Covina City Council
October 20, 2026

22 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.

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

23 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.

24 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.

Figure 17.22.060-2 Landscape Diagram Front Yard

25 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.

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.

26 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.

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.

27 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. 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.

28 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, single-family, multifamily, other nonresidential 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. 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.

29 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.

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.

30 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.

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 A. 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
B. 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.

Figure 17.22.070-4 Measuring Height of Decks

32 C. 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.

D. 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.

E. 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
F. 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

33 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.

G. 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 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
H. 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.

34 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.

I. 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.

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.

35 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 Section 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.

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, split-face 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 establishes the 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

36 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
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

37 Automobile, RV, ATV, and boat, new or used
sales and services;
Automobile rental service, except trucks
and trailers
1 per 300 sf, plus
1 per 2,000 sf
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
(stand-alone)
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

38 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
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

17.24.070
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

39 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, miniwarehouse and similar uses4 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
Medical and diagnostic laboratories
including biotech research and
development facilities and pharmaceuticals
1 per 400 sf

40 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 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
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

41 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
Wireless communication facilities 1 per service
vehicle
C. General Parking Requirements.

42 The layout of parking spaces, loading berths, and parking aisles must comply with the following requirements. These requirements apply to both on-street and offstreet 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
Figure 17.22.090-1 Drive Aisle Parallel Parking

43 Figure 17.22.090-2 Parking Aisle 30 Degrees
Figure 17.22.090-3 Parking Aisle 45 Degrees

44 Figure 17.22.090-4 Parking Aisle 60 Degrees
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.

45 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: 8 feet by 19 feet for side-by-side parking, or 9 feet by 38 feet for tandem parking. Utilities or storage, such as water heaters, meters, solar energy equipment, laundry appliances, storage areas, or refuse bins, must not encroach on these required dimensions.

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.

46 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 Section 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.

2. Parking Study required. A parking study is required to demonstrate that proposed land uses meet the parking requirements in CMC 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,

47 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 multitenants) 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 CMC 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

48 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 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:

49 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.

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

50 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.

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 Section 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-ofway. Spaces must be at least 2 feet by 6 feet, with 2 feet of clearance from landscaping, walls, poles, and drive aisles.

51 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 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.

52 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.

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,

53 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.

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 Section 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

54 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.

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

55 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. Similarsounding 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

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

56 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 Section 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.

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.

57 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 rightof-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 twenty-five 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.

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:

58 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.

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

59 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.

The 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.

60 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 Section17.22.160-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.XXX-D, 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.

65 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.

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

66 constructed of wire mesh or similar material with no more than 10 percent solid surface. Compliance with fire safety access requirements is required.

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-J3.
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

67 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;
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.

Re-landscaping of yards less than 2,500 square feet in single-family zones is exempt from this requirement.

1 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 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.

2 B. Definitions.

1. Establishment of an Adult-Oriented Business. As used herein, to “establish” an adult- oriented 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.

3 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 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

4 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, 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 adult- oriented business.

5 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.

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:

6 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.
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, offsale 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.

7 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.
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 lawenforcement 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.

8 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.

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 singlefamily, multi-family or mixed-use zones25 25 25 25 Accessory structures such as trash
enclosure areas, public telephone booth
25 5 5 25

9 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. 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.

10 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 streetside 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. 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 Section 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 Section

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.

11 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.

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.

12 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 Section 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;

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.

13 “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.

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 adultuse 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

14 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 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.

15 “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.
“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.

16 “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.

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.

17 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
d. Similar amusement park facilities; and
e. Must be used for youth activities at least 60 percent of the time in a calendar year.

2. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county, or state parks.

3. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic

18 training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. Notwithstanding the foregoing, any pizza parlor with a video arcade where 10 or more video games operated shall be considered a “youth center.”
C. Conditionally Permitted Uses and Prohibitions

1. Except as expressly authorized pursuant to this title, all commercial cannabis activity is prohibited in the city.

2. Cannabis businesses shall only be permitted in the following zones:

3. Cannabis retailers (delivery only and/or storefront sales) shall be permitted only in the CC community commercial zone (central business), and RC regional commercial zone (highway).

4. Cannabis microbusinesses shall be permitted only in the light manufacturing zone.

5. The outdoor cultivation of cannabis by any person is prohibited within the city limits.

6. Any indoor cultivation for personal use that does not meet the standards set forth in this section is prohibited.

D. Permits and Approvals Required

1. Conditional Use Permit. Every property for which a cannabis business is proposed to be established, maintained, operated, or conducted in the city shall obtain a conditional use permit, pursuant to CMC Chapter 17.04, as modified by this section.

2. Cannabis Business Permit. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the city shall obtain a cannabis business permit pursuant to Chapter 5.80 CMC.

3. Business License. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the city shall obtain a business license.

4. State License. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the city and every property for which a cannabis business is proposed to be established, maintained, operated, or conducted shall obtain all state licenses for the activity to be conducted.

5. Development Agreement. Before commencing any commercial cannabis activity and as a condition of issuance of a conditional use permit, an applicant shall enter into a development agreement with the city setting forth the terms and conditions under which the cannabis business will operate, which is in addition to the requirements of this chapter. These conditions shall include, but not be limited to, public outreach and education, payment of community benefit fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation), provisions for termination of the agreement or invalidation or revocation of the conditional use permit,

19 indemnification of the city and all officials and employees thereof from actions by third parties, including but not limited to, enforcement of conflicts between state and federal law, or actions challenging the issuance of a permit to the cannabis business, and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the city.

