spaces shall not exceed 10% of the gross floor area of the R&D and manufacturing use.

B. If a new mixed-use development project is located within Commercial Zones (NCO, CC, and RC) and proposes to develop with a mix of residential and non-residential uses within the same project area, as set forth in CMC Section 17.16.060, the following uses are permitted:

1. Residential Uses
a. Single-family attached, duplexes, triplexes, or four-plexes. b. Multi-family dwellings such as townhouses, stacked flats, apartments, condominiums, and similar housing types.
c. Accessory Dwelling Units and Junior Accessory Dwelling Units, subject to the provisions of CMC Chapter 17.20.080.
d. Live-work units. The living (dwelling) space shall occupy at least 80% of the unit's total gross floor area, and the workspace shall occupy at least 500 square feet. The workspace area within the live-work unit is prohibited from being converted into an accessory dwelling unit. The following are permitted uses within live-work units:
i. Professional, administrative, and business uses; and ii. Studios (art, photography, copywriter, video production, podcasting); and iii. Arts and craft studios, including sales and galleries; and iv. Tutoring services such as music, math, and other academic subjects, with a maximum of two students attending the tutoring service at any one time; and v. Home-based cottage food business.

6 e. Small Family Day Care (up to 8 children) and Large Family Day Care (up to 14 children).

2. Commercial uses.
a. All uses permitted under the Neighborhood Commercial Office (NCO), Community Commercial (CC), and Regional Commercial (RC) zones are permitted as part of a new mixed-use development project.

3. Conditionally permitted uses.
a. The conditionally permitted uses listed in Section 17.10.030 (Table 17.10.030-1) shall be allowed with the approval of a Conditional Use Permit under CMC Chapter

17.04.030 as part of a new mixed-use development project, in addition to the Site Plan Review approval required by this Chapter and Chapter 17.04.040.

17.16.040 Accessory Uses
The following accessory uses are permitted within a mixed-use project:

1. Parking lots associated with a mixed-use project.

2. Electric vehicle charging stations.

3. Public and private recreation facilities.

4. Mechanical utility equipment (Refer to CMC Sections 17.16.060 B10 and B12 and

17.22.040).

5. Dog parks.

6. Smart electronic lockers system, self-service package lockers system, or package lockers system kiosks.

17.16.050 Uses Not Listed
The Director may determine that a proposed use not listed in Section 17.16.030 may be allowed, subject to the provisions of CMC Chapter 17.04.080 Use Determination.

17.16.060 Property Development Standards and Special Development Regulations The following property development standards and special development regulations shall apply to any project developed pursuant to this Chapter.

A. Development Standards

1. Minimum Project Area Size
20,000 square feet

7 2. Density and Intensity
a. Residential Density
i. Less than 1.0 Acre: A minimum of 14.0 and a maximum of 22.0 dwelling units per net acre
ii. 1.00 Acre or greater: A minimum of 22.0 and a maximum of 40.0 dwelling units per net acre
b. Non-Residential Floor Area Ratio
i. Less than 1.0 Acre: 1.0 FAR (excluding any residential areas) ii. 1.00 Acre or greater: 1.25 FAR (excluding any residential areas) c. Mixed-use projects may develop under the maximum FAR for non-residential development and maximum density for residential development within the same project area provided all standards in this section, and other applicable sections in the CMC Title 17 are met. Notwithstanding the foregoing, a mixed-use project must dedicate at least 25% of the total gross floor area to non-residential use.

3. Lot Coverage, Building Setbacks, Building Heights, and Step-Back Standards for Horizontal and Vertical Mixed Uses – Table 17.16.060-1:
a. For Residential Uses. Except as established in this Section, all other regulations and standards of the Residential Zone (Multi-Family) shall apply. b. For Commercial Uses. Except as established in this Section, all other regulations and standards of the underlying NCO, CC, and RC zones shall apply. c. For Industrial Uses. Except as established in this Section, all other regulations and standards of the underlying I zone shall apply.
d. The following Lot Coverage, Building Setbacks, Building Heights, and Step-Back Requirements shall apply:

Table 17.16.060-1 Lot Coverage, Building Setbacks, Building Heights, and Step-Back Requirements
Standards Horizontal Mixed Use (1) Vertical
Mixed Use
(1)
Residential Commercial Industrial
Lot Coverage (Maximum) 45% 60% 60% 60%
Building Setbacks (feet) from Property Lines
Front setback (2) 15 10 10 10
Street side setback (2) 10 10 10 10
Alley setback 5 5 5 5
Interior side setback, adjacent to
single-family residential zones
10 10 10 10

8 Interior side setback, adjacent to
multi-family zones
10 10 10 10
Interior side setback, adjacent to nonresidential zones10 5 5 5 Rear setback, adjacent to singlefamily residential zones15 15 15 15 Rear setback, adjacent to multifamily zones10 10 10 10 Rear setback, adjacent to nonresidential zones10 10 10 10 Accessory Structures (feet) within
Front Yard
15 10 10 10
Accessory Structures (feet) from Rear, Street Side, and Interior Side Property Line Detached garages or carports, other
detached accessory structures such as
trash enclosure areas, covered patio,
etc.
5 5 5 5
Building Height (feet)
Maximum building height 50 50 50 50
Building Step-back (feet) from Property Line
Third story and above: step-back
from street side and interior side
when adjacent to single-family
residential zones
15 15 15 15
Third story and above: step-back
from rear when adjacent to singlefamily residential zones 20 20 20 20

4. Minimum Separation Between Buildings Within the Project Site Area for Residential, Non-Residential, or Mixed-Use Buildings, Pursuant to Table 17.16.060-2 below:

Table 17.16.060-2 Minimum Separation Between Buildings Within Project Site Residential, Non-Residential, or
Mixed-use Buildings
1- Or 2-Story
(distance in
feet)
3-Story
(distance in
feet)
4-Story or More
(distance in feet)
Residential buildings adjacent to
commercial, industrial or mixeduse buildings
20 20 20
Building side to building side 10 15 15
Building front to building front 15 20 25
Building rear to building rear 10 15 15
Building side to drive aisle curb 5 10 15
Garage, carports or accessory
structures to habitable buildings
10 10 10
Other 10 10 10
B. Special Development Regulations

9 1. A licensed Architect, Landscape Architect and/or Civil Engineer shall prepare the development plans for any mixed-use project.

2. Ground Floor Height. The minimum height of all non-residential spaces on the ground floor within vertical mixed-use projects shall be 15 feet. The height shall be measured from the finished floor of the first story to the floor of the second story. Plans must show that the floor space will accommodate equipment and ventilation for the non-residential tenant’s use.

3. Grease Interceptors and Vertical Mechanical Vents. All commercial spaces must install grease interceptors and vertical mechanical chases for venting. The grease interceptors shall be located underground and connected to the infrastructure. Residential units above commercial spaces shall include mechanical shafts extending to the roof. Development plans must indicate the locations of grease interceptors and the vertical mechanical chase.