6. Operation and Management Plan. Before commencing any commercial cannabis activity, the cannabis business shall submit an operation and management plan to the Director for approval by the Director and Chief of Police. The operation and management plan shall, at minimum, address the following: the security measures that will be implemented to protect the customers and employees as well as the general community; water preservation; financial record keeping; procedures for safely and securely storing and transporting cannabis and cannabis products; inventory control; accounting measures; identify any hazardous materials that may be used by the business and how they will be stored and disposed of; how currency will be stored and taken off site; any other information requested by the Director and Chief of Police.

7. Duty to Maintain Copies of All Permits, Licenses, Permits and Conditions of Approval. A copy of all conditional use permits, cannabis business permits, business license, state license, or other permit or license required by the city, county, or state for the establishment or operation of a cannabis business shall be maintained on site along with all conditions of approval associated thereof.

Such permits may be inspected from time to time by city, county or state representatives or law enforcement personnel and shall be furnished immediately upon request. The on-site manager, in addition to the property owner, business owner, or representative, shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval.

E. Compliance with State and Local Laws and Regulations It is the responsibility of the owners and/or operators of any cannabis business within the city to ensure that they operate in a manner compliant with this chapter, all applicable state and local law, and any other regulations promulgated thereunder, including but not limited to the MAUCRSA.

F. Procedures and Findings for Approval of Conditional Use Permit

1. A conditional use permit shall be processed in accordance with the procedures set forth in Chapter 17.04 CMC, Conditional Use Permits, with the following exceptions:
a. Any provision that requires the approval by the planning commission with appeal to the city council shall be replaced with the requirement that the planning commission make a recommendation on the conditional use permit and that the approval of such permit shall be made by the city council. b. Any procedures pertaining to noticing and the setting of a public hearing before the planning commission shall also apply to the city council.

20 2. An applicant for a conditional use permit shall comply with the California Environmental Quality Act (“CEQA”). No conditional use permit shall be granted to a cannabis business until the requisite CEQA review has been conducted.

G. Development Standards
All cannabis businesses shall comply with the following requirements, and the following applicable requirements of this section shall be deemed conditions of all conditional use permit approvals. Failure to comply with applicable requirements contained in this code shall be grounds for revocation of any permit issued in compliance with this code.

1. Underlying Zone Standards. The establishment of a cannabis business shall comply with all applicable city zoning site development standards of the zone in which the cannabis business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the city, except as explicitly modified by this chapter. Nonconforming uses or properties must be brought into conformity with all applicable standards, including, but not limited to, parking, landscaping, and signage.

2. Maximum Number. A maximum of one cannabis business shall operate in the city for every 15,000 residents, with any fraction of that ratio being rounded down to the nearest whole number.

3. Proximity to Sensitive Uses. No cannabis business shall be established or located within 600 feet of a school providing instruction in kindergarten or any grades one through 12, a day care center, a youth center, or a park. The distance between any cannabis business and any school, day care center, youth center, or park shall be measured in a straight line, without regard to the boundaries of the city and intervening structures, from the nearest property line of the site containing the cannabis business to the nearest property line of the school, day care center, youth center, and park.

4. Cannabis Microbusiness. A cannabis microbusiness shall comply with the development standards for each component of the business. For example, if a cannabis microbusiness is comprised of a cultivation site, distributor and cannabis retailer, then it shall comply with the development standards for each of those uses. In the event of any conflict between the standards, the director shall determine which standards apply.

5. Cultivation.
a. Outdoor commercial cultivation is prohibited.
b. Indoor commercial cultivation shall not exceed 10,000 square feet of cultivation area.
c. The cultivation area shall comply with licensing requirements established by the California Department of Cannabis Control.
d. Secure Area. The secure area shall be fully enclosed within a minimum sixfoot-tall fence or wall. All loading, unloading and distribution areas shall be

21 screened from view from the right-of-way by the building or solid masonry wall no less than six feet.
e. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage. f. The cultivation of cannabis shall at all times be operated with all applicable state and local laws and shall be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cultivation site, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
g. The operations and management plan identified in CMC 17.24.060(D)(6) shall include a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel; and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting. The operations and management plan shall also include a description of a legal water source, irrigation plan, and projected water use and identify the source of electrical power and plan for compliance with applicable building codes and related codes. The operations and management plan shall also address public nuisances that may derive from the cultivation site.

6. Manufacturing
a. The manufacture of cannabis products shall be undertaken in a manner that ensures the health, safety, and welfare of the public, the employees of the cannabis business, visitors, and neighboring properties, and must be in full compliance with state law.
b. It is unlawful for any person under the age of 21 to be present within the area where the manufacture of cannabis products is occurring. c. It is unlawful for any person to employ another person under the age of 21 at a cannabis manufacturing facility.
d. Entrances into any area where cannabis products are made, stored, or kept must be locked at all times with entry strictly controlled. The specifics of such entry system must be set forth in the operations plan. e. It is unlawful for the manufacturing site to be open to the public.

7. Distribution
a. Transportation safety standards, in addition to those imposed by the state of California, shall be approved by the chief of police including, without limitation, the type of vehicles in which cannabis or cannabis product may

22 be distributed, and minimal qualification for persons eligible to operate such vehicles.
b. A list of the make, model and license plate of all vehicles used for distribution shall be registered with the police department before a vehicle may be used to transport cannabis and cannabis products.
c. A person conducting distribution shall comply with requirements of Business and Professions Code Section 26070(c) through (n).

8. Cannabis Retailers.
a. Cannabis retailers may operate as a delivery only model, storefront sales only, or both storefront sales and delivery.
b. No cannabis retailer that sells cannabis or cannabis products for adult use shall be open to the public between the hours of 9:00 p.m. and 9:00 a.m.

Consistent with state law, the city shall not restrict the hours of operation of a cannabis retailer that sells cannabis or cannabis products for medicinal use.
c. Cannabis retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of 18 years. If the customer is 18 to 20 years old, a cannabis retailer shall confirm the customer’s possession of a valid doctor’s recommendation and/or Health and Safety Code Section 11362.71 identification card (medical marijuana card). For adult-use purchases, cannabis retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
d. Individuals must show their government-issued identification in order to gain access into the cannabis retailer. The government-issued identification and, if applicable, doctor’s recommendation or medical marijuana card must also be shown at the point- of-sale station at the time of purchase. Doctor recommendations shall not be obtained or provided at the retail location. A cannabis retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician’s recommendation.
e. Cannabis retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
f. All restroom facilities shall remain locked and under the control of management.
g. The cannabis retailer shall notify patrons of the following through posting of a sign in a conspicuous location:

23 i. Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.
ii. Loitering on and around the cannabis business is prohibited by California Penal Code Section 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the cannabis retail site or on the property or in the parking lot.
iii. A warning that patrons may be subject to prosecution under federal cannabis laws.
iv. That the use of cannabis may impair a person’s ability to drive a motor vehicle or operate machinery.
h. Cannabis retailers shall only serve customers who are within the permitted premises, or at a delivery address that meets the following requirements:
i. The sale and delivery of cannabis goods shall not occur through a passthrough window or a slide-out tray to the exterior of the premises. ii. Cannabis retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within a motor vehicle. iii. No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
iv. All cannabis goods sold by a retail business shall be contained in childresistant packaging. i. Cannabis retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the purchase and sale of cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
j. Limited Access Areas. A cannabis retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the cannabis retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the cannabis retailer, shall be escorted at all times by an employee of the permittee. A cannabis retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the city manager, police chief, or their designees upon request. k. Delivery. Prior to commencing delivery operations, a cannabis retailer shall provide the following information to the city:
i. Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.

24 ii. The year, make, model, color, license plate number, and numerical vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
iii. Proof of insurance for any and all vehicles being used to deliver cannabis goods.
iv. The cannabis business shall provide the city with the information required by this section in writing for any new vehicle that will be used to deliver cannabis or cannabis goods prior to using the vehicle to deliver cannabis or cannabis goods. The cannabis business shall provide the city with any changes to the information required by this section in writing within 30 calendar days.

H. Security

1. A cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. The specific security measures shall be identified in the operations plan. Except as may otherwise be determined by the city manager and/or chief of police, these security measures shall include, but shall not be limited to, all of the following:
a. Perimeter fencing and exterior lighting systems (including motion sensors) for after- hours security as approved by the police chief and/or the community development director where applicable.
b. Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the police department.
c. Establishing limited access areas accessible only to authorized cannabis business personnel.
d. All finished cannabis goods at non-retail cannabis businesses shall be stored in a secured and locked vault or vault-equivalent during nonoperating hours. All safes and vaults used to store cash and/or cannabis goods shall be burglary-resistant and fire- resistant. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss. e. Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services. f. Panic buttons shall be installed in all cannabis businesses with direct notification to the police department dispatch and shall be configured to immediately alert dispatch for the police department.

25 g. A professionally installed, maintained, and monitored real-time alarm system shall be installed by a security company licensed by the State of California Bureau of Security and Investigative Services. The cannabis business shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises. h. A cannabis business shall only use commercial-grade, nonresidential door locks.
i. Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building.
j. Security personnel shall be on site during regular business hours and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the police chief, with such approval not to be unreasonably withheld.
k. Cannabis businesses shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
l. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (a) an employee of the cannabis business; or (b) a licensed security professional.
m. Each cannabis business shall have an accounting software system in place to provide point-of-sale data as well as audit trails of both product and cash, where applicable.
n. Each cannabis business shall demonstrate to the police chief, city manager or their designee’s compliance with the state’s track and trace system for cannabis and cannabis products.
o. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises. p. Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
q. Installation of “mosquitos” (high-pitch frequency devices) as a deterrent to vandalism/loitering.

2. Video Surveillance. The cannabis business shall install 24-hour security video surveillance cameras of at least high-definition (HD) quality with a night vision capability, and must record in color. The video surveillance system shall meet the following requirements and shall be included in the operations plan:

26 a. All entrances and exits to and from the cannabis business must be monitored by the video surveillance system. All entrances and exits to the cannabis business shall be recorded from both indoor and outdoor vantage points.
b. All interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur must also be monitored by the video surveillance system.
c. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. d. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means.
e. The video security system must be compatible with software and hardware utilized by the city as determined by the police chief and set forth in the operations and management plan.
f. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 90 days.

The video surveillance system specifications must be set forth in the operations plan before the city issues a certificate of occupancy for the facility.
g. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the cannabis business of any prolonged surveillance interruption and/or the complete failure of the surveillance system.
h. A cannabis business is responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored area.

All video surveillance equipment shall have sufficient battery backup to support a minimum of four hours of recording in the event of a power outage. i. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities at the cannabis business.
j. The video surveillance system shall be capable of recording all predetermined surveillance areas in any lighting conditions. If the cannabis business has a cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes.

27 k. Areas in which cannabis is grown, cured, manufactured, or stored shall have camera placement in the room at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
l. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.
m. At least one camera must be dedicated to record the access points to the secured surveillance recording area.