4. Sound and Vibration Insulation. Install sound and vibration insulation between floors in mixed-use vertical projects to ensure noise levels stay below 60 decibels from 7:00 AM to 10:00 PM, and below 45 decibels from 10:00 PM to 7:00 AM. An acoustical study shall identify the sound and vibration reduction measures needed to minimize noise from ground-floor tenants.

5. Access, Circulation, and Mobility. The design of access and circulation improvements must accommodate multiple users with different abilities and transportation mode preferences, such as driving, biking, walking, ride share, and taking transit. Use shared driveway access to serve multiple properties. Each driveway access shall be aligned with the driveway across the street or at a median opening. If alignment is not possible, driveway access shall be offset a minimum of 150 feet from those on the opposite side of the street. Design must not create conflicts between vehicles and pedestrians.

Figure 17.16.060-1 Access and Circulation

6. Pedestrian Orientations, Connections, and Amenities. Provide clear delineation of pedestrian walkways or bike trails with decorative pavement materials, landscaping, and lighting for safety. Incorporate a minimum of 5 pedestrian amenities, including but not

10 limited to decorative pavement, trellises and arbor features, site furniture, shade structures, wider sidewalks, curb extensions, parklets, benches, and canopy-shaped evergreen shade trees. Decorative pavement materials shall be either heavy broom finished integral color concrete, acid finished natural concrete, or brick pavers, or a combination of the mentioned materials.

7. Fences and Walls. The maximum height for fences and walls shall be 6 feet. Within the front yard area, the maximum fence and wall height shall be 3 feet and must feature an open design with wrought iron and decorative pilasters. Fences and walls shall match the materials, finished textures, and colors of the primary buildings and structures in the project. They shall incorporate at least two of the following features: a minimum two-foot change in plane every 25 lineal feet; use of pilasters at 50 lineal foot intervals; construction from concrete block with stucco, split face block, or slump block; or pilasters with wrought iron.

8. Off-Street Parking. Parking standards for residential and non-residential uses shall follow the parking requirements set forth in CMC Chapter 17.22.090. Parking incentives are as follows:
a. The first 1,000 square feet of commercial or non-residential floor area is exempt from parking requirements.
b. Two-car tandem parking shall be allowed to meet the residential parking requirements. c. For horizontal mixed-use development, the residential project may share nonresidential parking spaces as residential guest parking, up to a maximum of 50% of the total required residential guest parking. Pedestrian pathways with a direct and safe route from the residential project to the shared parking spaces, connecting to the nonresidential project, shall be provided. d. For vertical mixed-use project, required parking spaces can be reduced by 10% if the mixed-use project includes all of the following features: a minimum of 2 parking spaces designated for pick-up and drop-off spots for ride-hailing services, at least 1 loading space (14-foot width by 25-foot length) for parcel delivery services, and at least 1 smart electronic lockers system, and at least three 4-space bike racks.

9. Signs. Signage can be of varying shapes, types, styles, and color combinations. Canister and box signs are prohibited. A Sign Program must specify the sign types, locations, sizes, colors, materials, and text and lettering for each building and use, in accordance with CMC Chapter 17.26. A Sign Program shall be approved prior to the issuance of a building permit.

10. Screening of Equipment, Refuse Storage, and Loading Areas. Roof-mounted equipment shall be totally screened by parapet walls. Ground-mounted equipment, wall-mounted equipment, refuse collection areas, and loading areas shall be hidden from public view.

Screening design, including colors, materials, and finishes, shall match the architecture and design of the primary building(s).

11. Lighting. Exterior building lighting enhances visibility and safety by illuminating sidewalks, pedestrian paths, and plazas. The light fixtures shall match the architectural style of the main buildings. The maximum height of light poles from the finished surface to the top of the light fixture shall be 20 feet. Energy-efficient LED lights with shields shall be used. The light illumination shall not exceed 1 footcandle at the property line. The

11 applicant shall submit a photometric plan or diagram prepared by a licensed engineer to demonstrate compliance with the standard of 1 footcandle at the property line.

12. Placement of Utilities, Meters, and Transformers. All utility, meter, and transformer equipment shall be hidden from public view and must be shown on the site plan. All ground-mounted equipment, including but not limited to transformers and AC units, must be fully screened by a decorative screen wall, landscaping, or a combination of both. Wallmounted equipment shall match the building’s architectural style in terms of colors and materials.

13. Roof access shall be within the building. Any proposed exterior ladder for roof access must be hidden from public view and integrated into the building's design.

14. Common Open Spaces. Horizontal and vertical mixed-use developments are required to provide common open spaces at a minimum of five percent (5%) of the total project site area. Setback areas shall not be used to satisfy common open space requirements.

Common open space shall have sixty percent (60%) landscaping improvements. Common open spaces must provide at least 3 different types of the following list of common open spaces:
a. Outdoor plazas. Outdoor plazas shall include the following amenities: drinking fountains, water features, trash cans, accent lighting, and other enhancements that encourage public use and social gathering. Outdoor plazas for vertical mixed-use projects shall be sited at locations with a visual connection to the public realm. b. Rooftop gardens.
c. Passive open space areas.
d. Community gardens.
e. Recreation centers.
f. Courtyards.

15. Incentive for Public Art. Installing one piece of public art in an outdoor plaza allows a 1% reduction in the required common open space, lowering it from five percent (5%) to four percent (4%) of the total project site area. Public art may be a standalone sculpture or statue, integrated into the building façade, or applied to a surface, such as a mural, and must be maintained for the life of the project. Public art must be three-dimensional and monumental in scale. “Monumental in scale” means that at least one dimension is 5 feet or larger.

16. Residential Private Open Spaces. Residential units require 100 square feet of private open space per unit. Private open space may include balconies, ground-level patios, or a combination of both.

17. Permitted Height Projections Above Limit for Vertical Mixed-Use Developments as follows:
a. A maximum of 10 feet of vertical height projections above the otherwise applicable building height limit is allowed for decorative features, including spires, cupolas, or rooftop open space features (including sundecks, trellises, and landscaping). Such decorative features may cover a maximum of 20% of the roof area. The decorative features must be set back from the exterior wall of the building by 1 foot for each 1 foot of projection above the height limit.

12 b. A maximum of 16 feet of vertical height projections above the otherwise applicable building height limit is allowed for elevators and stair towers. Elevators and stair towers may cover a maximum of ten-percent (10%) of the roof area. The elevator and stair tower must be set back from the exterior wall of the building by one foot for every foot of projection above the height limit.

17.16.070 Statement of Intent for the Objective Design and Architectural Standards A. Promote diversity of uses. Increase the diversity and range of uses and activities, such as housing, retail, services, offices, and civic and community facilities. A diversity of uses will attract activities at different times of the day and at appropriate locations. It strengthens the connection between people and places and promotes better urban design.

B. Integrate with existing neighborhoods. Minimize potential negative impacts on neighboring properties by transitioning the size, scale, and character of the mixed-use development with adjacent uses and neighborhoods.