3. Each cannabis business shall identify a designated security representative/liaison who shall be reasonably available to meet with the city manager and/or chief of police regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current operations and management plan, that shall include a security plan, on the premises of the business, to present to the city manager and/or chief of police upon request that meets the following requirements:
a. Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. b. Identifies all managers of the cannabis business and their contact phone numbers.
c. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager’s office.
d. Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company. e. Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, any adjacent property under the cannabis business’s control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.

4. The cannabis business shall cooperate with the city whenever the city manager and/or chief of police makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter.

5. A cannabis business shall notify the city manager within 24 hours after discovering any of the following:
a. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the city manager.
b. Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.

28 c. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business. d. Any other breach of security.

6. Compliance with the foregoing requirements shall be verified by the city manager and/or chief of police prior to commencing business operations. The city manager and/or chief of police may supplement these security requirements once operations begin.

I. Additional Performance Standards

1. Restriction on Alcohol and Tobacco Sales or Consumption. A cannabis business shall not allow the sale, dispensing, or consumption of alcoholic beverages, tobacco, or hookah on the premises of the cannabis business.

2. Restriction on Cannabis Consumption. A cannabis business shall not allow the consumption of cannabis, cannabis products, or hookah on the premises of the cannabis business.

3. Graphics. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the cannabis business, or on any of the vehicles owned or used as part of the cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.

4. Reporting and Tracking of Product and of Gross Sales. Each cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. The cannabis business shall ensure that such information is compatible with the city’s recordkeeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the city manager prior to being used by the permittee.

5. All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the state and local regulations.

6. Emergency Contact. Each cannabis business shall provide the city manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.

7. Signage and Notices.
a. In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of this title, sign regulations of the city, including, but not limited to, seeking the issuance of a city sign permit.

29 b. No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
c. Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited.
d. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way.
e. Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.

8. Manufacturing, Storage and Distribution Areas. All manufacturing, storage and distribution shall be within a fully enclosed building or accessory structure, except that outdoor loading docks may be used for loading for distribution provided the loading docks are fully screened from public view by a building or solid masonry wall as provided above.

9. Cleanliness. All exterior areas of any cannabis business, including the building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris. The cannabis business shall comply with Chapter 9.65 CMC regarding graffiti removal and prevention.

10.Lighting. A cannabis business shall comply with the city’s lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding, and secure the necessary approvals and permits as needed. For a standalone cannabis business, the cannabis business shall ensure that minimum lighting levels in exterior building and parking lot areas are adequate for the safe operation of vehicles and other modes of travel. The cannabis business shall submit an exterior lighting plan that includes a photometric survey of proposed light standards, heights, fixtures, light sources, spacing and shielding.

11.Noise. A cannabis business shall comply with all applicable standards of Chapter 9.40 CMC.

12.Odor Control. A cannabis business shall comply with the applicable standards of CMC 9.42.020. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the cannabis business, anywhere on adjacent property or public rights-of-way,

30 on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. Failure to control odors from being detectable from outside the cannabis business shall constitute a public nuisance and shall be grounds for suspension or revocation of the conditional use permit. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the director or his/her designee(s) determine is a more effective method or technology:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and
b. An air system that creates negative air pressure between the cannabis business’s interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.

13. Minors.
a. Persons under the age of 21 years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this chapter for any person to employ any person at a cannabis business who is not at least 21 years of age.
b. The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the cannabis business.
c. Notwithstanding the above, persons aged 18 to 20 years shall be allowed on the premises of a cannabis business if they can produce a physician’s recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician’s recommendation.

14. Signage. From a public right-of-way, there should be no exterior evidence of the manufacturing or cultivation of cannabis or cannabis products except for any signage authorized by this code.

15. Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated cannabis business permit.

16. Cannabis Waste. All waste and disposal containers shall be stored in a secure area, and under the control of the cannabis business’s staff.

17. Windows. All windows of the cannabis business shall be secured and all cannabis securely stored.

18. Compliance With Other Laws. A cannabis business, and all operations conducted therein, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes.

31 19. Copies of State Permits. The applicant shall provide the city with copies of all applications, plans and security plans submitted to the state for a state license.

20. Parking. On-site parking shall be provided as follows:
a. Cannabis Retailers. One parking spot for each 200 square feet of gross floor area plus one parking spot for each employee, unless otherwise determined by the director pursuant to a traffic and parking study. b. Cannabis Microbusiness. One parking spot for each employee on the maximum working shift, or not less than one parking spot for each 500 square feet of gross floor area, whichever amount is greater, unless otherwise determined by the director pursuant to a traffic and parking study. c. If the director determines that a traffic and parking study is warranted, such study shall be at the applicant’s expense and review may be made by filing a separate application and making payment of established fees. A determination of the number of parking spaces that must be provided by the cannabis business may include, but shall not be limited to the following considerations: A traffic/parking study supports the finding that the number of parking spaces actually needed for the development is less or greater than that required by the code; traffic and pedestrian safety will not be affected by the modification of parking requirements; and that any reduced parking will not impact the health, safety and welfare of the public. The determination may also be conditioned to ensure compliance with the findings and the intent of this chapter and to ensure that additional parking spaces will be provided per code requirements should demand for parking increase on site.

J. Promulgation of Regulations, Standards, and other Legal Duties

1. In addition to any regulations adopted by the city council, the city manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of cannabis business permits, the ongoing operation of cannabis businesses and the city’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.

2. Regulations shall be published on the city’s website.

3. Regulations promulgated by the city manager shall become effective upon date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the city manager.

K. Limitations on City’s Liability

1. To the fullest extent permitted by law, the city does not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any cannabis business approved under to this chapter.

2. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following:

32 a. Execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the operation of the cannabis business, issuance of a permit to a cannabis business, or the prosecution of the cannabis business or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws;
b. Maintain insurance in the amounts and of the types that are acceptable to the city council or designee; and
c. Reimburse the city for all costs and expenses, including but not limited to legal fees and costs and court costs, which the city may be required to pay as a result of any legal challenge related to the city’s approval of the conditional use permit or cannabis business permit or related to the city’s approval of a cannabis activity. The city, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.

L. Indoor Cultivation for Personal Use

1. The indoor cultivation of seven or more cannabis plants in a private residence is prohibited.

2. The indoor cultivation of six or fewer cannabis plants in a private residence shall be permitted to the extent permitted by state law, and subject to the following standards:
a. The maximum number of cannabis plants that may be cultivated per private residence is limited to six, regardless of the number of persons that reside in the private residence. Only one person may register for each private residence, and a person may not register at more than one private residence in the city.
b. The cultivation shall only occur either inside of a private residence, or inside of a fully enclosed and secure structure located upon the grounds of a private residence.
c. Cultivation lighting shall not exceed 600 watts. The cultivation shall not draw more power than the structure and electrical service is designed to handle and shall not constitute a fire hazard.
d. The use of compressed gases, including but not limited to carbon dioxide and butane, for cultivation or processing is prohibited. e. The property shall remain at all times a private residence with a legal and functioning kitchen, bathrooms and bedrooms for their intended use and such cultivation shall not prevent the property’s primary use as a residential use. The cultivation activities shall be conducted in a manner that maintains a clear and unobstructed path to outdoor window(s) and interior door(s) at all times.

33 f. If cultivation occurs in a garage, it shall be conducted in a manner that does not reduce required off-street parking.
g. The cultivation area shall include an adequate ventilation and filtration system to ensure that odors from cultivation are not detectable beyond the subject property, and shall be designed to prevent mold and moisture in order to protect the health and safety of persons inhabiting the residence. h. Any chemicals used for cultivation shall be properly and safely stored outside the habitable area of the residence.
i. The cultivation shall not use more water than is reasonably required to cultivate the maximum number of permitted cannabis plants. j. The cultivation area shall comply with all applicable provisions of the building and fire codes.
k. The cultivation area shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts and shall not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
l. The maximum plant height of any indoor cultivated cannabis plant shall not exceed six feet, as measured from the base of the floor to the highest point of the cannabis plant(s).
m. The fully enclosed structure where the cannabis cultivation is occurring must have valid building, electrical, and plumbing permits, if applicable. n. Any cannabis cultivation that does not meet the requirements set forth in this section is prohibited, is unlawful and constitutes a public nuisance.

M. Exceptions

1. To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person 21 years of age or older from:
a. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis; b. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis; c. Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code Section 11362.3; d. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons 21 years of age or older without compensation whatsoever; or
e. Engaging in the indoor cultivation of six or less live cannabis plants within a single private residence or inside an accessory structure located upon the

34 grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code Sections 11362.1 and 11362.2, and to the extent that such cultivation complies with CMC 17.24.050(L).

2. This chapter shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.

3. This chapter shall also not prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to the MAUCRSA.

N. Violations and Penalties
In addition to any other enforcement permitted by Chapter 17.02 CMC, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 17.02 CMC, this chapter does not authorize a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter

17.02 CMC and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

O. Public Nuisance Prohibited
It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge of any parcel within the city to create a public nuisance in the course of cultivating, manufacturing, selling, or distributing cannabis or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:

1. Odors which are disturbing to people of reasonable sensitivity or present on adjacent or nearby property or areas open to the public.

2. Repeated responses to the cannabis business by law enforcement personnel.

3. A repeated disruption to the free passage of persons or vehicles in the neighborhood, or excessive noise, exceeding the noise levels set by Chapter

9.40 CMC, which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.

4. Any other impacts on the neighborhood that are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the building, excessive vehicular traffic or parking occurring at or near the cannabis business, and excessive noise emanating from the cannabis business.

5. Outdoor growing and cultivation of cannabis.

35 17.24.070 Drive-through Facilities.

A. Types of Drive-through facilities.

The following uses may include drive-through facilities:

1. Pharmacies and Drug Stores.

2. Banks and Credit Unions.

3. Eating places such as restaurants, fast food restaurants, and cafes.

4. Dry cleaning and laundry services.

5. Other land use deemed appropriate by the director, as determined pursuant to the procedures established in Chapter 17.04.070 CMC.

B. Development Standards.

The following standards shall govern the establishment and operation of drivethrough facilities:

1. Development Standards. Uses incorporating drive-through facilities shall comply with each of the following development standards:
a. Minimum lot area shall be one-half acre and may be reduced when the establishment is within an integrated commercial center or as modified by the planning commission.
b. Maximum lot coverage shall not exceed 40 percent of the lot area. c. The minimum gross floor area incorporating a drive-through facility shall be 2,000 square feet, excluding associated outdoor seating areas. d. Setbacks. Building setbacks shall follow the requirements of the underlying commercial zoning districts.
e. An additional setback is required when the lot is adjacent to residentially zoned properties or residential land use. The building, including the drivethrough lane and windows, shall maintain a minimum 25-foot landscaped setback from street property lines
f. Maximum building height shall not exceed 35 feet.

2. Parking. The parking requirements shall comply with Chapter 17.22.090 CMC.

The gross floor area for outdoor seating shall be subject to the same parking requirements.