C. Promote pedestrian orientation. Incorporate a pedestrian-friendly site design with direct walking and bicycling connections within the site and to surrounding areas. The design shall provide pedestrian-oriented architecture, well-defined street edges, active ground floors, and attractive building details.

D. Offer flexible transportation and parking strategies. Consider lowering parking requirements if a mixed-use development meets or offers these provisions: proximity to local or regional transit lines or routes within half a mile; implement innovative solutions such as shared parking, car-sharing, and electric vehicle charging stations; and incorporate Transportation Demand Measures (TDM) to reduce vehicle miles traveled (VMT).

E. Promote attractive design and create a focal point for the community. Mixed-use developments are typically located at higher-profile locations and along major arterial and secondary roads. This serves as a community focal point for the neighborhood(s). Features shall provide easy access by foot; provide transit, bicycle, gateway, or landmark elements; and incorporate inviting gathering places that allow community activities.

F. Promote environmental sustainability by integrating green building techniques and infrastructure into design to efficiently use energy, water, and materials, while reducing waste.

17.16.080 Objective Design and Architectural Standards
Mixed-use developments subject to this Chapter are required to comply with the required threshold of the objective design and architectural standards listed under Table 17.16.080-1.

Table 17.16.080-1 Table of Objective Design and Architectural Standards Objective Design and Architectural Standards Included
(Yes/No/NA)

13 I. Integrate with existing neighborhoods – must comply with all standards in this subsection I to meet threshold
1 Front porches and individual entries shall face the street or common open space. a. All ground-level units shall include an individual entry, porch, patio or terrace. b. A minimum of 50% of the upper-story units shall include a balcony or terrace.

II. Site Planning and Parking – must comply with 3 of 5 standards of this subsection II to meet threshold
1 Parking areas shall be located in the rear or interior of the lot/parcel or shall be screened from public right-of-way with landscaping and hedgerows (5-gallon size evergreen shrubs planted at 4 feet on center).
2 Loading areas shall be hidden from the street.
3 Vertical mixed-use buildings with 3 stories or more shall provide a minimum of 20 feet distance buffering from any property line adjacent to property zoned as a single-family residential zone. Landscaping, drive aisle, parking, or a combination of any of these features may encroach within the 20-foot distance buffering.
4 Parking areas shall include at least two of the following shade elements such as trees, vine covered trellises, and overhead solar panels. 5 For residential projects, a cluster or a row of units shall have a lateral shift or a complete break of at least 3 feet after every 3 units to avoid one continuous monotonous building setback.

III. Architectural Standards – must comply with 7 of 10 standards of this subsection III to meet threshold
1 Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a 3-foot recess or pop-out architectural feature.
2 Incorporate into building facades human-scale detailing such as reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, arched columns, etc. Building design must incorporate at least a minimum of 4 mentioned detailing. 3 Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of 4 feet; a change in roof pitch; a change in roof form with respect to the direction of slopes; or the inclusion of dormers, towers, or parapets.
4 Provide non-habitable front porches and/or patios, which may project into the front yard setback by 5 feet for residential uses. Area of the front porch shall be a minimum of 45 square feet.
5 For non-residential use, building design shall include all of the following required architectural elements: awnings, towers, covered arcades, or porticos. 6 Locate all entries and entryways to be directly visible and accessible from the public sidewalk. Corner buildings shall have corner entries. 7 For non-residential or mixed use buildings, incorporate at least 3 building materials to add color, texture, variation, and interest. Acceptable building materials are stucco, tiles, concrete, stones or brick veneer, steel, or glass.

14 8 For residential buildings, incorporate at least 3 building materials to add color, texture variation, and interest. Acceptable building materials are stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.
9 Employ accent materials such as tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims, etc., to add color, textures, and visual interest. Must incorporate at least 3 accent materials. 10 Buildings that are 3 stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/parapet cap), and the top floor or cornice/parapet cap. Each of these elements shall be distinguished from one another through the use of the techniques listed in 10a, 10b, and 10c:
a. Variation in building modulation for a minimum of 70% of the length of the façade through changes in wall planes that protrude or recess with a minimum dimension of 3 feet.
b. Variation in façade materials through the use of at least 2 of the following: size, texture, pattern, or color.
c. Variation in fenestration, through the following: incorporating a step-back, recession or projection with a minimum depth of 3 feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15%.

IV. Project Landscape and Hardscape – must comply with all standards of subsection IV to meet the threshold
1 Landscaping design and density shall incorporate the following features and requirements:
a. 1 tree per 20 lineal feet of building perimeter and project boundaries. b. 15-gallon minimum for tree size; thirty-percent (30%) of the total trees at 24-inch box-size trees; 5-gallon size shrubs; and ground cover at 12 inches on center c. Provide a mix of thirty-five-percent (40%) evergreen trees, thirty-five-percent (30%) deciduous trees and thirty (30%) flowering accent trees. d. Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.
e. Provide evergreen and canopy shape trees for parking areas. Plant parking lot trees at a rate of 1 tree per 5 parking spaces and provide shade for over fiftypercent (50%) of the parking area within 15 years (CAL Green Code). f. Use drought-tolerant planting and water-efficient irrigation. 2 Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent for hardscape within common open space.

V. Project Amenities – must comply with 2 of 5 standards of subsection V to meet the threshold
1 Incorporate one piece of public art within the outdoor plaza area. 2 Provide at least 1 innovative community feature including, but not limited to, a dog park for the project, outdoor dining and gathering areas, or at least one 1 or more secured parcel and package locker areas or other similar community features.
3 All buildings are Energy Star Certified.
4 Commercial use: Incorporate rooftop decks for restaurants, which will be counted towards the required common open space for total project site area.

15 5 Residential use or vertical mixed-use buildings: Incorporate a minimum of 500 square feet of interior community and shared co-workspace with office equipment and high-speed WIFI.

17.16.090 Submittal Requirements and Applications
Submittal of new development, construction, additions, renovations, and alterations of existing structures and site areas shall comply with the requirements described in CMC Section 17.04.040 Site Plan Review, as well as any other requirements deemed necessary by the Director. The applicant shall prepare and submit plans, materials, studies, and reports according to the City's submittal checklists.

All submitted plans, including elevations, site plans, design plans, grading plans, utility plans, and others, shall be prepared by licensed architects and engineers. The applicant is responsible for submitting written materials demonstrating that the proposed project conforms to all Property Development Standards, Special Development Regulations (Section 17.16.060), and Objective Design and Architectural Standards (Section 17.16.080) of this Chapter, in the format or checklist prescribed or issued by the Director.

17.16.100 Applications, Submittal Requirements, Review Process, Approval, and Appeal Procedures
A. Mixed-use projects that meet the requirements of this Chapter shall be reviewed in accordance with the Site Plan Review CMC Chapter 17.04.040.

B. Planning Commission’s Authority. Pursuant to CMC Chapter 17.02.080, the Planning Commission shall have the authority to approve, approve with conditions, or deny a project application under the MUOD.

C. Appeal Process and Procedures. The appeal process and procedures of Chapter 17.02.090 shall apply.

1 FINAL DRAFT (JUNE 2026)
CHAPTER 17.18 AFFORDABLE HOUSING

MIXED-USE OVERLAY DISTRICT (AHMUOD)

17.18.010 Intent, Purpose, and Applicability.

17.18.020 Definitions.

17.18.030 Mixed-Use Projects.

17.18.040 Stand-Alone Residential Projects.

17.18.050 By-Right Approval Process for AHMUOD

17.18.010 Intent, Purpose, and Applicability.

A. The purpose of this Affordable Housing and Mixed-Use Overlay District (AHMUOD) is to encourage the development of housing, and especially affordable housing, as a means of meeting the city's obligations under state law to provide opportunities for housing developments in accordance with the Regional Housing Needs Assessment (RHNA) and the City's RHNA allocation.

B. The AHMUOD is an overlay zone. Uses allowed in the underlying zoning classification will remain permitted. The AHMUOD provides the City with the necessary regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments or 100 percent residential projects that benefit the city and future applicants. Applicants can choose to comply with either:

1. The development and design standards and requirements established with the underlying zoning classification per the existing zoning code; or

2. The development and design standards and requirements described in this chapter.

C. Property classified with the AHMUOD shall be identified on the City's official Zoning Map by both the underlying zone and the AHMUOD by listing the (AHMUOD) classification with parentheses after the underlying zoning classification.

17.18.020 Definitions.

A. Lower Income Households. The term "lower income households" shall have the same meaning as that term is defined in Health and Safety Code Section 50079.5.

B. Total Units. The term "total units" shall have the same meaning as that term is defined in Government Code Section 65915.

17.18.030 Mixed-Use Projects.

A. Mixed-use projects developed pursuant to this AHMUOD shall comply with all provisions of CMC Sections 17.16.030 through 17.16.080, inclusive, except that projects seeking approval under this chapter shall include at least 50 percent of the total gross floor area of

2 the project for residential use and the minimum density standard for a site less than one acre identified in CMC Section 17.16.060(A)(2) shall be 20 units per acre.

B. Mixed-use projects seeking approval under this chapter shall proceed through the approval process outlined in CMC Section 17.16.100, unless the proposed project includes at least 20 percent of the total units as affordable for lower-income households, in which case the approval process in CMC Section 17.18.050 applies.

17.18.040 Stand-Alone Residential Projects.

A. Any property designated with AHMUOD may develop a stand-alone (100 percent) residential development, subject to the following requirements:

1. The residential density shall be a minimum of 22 and a maximum of 40 dwelling units per net acre.

2. Except as required in this section, all regulations and standards of the Residential zone (multi-family) pursuant to CMC Chapter 17.08 and the adopted multi-family objective design standards pursuant to Ordinance 21-09 shall apply. In the case of a conflict, the standards included in this section shall control.

3. The project shall comply with all of the following objective design and architectural standards:
a. Porches, Entries, Balconies, Patios, and Terraces.
i. Front porches and individual entries shall face the street or common open space.
ii. All ground-level units shall include an individual entry, porch, patio, or terrace. iii. A minimum of 50 percent of the upper-story units shall include a balcony or terrace.
b. Site Planning and Parking.
i. Any surface parking areas shall include at least two of the following shade elements: trees, vine-covered trellises, and overhead solar panels. ii. A cluster or a row of units shall have a lateral shift or a complete break of at least three feet every three units to avoid one continuous monotonous building setback.
c. Architectural Standards.
i. Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a three-foot recess or pop-out architectural feature. ii. Incorporate into building facades at least four of the following human-scale detailing features: reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, and arched columns.
iii. Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of four feet; a change in roof pitch; a change in roof form with respect to the direction of slopes, or the inclusion of dormers, towers, or parapets.

3 iv. Provide non-habitable front porches and/or patios, which may project into the front yard setback by five feet. Area of the front porch shall be a minimum of 45 square feet.
v. Incorporate at least three of the following building materials into each building:
stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.
vi. Employ at least three of the following accent materials/features into each building: tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims.
vii. Buildings that are three stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/ parapet cap), and the top floor or cornice/parapet cap. Each of these elements shall be distinguished from one another through the use of all of these techniques: variation in building modulation for a minimum of 70 percent of the length of the facade through changes in wall planes that protrude or recess with a minimum dimension of three feet; variation in facade materials through the use of at least two of the following: size, texture, pattern, or color; and variation in fenestration, through the following: incorporating a step-back, recession or projection with a minimum depth of three feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15 percent. d. Landscaping design and density shall incorporate the following features and requirements:
i. One tree per 30 lineal feet of building perimeter and project boundaries. ii. Fifteen-gallon minimum for tree size; 30 percent of the total trees at 24-inch box-size trees; five-gallon size shrubs; and ground cover at 12 inches on center. iii. Provide a mix of 35 percent evergreen trees, 35 percent deciduous trees and 30 percent flowering accent trees.
iv. Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.
v. Provide evergreen and canopy shade trees for parking areas. Plant parking lot trees at a rate of one tree per seven parking spaces and provide shade for over 50 percent of the parking area within 15 years (CALGreen Code). vi. Use drought-tolerant planting and water-efficient irrigation. vii. Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent, for hardscape within common open space.

B. The proposed project shall reserve at least 10 percent of the total units in the project as affordable housing for lower-income households. Affordable units shall be constructed concurrently with or prior to the construction of market-rate units.

C. The units shall be made available at an affordable housing cost in accordance with Government Code Section 65915, including, but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for-sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.

4 D. All affordable housing units, rental or for-sale, must be restricted by an agreement with the City to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a Building Permit.

E. Nothing in this section shall be construed as replacing Government Code Section 65915 or CMC Section 17.20.020 (Special Housing Regulations, Density Bonus).

F. Stand-alone residential projects seeking approval under this chapter shall proceed through the approval process outlined in CMC Section 17.16.100, Review Process, Approval Authority, and Appeal Procedures; unless the proposed project includes at least 20 percent of the total units as affordable for lower-income households, in which case the approval process in CMC Section 17.18.050 applies.

17.18.050 By-Right Approval Process for AHMUOD
A. Ministerial Review (By-Right) and Approval Process. Eligible housing projects, including mixed-use housing projects, that contain 20 percent of the total units for lower-income households shall be approved ministerially by the Director. All applications for the streamlined ministerial review process shall be accompanied by materials as required by the Director to verify compliance with the requirements of this section. For mixed-use projects, the project shall comply with all requirements in CMC Sections 17.16.030 through 17.16.080.

For stand-alone residential projects, the project shall comply with all requirements in CMC Section 17.18.040 except 17.18.040(B).

B. Affordable housing units shall be constructed concurrently with, or prior to, the market-rate units. The units shall be made available at an affordable housing cost in accordance with Government Code Section 65915, including, but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for-sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.