3. Site Design.
a. Buildings shall be oriented toward the street with drive-through lanes, pickup windows, and off-street parking spaces oriented toward the rear or side yards.
b. Decorative low garden walls shall be provided to screen the parking lot and the drive-through lane from the view of the public street.

36 c. All service and loading areas shall be screened from public view to the extent possible.
d. Pedestrian routes shall not cross driveways or stacking lanes to reach the building’s entrance.
e. Site design shall minimize pedestrian and vehicle conflicts by creating opportunities for courtyards, plazas, outdoor seating areas, and landscaped pathways that promote safe and convenient pedestrian movement. f. Pedestrian access and coordinated site furnishings to enhance the bus stops, if near or adjacent to the project site, shall be required as feasible. g. Outdoor seating areas shall be oriented close to the main building entries, and design the area as an integral part of the project and not simply leftover areas of a site. h. Reciprocal access between adjacent parking areas shall be provided, where feasible, so that vehicles are not required to enter the street in order to move from one area to another on the same or adjacent sites. i. The number of curb cuts shall be minimized to reduce pedestrian conflicts along the street and encourage walkability and accessibility. j. All utility mechanical equipment such as electric and gas meters, electrical panels, cable boxes, and junction boxes must be located in a utility room within the building.
k. Any outdoor mechanical equipment on a roof, side of a structure, or on the ground shall be screened from public view. The screening method must be architecturally integrated with the building design in terms of materials, color, shape, and size.

4. Drive-Through Lane Design. The following requirements apply to any use with drive- through facilities:
a. Each drive-through lane shall be separated from the circulation routes necessary for ingress and egress from the property or access to any parking spaces.
b. Drive-through lane shall have a minimum width of 12 feet. c. Each drive-through lane shall provide clear pavement markings for the entrance and direction of traffic flows.
d. Discourage stacked drive aisles that create conflict. e. Drive-through restaurants must submit a traffic study to determine the vehicle stacking capacity and the design and location of the ordering and pick-up windows. The traffic study shall address the following issues:
i. Nature of the product or service being offered.
ii. Method by which the order is processed.
iii. Time required to serve a typical customer.

37 iv. Arrival rate of customers and peak demand hours. v. Anticipated vehicular stacking required.

5. Architecture.
a. Building entries shall be located toward the street where a pedestrian can access directly off the public sidewalk to define the street frontage and denote pedestrian areas.
b. Prototypical, corporate architecture and color schemes shall be avoided.

The use of fluorescent paints and bright colors is prohibited. c. Building elevations shall have articulation. Avoid blank walls by:
i. Varying the planes of the exterior walls in depth and/or direction, and adding window openings and/or entrances and other relief; ii. Adding vertical pilasters, which may reflect the internal building structure;
iii. Adding vertical trellis, green screens, or other landscape features; iv. Changing color and texture along the wall surface;
v. Adding trims, projections, and reveals along different wall surfaces; and vi. Articulating the building facade by varying juxtaposition of building elements.
d. Covered walkways at building street frontages and decorative overhead trellis shall be provided for outdoor seating areas. Use the same materials and colors for the covered walkways as with the building. e. Ladders for roof access shall be from the inside of the building. f. Storefront windows shall be kept clear and visible to the public right-of-way, free of any frosting or window treatments that obstruct visibility into the business.
g. A decorative covered structure over the pick-up windows shall be provided to add depth and variation to the facade.

6. Landscaping and Lighting
a. The minimum on-site landscaping shall equal 10 percent of the lot area, excluding the required front, side, and rear yards.
b. Comply with the landscaping requirements of CMC Section 17.22.060. c. Trees shall be planted within parking lots to provide heat-reducing shade.

Select evergreen and canopy shade tree species for a parking lot. d. Any play structures shall be placed indoors. The indoor play structure shall be ancillary to the restaurant’s use and shall not dominate the main building. e. Lighting shall be provided within parking lots. The lights must be directed and shielded to prevent light and glare from intruding onto adjacent sites.

38 7. Signs. A sign program is required prior to the issuance of building permits and installation of any signs. Corporate signage shall not dominate the building facade.

C. Maintenance.

1. The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties.

2. Adequate trash containers shall be provided. The employees shall pick up trash originating from the site, both on site and within 50 feet of the site’s perimeter, daily.

3. No undesirable odor shall be generated on site.

4. All merchandise, wares, crates in the form of temporary and permanent storage, displays, and goods offered for sale shall be maintained wholly within the building. Storage of any kind is contained completely within an enclosed structure.

D. Noise.

Noise emanating from sound systems, including intercom and public address systems, shall not be audible beyond the property line.

17.24.080 Drive-up Kiosks
Drive-Up Kiosks, as defined in the CMC Chapter 17.28 Glossary. The following requirements apply to any use of a drive-up kiosk:

A. Development Standards.

1. Drive-up kiosks shall be set back a minimum of 50 feet from all alleys, streets, highways, and on-site collector roads.

2. Kiosks shall be located at least 50 feet away from any other building.

3. Kiosks shall not be located where they conflict with pedestrian walkways or vehicular drive aisles.

4. The maximum building size shall be 100 square feet, and the building shall be affixed to a permanent foundation.

5. Kiosks shall have one-way drive-up lanes at least 12 feet wide.

6. Entrances and exits shall be clearly marked and not conflict with traffic movement in and around the commercial center.

7. The building and roof materials shall be in a natural color, require no painting, and be designed in the same architectural style as the primary buildings in the center. If no architectural style is established, the building design shall complement the center.