C. All affordable housing units, rental or for-sale, must be restricted by an agreement with the City to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a Building Permit.

D. Nothing in this section shall be construed as replacing Government Code Section 65915 or CMC Section 17.20.020 (Special Housing Regulations – Density Bonus).

E. Tribal Cultural Resources. Projects eligible for ministerial approval pursuant to this section are exempt from the California Environmental Quality Act, but must comply with the requirements of California Native American Tribal Consultation in Government Code Sections 65913.4(b)(1) through (b)(8), as those sections may be amended from time to time.

5 1. Upon receipt of an application, City staff shall engage in a scoping consultation regarding the project with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the City, within 30 calendar days of receiving the application.

2. If, after concluding the scoping consultation, the City determines there is no impact to tribal cultural resources, the project will follow a ministerial review and approval process. If, after concluding the scoping consultation, the City determines there is potential impact to a tribal cultural resource, the developer shall enter into an enforceable agreement between the California Native American tribe(s) and developer on methods, measures, and conditions for tribal cultural resource treatment. The City shall not approve the project until the applicant has submitted fully executed agreement(s) with all California Native American tribe(s) whose tribal cultural resources may be impacted by the project.

F. Projects developed pursuant to the process provided by this section shall comply with all of the following:

1. The project is required to annex into Community Facilities District 2007-01 (the "CFD") for the purpose of financing the project's proportionate share of the cost for Police response, Fire and emergency medical response, and Park Services. The applicant shall petition the City to annex to the City's existing CFD under the California Mello-Roos Community Facilities Act (Government Code Section 53311 et seq.) (the "Act"). The applicant agrees to cooperate and not to oppose annexation to the CFD for purposes set forth above. This annexation shall be completed prior to issuance of Building Permits.

2. The project shall be annexed into the existing landscape district and lighting district, which shall be completed prior to issuance of Building Permits.

3. The project shall pay development impact fees pursuant to the latest adopted fee resolution, prior to the release of the first dwelling unit for the project.

4. If the project includes a subdivision, the project shall be subject to park (Quimby) impact fees to the city for public parkland in accordance with Chapter 16.28 CMC (Park Dedication and In-Lieu Fee Regulations).

5. The project shall comply with Los Angeles County fire department codes and regulations.

6. The project shall comply with the latest adopted California Building Standards Code, and must comply with applicable federal and state accessibility requirements to and throughout the buildings, including compliance methods and structural details on the plans.
a. Demolition activities require an asbestos-containing materials (ACM) survey (SCAQMD Rule 1403). The ACM report shall be prepared by an accredited testing laboratory in accordance with applicable SCAQMD rules and regulations. Proof of notification to the South Coast Air Quality Management District (SCAQMD),

6 Office of Operations, shall be submitted to the building division with the relevant permit application for all demolition activities. Contact the SCAQMD at the address or number below for more information. Once any demolition activity has met the applicable SCAQMD notification requirements, a formal demolition plan and permit must be obtained from the building and safety division. SCAQMD Headquarters, 21865 Copley Drive, Diamond Bar, CA, (909) 396-2381.

7. The project shall comply with the street improvements requirements in CMC Chapter

17.22 General Development Standards, CMC Title 16 Subdivisions, and CMC Chapter 17.22.120 Public Improvement Standards.
a. The applicant shall provide a preliminary grading and drainage plan for the proposed development.
b. The applicant shall provide a traffic impact/VMT (vehicle miles traveled) analysis for the development.
c. The applicant shall provide a sewer impact analysis for the development. d. The applicant shall provide a preliminary hydrology/LID analysis for the development.
e. The applicant shall provide a soils and geologic report.

8. The project shall comply with public works environmental services requirements:
a. If the project redevelops an area greater than 5,000 square feet, storm water capture shall be required. A low-impact development (LID) plan shall be required, and must be approved by the city prior to the issuance of a grading permit. The LID plan will be reviewed by the City's storm water consultant. An LID review fee of $2,000 will apply.
b. SWPPP. If the project disturbs over one acre and requires a storm water pollution prevention plan (SWPPP), the SWPPP must be uploaded to SMARTS and a WDID provided to the city prior to the approval of the LID plan. c. Trash Collection. Each trash room must be able to accommodate a separate 65- gallon barrel for the collection of organic waste (food scraps and landscape waste), per state law.
d. Construction and Demolition. Seventy-five percent of construction and demolition debris must be recycled, per city Ordinance No. 18-03. Forms and a security deposit will be required.

9. The project shall pay the applicable SB 50 development impact fees to the school district prior to issuance of the first Building Permit for production units.

10. The project shall comply with the following Covina Police Department requirements:
a. Parking lot light fixtures and wall-mounted light fixtures shall be LED. Detailed plans to show compliance shall be submitted to Police Department and Planning Division for review and approval, prior to issuance of permit and prior to installation. The condition of approval shall be accomplished on or before opening. b. Wayfinding signage shall be provided and submitted to police department and planning division for review and approval. Wayfinding signage shall have lighting as well. The condition of approval shall be accomplished on or before opening. c. Signage stating vehicle code is enforceable must be posted at all entrances so that guests/visitors are aware of what will be enforced on the property. Police

7 Department to review signage. The condition of approval shall be accomplished on or before opening.
d. All landscaping should follow the two-foot, six-foot rule. All landscaping should be ground cover, two feet or less and lower tree canopies should be at six feet. This increases natural surveillance and eliminates hiding areas within landscaping. Tree canopies should not interfere with or block the lighting along sidewalks or parking lots. This creates shadows and areas of concealment. Planters will use plant species with limited growth. This is to ensure that maintenance does not become an issue and surveillance from the building is maintained.
e. The owners, operators, or managers must comply with all city codes and ordinances relating to police response and nuisance abatement conditions. f. Rolling driveway gates, and any pedestrian gate, shall have a keypad installed with current access code provided to police dispatch at (626) 384-5808. g. The owners, operators, or managers shall, subject to approval by the police department, develop a plan to monitor the area surrounding the location for trash and other discarded items that impact public health and to maintain the cleanliness of the parking lots, sidewalks, and the property of adjacent business owners. h. The permittee and the operator of any business at the premises shall install, use, and maintain in good working conditions a video security system capable of viewing and recording events at the premises as approved by the Chief of Police.

The video security system shall be on and operating at all times by common areas, entrances and exits, and parking areas. The video security system shall be of such quality as to provide images of such a resolution as to clearly identify individuals for later identification. Security systems could deter and prevent public nuisances.

Installation and approval shall occur prior to the release of the occupancy or approval of business license.
i. The permittee and the operator of any business at the premises shall ensure that at least one employee or other person is present on the premises during normal business hours with the necessary knowledge and skill to operate the video security system so that he or she is able to provide the Covina Police Department copies of video recordings immediately upon request.
j. The permittee and the operator of any business at the premises shall preserve the video security system's recorded information of each business day for a period of not less than 10 business days thereafter for the Covina Police Department's review in connection with a criminal or other investigation.

G. No Hearing Required. No public hearing shall be required prior to a decision to approve or deny an application complying with this section.

H. Expiration of Approvals. An approval pursuant to this chapter shall expire within three years.

I. Amendments. An applicant may request an amendment to an approved AHMUOD project.

The director may approve such an amendment if the applicant demonstrates that the amended project continues to conform to the eligibility requirements and development standards in this chapter.

1 FINAL DRAFT (JUNE 2026)
Chapter 17.20 Special Housing Regulations

17.20.010 Purpose

17.20.020 Residential Density Bonus

17.20.030 Emergency Shelter Overlay District

17.20.040 Low Barrier Navigation Centers

17.20.050 Reasonable Accommodation

17.20.060 Two-Unit Residential Developments and Urban Lot Splits in Single-Family Zones

17.20.070 Supportive and Transitional Housing

17.20.080 Accessory Dwelling Units and Junior Accessory Dwelling Units (Reserved)

17.20.010 Purpose.

The purpose of this chapter is to:

A. Comply with the Federal Americans with Disabilities Act, the Federal Fair Housing Act, and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its land use and zoning regulations and reasonable modification in a policy, practice, or procedure for housing designed for occupancy by qualified persons with disabilities seeking fair access to housing.

B. Facilitate the production of affordable housing consistent with Government Code Section 65915, including density bonuses and other incentives.

C. Implement the goals, policies, and programs of the Housing Element of the Covina General Plan.

D. Provide temporary shelter for homeless persons or others in need in a manner that protects the health, safety, and general welfare of nearby residents and businesses, consistent with California Government Code Section 65583.

17.20.020 Residential Density Bonus.

A. In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the Director on a form approved by the Director. The application shall be filed concurrently with an application for a site plan review, a tentative map, or other land use entitlements required by this code. At the time of submission, the applicant shall pay a density bonus application fee established by City Council resolution.

B. City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a site plan review or other land use entitlements that are required by this code.

2 C. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios.

D. For a housing development that qualifies under Government Code Section 65915, the city shall grant the density bonus amount specified in that section, as amended from time to time. Unless otherwise required by Government Code Section 65915, the density bonus units shall not be counted when calculating the total number of housing units that qualify the housing development for a density bonus.

E. For purposes of calculating the density bonus, the “maximum allowable residential density” shall be the maximum density permitted under the zoning ordinance and the land use element of the General Plan, or, if a range of densities is permitted, the maximum allowable density for the specific zoning range and land use element of the General Plan applicable to the project.

F. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the General Plan, the maximum density allowed in the General Plan shall prevail.

G. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

H. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

3 4. The waiver or reduction of the development standard would be contrary to State or Federal law.

I. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as amended from time to time.

J. The applicant shall comply with all requirements stated in Government Code Section 65915.

K. The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

L. For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project for a density bonus must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that each building of the development project contains a mix of affordable and market rate units, if any.

M. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915. If applicable, the applicant must certify that the proposed project meets the replacement unit requirements identified in subparagraph (c)(3) of Government Code Section 65915 or any comparable requirement in Government Code Section 65915, as it may be amended from time to time.

N. The provisions of this section shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to that Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

17.20.030 Emergency Shelter Overlay District.

This section sets forth the requirements for the establishment and operation of emergency shelters.

A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:

1. Permit Required. Emergency shelters may be established and operated in the emergency shelter (ES) overlay district, subject to nondiscretionary approval of a Site Plan Review in compliance with CMC Chapter 17.04.040.

2. Management and Operations Plan. An application for a permit to establish and operate an emergency shelter shall be accompanied by a management plan, which should incorporate the following: hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onPage 313 of 635 4 site waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, house rules regarding use of alcohol and drugs, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.

B. Development Standards. In addition to other standards set forth in this code for the underlying zone, emergency shelters shall conform to the following standards.

1. Maximum of 100 beds.

2. Minimum separation of 300 feet between emergency shelters.

3. One parking space per four beds, plus one space for each staff member on duty.

17.20.040 Low Barrier Navigation Centers.

A. Purpose and Intent. This section sets forth the requirements for the establishment and operation of low barrier navigation centers.

B. General Standards. A low barrier navigation center development and transitional housing is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

1. It offers services to connect people to permanent housing through a service plan that identifies service staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

5. Low Barrier Navigation Centers shall also comply with the standards established for emergency shelters in CMC 17.20.040.

C. Review Process. Low barrier navigation centers may be established and operated subject to nondiscretionary approval of a Site Plan Review in compliance with CMC Chapter

17.04.040.

5 D. Repeal. This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

17.20.050 Reasonable Accommodation
A. Specific Purpose. In conformance with State and Federal fair housing laws, this section establishes the City’s procedures for handling requests for reasonable accommodation from the strict application of the City’s land use and zoning regulations, thereby allowing disabled persons an equal opportunity to use and enjoy a dwelling.

B. Definitions.
"Disabled; disabled person" means a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.
"Eligible person" means a disabled person, a disabled person's representative, or a real estate developer building housing for disabled persons. "Fair housing laws" means the "Fair Housing Act" (42 U.S.C. § 3601 et seq.), the "Americans with Disabilities Act" (42 U.S.C. § 12101 et seq.), and the "California Fair Employment and Housing Act" (California Government Code Section 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.
"Major life activity" means physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.
"Physical or mental impairment" means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc., does not qualify as a physical or mental impairment.
"Reasonable accommodation" means any deviation requested and/or granted from the City's zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.

C. Requesting Reasonable Accommodation.

1. In order to make housing available to disabled persons, any eligible person may request a reasonable accommodation from the strict application of land use, zoning and building regulations, policies, practices and procedures.

6 2. Requests for a reasonable accommodation shall be submitted on an application form established by the community development director.

3. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by State or Federal law.

4. A request for a reasonable accommodation from the strict application of the City’s regulations, policies, practices, or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect a person’s obligations to comply with other applicable regulations not at issue in the requested accommodation.

D. Reviewing Authority.

1. Requests for a reasonable accommodation shall be reviewed by the Director under the criteria set forth in subsection (C) of this section. The Director may, in the Director's discretion, refer applications to the Planning Commission for consideration.

2. The Director may grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection (E) of this section.

3. If necessary to reach a determination on the request for reasonable accommodation and consistent with fair housing laws, the Director may request additional information from the applicant.

E. Required Findings. The request for a reasonable accommodation shall be approved, or approved with conditions, if the reviewing authority finds that all of the following conditions are met:

1. The dwelling, which is the subject of the request for reasonable accommodation, will be used by a disabled person; and

2. The requested accommodation is necessary to make housing available to a disabled person; and

3. The requested accommodation will not impose an undue financial or administrative burden on the City; and

4. The requested accommodation will not require a fundamental alteration in the nature of the City’s Zoning Ordinance.

F. Written Decision.

1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings required by subsection (E) of this section. All written decisions shall give notice of the applicant’s right to appeal and to request a reasonable accommodation in the appeals process. The notice of decision shall be sent to the applicant by certified mail.