8. Lighting shall be indirect and not reflect on adjoining property.

39 B. Landscape Requirements.

1. A kiosk shall be surrounded by a minimum six-foot-wide landscape strip, except at the entrance, drive-up window, or walk-up window.

2. Planters shall be enclosed by a six-inch-wide reinforced, continuous curb at a height to be determined by the Director.

3. A detailed landscaping plan, including common and botanical plant names, quantities, sizes, heights, and spacing for each, shall be submitted for the Director’s review and approval.

C. Signs.

Signs shall conform to the sign regulations, except that only wall signs shall be permitted, no roof signs or signs above the building's ceiling shall be allowed, and no more than five percent of each wall may be devoted to signs.

D. Parking
One parking space shall be provided for each employee on duty. If parking spaces have been removed from the center property, they shall be replaced unless a surplus of spaces exists. In that case, a parking plan shall be submitted for the Director's review demonstrating how the overall property complies with city parking requirements.

E. Maintenance.

All facilities and landscape areas shall be continuously maintained and kept free of trash and debris.

F. Abandonment.

Removal of Abandoned Uses. Any drive-up kiosk that has been abandoned for 15 or more consecutive days shall be removed from the site at the director's request.

Failure to remove the structure from the site within 30 days after receiving written notice may result in prosecution for a violation.

G. Violations.

Violations of any of the prescribed criteria for kiosks shall be cause for revocation and voiding of the permit and/or license, subject to the same public hearing procedures in CMC 17.02.120.

17.24.090 Drop-Off Bins
A. Location.

1. Shall be located in parking areas to avoid conflict with vehicular and pedestrian traffic.

2. Bins shall be set back at least 50 feet from all alleys, streets, highways and onsite collector roads.

3. Bins shall be located at least 50 feet from any buildings.

40 4. Bins shall be located on raised concrete pads at least six inches above the adjacent finished grade.

B. Landscaping.

There shall be at least two feet of raised planter around each drop-off bin or facility.

17.24.100 Gated Community Design Regulations
A. Design Features of Entry and Exit Gates.

1. Gate Material. The moving portion of the gate shall be constructed of material that is at least 80 percent open. Typically, wrought iron or other decorative material is used.

2. Lighting. Lighting fixtures shall be installed and maintained at the access points to ensure vehicle and pedestrian safety. The required lighting shall be automatically controlled to turn on during the hours of darkness.

3. Pedestrian Access. Each access point shall provide pedestrian access and a walkway that is separate from the driving lanes and links directly to the public sidewalk. Pedestrian walkways shall meet all accessibility standards required by the Americans with Disabilities Act.

4. Emergency vehicle access is required. Each project must receive approval from the Los Angeles County Fire Department.

5. Turnaround feature. Each gate access point shall have an area that allows traffic to safely maneuver a turnaround when the gate is closed, in compliance with the Public Works Standard Drawing for Residential Project Gate Entrance.

6. Stacking area. Each access point shall show an area of sufficient length and width to safely stack traffic coming onto the property from the adjacent roadway, Public Works Standard Drawing of Residential Project Gate Entrance.

B. Access and Circulation Details.

1. The entry and exit gates shall comply with the Public Works Standard Drawing of Residential Project Gate Entrance.

2. No encroachment into publicly owned right-of-way. The gates, operating equipment and fencing shall be located wholly within the private portion of the property. The property line shall be clearly indicated on the site plan. Swing gates are not allowed to encroach into the public right-of-way. The drives, streets and lanes inside a gated community are to remain private.

17.24.110 Hotels and Motels.

A. Purpose.

This section establishes development standards and operational requirements for hotels to ensure high-quality development and to mitigate impacts such as crime, urban blight, and excessive use of public resources.

41 B. Occupancy standards.

1. Each hotel shall have at least 25 guest rooms, and no room shall be less than 280 square feet.

2. No hotel guest room shall be rented to any person for continuous occupancy for more than 30 consecutive calendar days, counting portions of calendar days as full days. Hotel guest rooms may not be rented for less than one day.

C. Development Standards.

These standards shall not be so construed as to replace or reduce any minimum zoning, building, or other municipal code requirements of more general application; provided, however, that whenever the requirements of this section are more restrictive, or impose greater minimum requirements, the requirements of this section shall control.

1. Lobby size. The lobby must be at least 300 square feet, plus 25 square feet for every five rooms. It must be conveniently accessible to all entrances and corridors, and the front desk must be located to support employee and guest activities.

2. Setbacks. Comply with the following setbacks requirements:

Table 17.24.110-1 Setbacks for Hotels and Motels
Setbacks
(feet)
Abutting or Adjacent to ResidentiallyZoned PropertyAbutting or Adjacent to Non residentially-Zoned
Property
Front 35 25
Interior Side 25 15
Street Side 25 20
Rear 25 feet for a two-story hotel or 35 feet in
building height measured from the peak
or the parapet of the roof; for each foot
of building height above 35 feet add 1.5
feet of building setback up to a
maximum of 60 feet.

3. Site layout, Parking, and Circulation.
a. Hotel projects shall be designed with the hotel building(s) plotted at the street/front building setback line, with the overnight parking area located at the rear or side of the building(s).
b. Hotel projects must align the primary (long) axis of the building parallel to the street. Alternatives may be considered for sites with narrow street frontages.

42 c. Provide a separate guest drop-off area at the main entrance that does not interfere with the primary driveway network. The Planning Commission may waive the requirement for a separate guest drop-off area if the project includes additional amenities beyond the minimum required. d. Parking spaces shall be located in areas that are readily accessible to all rooms and any ancillary uses.
e. Parking standards shall comply with CMC 17.22.xxx. Provide electric vehicle charging stations in accordance with CalGreen Standards. f. All buildings separated by a parking lot must be connected by pedestrian pathways at least ten feet wide, with shade structures and seating provided at intervals.