2. The written decision shall be final unless the applicant appeals pursuant to CMC

17.02.090.

7 3. While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property shall remain in full force and effect.

G. Expiration.

1. A reasonable accommodation shall lapse if the exercise of rights does not occur within 180 days after the issuance of the final decision.

2. The rights conferred by an approved accommodation shall expire when the disabled person for whom the accommodation was granted no longer resides at the property, unless the director makes either of the following findings:
a. That such accommodation is physically integrated with the property and cannot feasibly be removed or altered; or
b. The property is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling.

The community development director may request documentation that subsequent occupants are disabled persons. Failure to provide such documentation within 30 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.

17.20.060 Two-Unit Residential Developments and Urban Lot Splits in Single-Family Zones
A. Purpose - Applicability – Definitions – Interpretation.

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

2. Applicability. The standards and limitations outlined in this section shall apply to SB 9 two-unit residential developments and urban lot splits within a single-family residential zone in the City, notwithstanding any other conflicting provisions of the Covina Municipal Code (“CMC”). In case of conflicts between the provisions of this section and any other provisions of the CMC, the provisions of this section shall prevail. If SB 9 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.

3. Definitions. The following terms shall have the following meanings:
“ADU” and “JADU” shall have the meanings ascribed to these terms in Chapter

17.20.080 CMC (Accessory Dwelling Units and Junior Accessory Dwelling Units). “New primary dwelling unit” shall mean creating a new, additional dwelling unit or expanding an existing dwelling unit. ADU or a JADU does not constitute a new primary dwelling unit.

8 “Single-family residential zone” includes the A-1, A-2, E-1, E-1/2, E-2-1/2, R-1- 20,000, R-1-10,000, R-1-8500, and R-1-7500 zoning districts. “SB 9” means Senate Bill No. 9, Statutes of 2021, Chapter 162 (2021). The bill amended Government Code Section 66452.6 and added Government Code Sections 65852.21 and 66411.7.
“SB 9 two-unit residential development” shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit. “Urban lot split” shall mean a parcel map subdivision permitted according to the regulations outlined in Government Code Section 66411 that creates no more than two parcels of approximately equal size.
“Lot area” shall mean the total area measured horizontally within the lot lines and shall not have a slope steeper than 4:1 (four feet horizontal to one foot vertical).

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

B. Permit Application and Review Procedures.

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

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

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

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

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

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

C. Qualifying Requirements. A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements to qualify for a ministerial review under this section. The applicant is responsible for demonstrating to the Director's reasonable satisfaction that each requirement is met. Both the applicant and each property owner must provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is fulfilled.

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

2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.

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

4. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

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

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

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

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

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

10. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property.

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

D. Number of Dwelling Units Permitted on a Lot.

1. Notwithstanding any other provisions of the CMC, State law requires the City to permit a lot located within a single-family residential zone to contain up to two primary dwelling units. The two units must be developed and maintained to comply with the requirements outlined in this section.

2. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subsection, the twounit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. Examples are as follows:
a. One primary dwelling unit and one ADU (detached or attached); or b. One primary dwelling unit and one JADU; or
c. Two dwelling units.

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

E. Separate Conveyance.

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

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

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

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

H. Housing Crisis Act Replacement Housing Obligations. If the proposed development results in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all

11 applicable requirements imposed according to subsection (d) of Government Code Section 66300.

I. Development and Objective Design Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall adhere to the development and design standards outlined in this section. Additionally, unless modified or specified by this section or by State law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split must comply with all objective development standards applicable to the lot as outlined in this section, along with all relevant objective standards and criteria found in standard plans and specifications, policies, and standard conditions duly adopted by the City and the Los Angeles County Fire Department.

1. The following table, Table 17.20.060-1 Development Standards, outlines the standards for buildings, landscaping, and other aspects of site development for projects applying under the SB-9 two-unit residential development standards.

Table 17.20.060-1 Development Standards
Unit Size
Minimum for each
Dwelling
800 square feet A legally established primary
dwelling less than 800 SF may
expand to up to 1,000 SF
Maximum for each
Dwelling
1,000 square feet A legally established primary
dwelling more than 1,000 SF shall
not be expanded
Building Height
(maximum)
16 feet Height measured from the ground
level to the highest point of the roof
Building separation 6 feet Between all detached structures:
residential units, garages, accessory
structures; and comply with building
codes
Front Landscape
coverage (maximum)
50 percent Exclude the allowed standard
driveway (12 feet wide) in the front
yard

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

12 Table 17.20.060-2 Setbacks for Primary and Accessory Structures Minimum
Setbacks
(feet)
Front Rear Interior
Side
Street
Side
Reverse
Corner
Side
New
Primary
dwelling
unit
25 4 4 12.5 15
New
detached
garage and
accessory
structures
25 4 4 12.5 15
b. Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.
c. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances:
i. No increased setback is required for an existing structure or for a new primary dwelling unit that is constructed in the same location and to the same dimensions as an existing structure.
ii. A required minimum setback may be reduced if it would physically preclude the development or maintenance of two dwelling units on a lot, or physically preclude any new primary dwelling unit from being 800 square feet in floor area, but must comply with building codes.
iii. Permitted Projections Into Required Yards. The following architectural features may project into any required setback a maximum of two feet:
cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and similar architectural projections with no floor area, including, but not limited to, windows and pilasters.

Architectural projections must comply with distance separation from building walls or property lines as required by building codes.

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

4. Landscaping. All setback areas and all areas not designated for walkways, parking, drive aisles, and private recreation areas shall be fully landscaped and irrigated.

Each development shall comply with CMC Chapter 17.22.170 Water-Efficient Landscape Regulations.

13 5. Perimeter Block Walls. Each development shall provide a perimeter wall with a maximum height of six feet, measured from the finished grade next to the wall, including any retaining wall portion, up to the top of the wall. Perimeter block walls shall comply with the following requirements:
a. All perimeter walls shall comply with the requirements in CMC 17.22.160 Walls, Fences, and Screening.
b. The property owner shall work with the adjoining property owners to design and construct the perimeter block walls to avoid double walls. If the property owner cannot obtain approval from the adjoining property owners, the property owner shall construct the new wall with a decorative cap to be placed between the new and the existing wall.
c. Perimeter and privacy walls shall be decorative with stucco finish, slump stone or split-face block, or a combination of said materials. d. Perimeter walls within the 25-foot front yard setback area shall not exceed three feet in height from the finished surface.

6. Off-Street Parking.
a. Required Parking. Provide one off-street parking space for each new primary dwelling unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either (A) a highquality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, including Covina Metrolink Station, or (B) a major transit stop as defined in Section 21064.3 of the California Public Resources Code, including Foothill Transit Center. ii. The lot is located within one block of a car-share vehicle location. b. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone. c. Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking.

Open parking spaces may be located within the side or rear setbacks. d. All required parking spaces shall be nine feet in width and 19 feet in depth, unobstructed.
e. Each enclosed garage must maintain minimum interior parking dimensions of nine feet wide by 19 feet deep, unobstructed. Storage cabinets or mechanical equipment, including but not limited to water heaters, utility sinks, washers and dryers, solar power batteries, or similar equipment, shall not encroach into the required parking area.

7. Unit Design Standards.
a. If the lot contains an existing primary dwelling that was legally established prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional primary dwelling unit must match the existing

14 primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the roof’s dominant feature. b. If two new primary dwelling units are to be developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. c. Each new primary dwelling unit shall have the main entry clearly defined, and to the extent possible, shall orient directly toward the street(s) to provide consistency with the neighborhood. Provide a covered entry to the dwelling unit with a minimum depth of three feet. Each covered entry shall be proportionate to the building and incorporate architectural features consistent with the overall building design.

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

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

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

11. Access and Circulation.
a. Provide adequate on-site vehicular access, circulation, back-up, and turnaround areas that comply with applicable City standards. b. The minimum street frontage for a flag lot is 20 feet. If the lot depth of the new parcel in the rear (flag lot) is more than 150 feet, the minimum street frontage must be 25 feet.
c. Driveways shall maintain a minimum width of 20 feet unless a wider width is required for emergency access.
d. Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles must be provided. The Los Angeles County Fire Department must confirm that all applicable fire and emergency access requirements are met before the City will approve an application.

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

13. Utilities.

15 a. Each primary dwelling unit on a lot must have its direct utility connection to the utility/public service provider. However, all new utilities must be undergrounded.
b. The property owner/applicant must obtain all necessary and required easements for providing electricity, gas, water, sewer, and other utility or public service to the lot before issuing any permits for any dwelling unit, in compliance with subsections (J), (K) and (L) of this section.
c. Submitted plans shall show the location and dimension of all proposed aboveground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements.

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

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

16. Drainage and Stormwater Management. Each lot will drain to the street or an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to City-maintained storm drains within the City right-ofway shall comply with applicable City standards. SB 9 two-unit residential developments and the development on lots created through an urban lot split are subject to Chapter 8.50 CMC (“Storm Water Quality and Urban Runoff Control”).

They must comply with all applicable, related rules, requirements, and standards, including, but not limited to, the preparation and implementation of a water quality management plan that meets applicable requirements.

17. Exceptions to Objective Standards.
a. The chief planning official shall approve an exception to any of the standards specified in this section or any applicable objective zoning, subdivision, or design standards upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area to the extent necessary to allow the development of two primary residential units (800 square feet each) on a lot according to this section. The City prioritizes certain development standards over others, as outlined in the priority below. In applying the exceptions required by this section, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two 800-square-foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied. The City prioritizes the following

16 standards in the following descending order of priority, with the first development standard listed having the highest priority:
i. Lot width;
ii. Building height;
iii. Front setback;
iv. Maximum front setback coverage (50 percent);
v. Open space (200 square feet);
vi. Lot coverage (50 percent).
b. The following standards and requirements of this section will not be waived or modified:
i. Building code requirements;
ii. Federal requirements; and
iii. Other standards imposed by State law, including but not limited to SB 9. c. As part of its application, the applicant shall provide a written explanation that (i) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (ii) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at least 800 square feet in floor area, and (iii) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection.

J. Additional Requirements for Urban Lot Splits.

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

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

3. Lot Size and Lot Area. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area; provided that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots must be at least 1,200 square feet. Lot area must comply with the definition contained in CMC Chapter

17.28 Glossary.

4. Easements.
a. The owner must enter into an easement agreement with each utility/publicservice provider to establish easements sufficient for providing public services

17 and facilities to each of the lots resulting from the urban lot split (“resulting lots”).
b. Each easement must be shown on the tentative parcel map and the final parcel map.
c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final parcel is approved and recorded with the office of the county recorder.

5. Lot Access.
a. Each resulting lot must adjoin the public right-of-way. b. Each resulting lot must have frontage on the public right-of-way of at least 20 feet. If the resulting lot has a lot depth of more than 150 feet, the street frontage shall increase to 25 feet.

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

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

K. Compliance with Emergency Access and Service Requirements. Development of a lot pursuant to this section must conform and comply with all applicable provisions of the fire code and applicable requirements promulgated by the Los Angeles County Fire Department intended to ensure sufficient emergency access is provided or maintained.

Prior to submitting a complete application for an SB 9 two-unit residential development or an urban lot split, the applicant shall obtain and provide the City with written confirmation from the Los Angeles County Fire Department that the proposed development complies with all such requirements.

L. Deed Restriction. Prior to approval of a parcel map for an urban lot split or the issuance of a building permit, whichever comes first, for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar

18 deed restriction (“deed restriction”) recorded against the property, which is in a form prepared by and acceptable to the Director, and that does each of the following:

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

2. Expressly prohibits any nonresidential use of the lot.

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

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

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

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

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

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

9. States (a) that the deed restriction is for the benefit of and is enforceable by the City; (b) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (c) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (d) that, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys’ fees and court costs; and (e) that the deed restriction may not be modified or terminated without the prior written consent of the Chief Planning Official.

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

N. Objective Standard Conditions. The Director is authorized to promulgate objective standard conditions implementing this section, which are consistent with applicable provisions of CMC and State law, that shall apply to the application and development of two- unit developments and urban lot splits, and to publish such standard conditions on the city’s internet website. Applicants must comply with all objective standard conditions duly promulgated by the chief planning official and published on the City’s internet website.

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

19 17.18.070 Supportive and Transitional Housing.

A. Purpose. The purpose of this Section is to establish provisions for the review of supportive and transitional housing. The provisions of this chapter shall allow all proposed supportive and transitional housing to be a use by right in zones where multifamily and mixed uses are permitted, including non-residential zones that permit multifamily uses.

B. Supportive and Transitional Housing. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to the restrictions that apply to other residential uses of the same type within the same zoning district.

C. Supportive Housing, Up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zoning districts where multi-family and mixed-use residential developments are permitted, provided the development satisfies all of the following requirements:

1. All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.

2. One hundred percent of the units within the development, excluding managers' units, are dedicated to lower-income households and receive public funding to ensure the housing remains affordable for lower-income Californians. For purposes of this paragraph, “lower-income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

3. At least twenty-five percent (25%) of the units in the development, or 12 units, whichever is greater, are restricted to residents in supportive housing who meet the target population criteria. If the development consists of fewer than 12 units, then one-hundred percent (100%) of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

4. The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.

5. Non-residential floor area shall be used for on-site supportive services in the following amounts:
a. For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.
b. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be reserved for on-site supportive services limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

6. The developer replaces any dwelling units on the site of the supportive housing development in accordance with paragraph (3) of subdivision (c) of Section 65915.

20 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 (Reserved)

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