4. Equipment screening. All mechanical equipment and utility connections, including HVAC units, electrical meters, and gas meters, must be screened from public view. Rooftop equipment must not exceed the height of the roof parapet that conceals it.

5. Comply with CMC Section 17.22.160 wall fences and screening.

C. Design Standards.

1. Hotel design must include varied design elements and colors to minimize monotony and repetition across all wall planes. Articulation is required on all elevations.

2. Hotel design must use materials that convey permanence and beauty, such as brick, stone, tile, marble, granite, concrete, steel, and glass, on all sides of the building.

3. Break up large wall expanses with varied heights, setbacks, color arrangements, facade elements, or landscaping.

4. Enhance pedestrian walkways with landscaped setbacks, planters, trees, stamped concrete, and other decorative features.

5. The main entrance shall be clearly visible from the abutting street and/or principal driveway area.

6. Incorporate a prominent feature at the main hotel entrance, such as a water feature, public art, or landscaping.

7. Use light-scaping, such as uplights and downlights, to accentuate the hotel's architectural design.

E. Landscaping Standards.

1. Comply with all applicable landscape standards of CMC Section 17.22.060.

2. At least 10 percent of the total site area must be landscaped, not including required setback areas.

3. Larger trees and shrubs must be placed at vehicular and pedestrian entrances and site focal points.

43 4. Provide a minimum 6-foot landscaped strip around buildings, excluding walkways, driveways, and parking stalls.

5. Provide a landscaped buffer at least 5 feet wide along all sides of parking lots that are not adjacent to a residential zone.

F. Amenities.

1. Provide the following minimum on-site amenities.
a. A pool and spa with an adjacent seating area. The pool and seating area must be buffered from any driveway, parking stall, or pedestrian walkway by a landscaped strip at least 7.5 feet wide. Pool areas shall be fully enclosed by a security fence five to six feet high, constructed of wrought iron, brick, or other ornamental materials.
b. A minimum of 10 square feet of conference meeting area shall be provided for each guest room. Such room(s) shall be conveniently accessible from the kitchen and service areas.
c. Each development may include the following ancillary uses: cafes, graband-go markets, gift shops, on-sale liquor, business services, and fitness centers.
d. The development shall include sufficient storage, janitorial, and related space to accommodate all maintenance and procurement operations.

2. Additionally, provide two of the following on-site amenities:
a. Valet parking
b. Spa services (if not provided as an amenity to meet one of the above requirements)
c. An indoor pool;
d. Fire pits and an outdoor patio (if not provided as an amenity to meet one of the above requirements);
e. Indoor or outdoor recreation court (basketball, volleyball, etc.); f. A water play area;
g. Penthouse suites with full balconies;
h. Concierge services;
i. Participation in a regional airport shuttle service; j. Overnight laundry and dry-cleaning services;
k. Office space/workspace rental program;
l. Pet amenities, including, but not limited to, acceptance of cats and dogs in rooms, complimentary pet treats, availability of pet bedding, crates, food and water bowls, and a listing of local pet services, such as pet walkers, pet sitters, veterinarians, pet shops, and groomers. Pet play/exercise areas are strongly encouraged.

44 3. Other amenities may be considered in lieu of one of the required amenities, subject to Director approval
G. A Market Feasibility Study is required. The City may hire a consultant to prepare the study or require the applicant to do so, subject to independent peer review. The applicant is responsible for all associated costs. The study must address at least the following:

1. A complete listing of proposed facilities, amenities, and services (e.g., number and type of rooms, meeting space square footage, recreational amenities, business services such as data ports, workstations, etc., in-room amenities such as refrigerators and microwaves, laundry service, food service such as restaurants or coffee shops, etc.

2. Provide details on the hotel's business model, ownership, and franchise.

3. Provide a business and financial history of the proposed developer and any potential operators, including principals, experience, years in business, capitalization, project list, number of units owned, average rates, and occupancy rates.

4. Assess whether the proposed hotel is financially feasible by addressing an unmet need for hotel rooms in the city. Include an analysis of the economic environment and projected future conditions that affect hotel operations and accessory uses.

5. Analysis of the proposed hotel's projected market base.

6. Three-and five-year projected occupancy rates, projected average daily rate for the proposed hotel, and revenue per available room trends for hotels within the city.

7. Estimate the hotel's market share for the first five years and indicate whether it will primarily attract guests from existing hotels in the city.

8. Analyze the economic impact on existing hotels, including estimated market dilution and any potential adverse effects on the financial viability of current hotels.

H. Public Safety Standards.

No hotel shall create an unreasonable or excessive demand for police services. To demonstrate compliance with this standard, an application for a hotel conditional use permit must include the following information:

1. A management plan that describes how the hotel will address potential criminal activities at the site.

2. A lighting plan that demonstrates how the hotel's proposed lighting will illuminate the site to the extent necessary for a peace officer to adequately observe the property from a patrol car.

3. A site plan designed to allow for visibility from the public right-of-way for peace officers in patrol vehicles.

45 4. Hotel operators must always maintain a current point of contact with the Covina Police Department and Los Angeles Fire Department for law enforcement, public health, and safety issues. A police and fire inspection is required when a hotel changes ownership or operator.

5. Hotel owners and employees must be trained to identify criminal activity.

6. Install a security camera system with access for the Covina police department.

Recordings must be retained for at least 30 days.

7. Hotels that provide entertainment shall obtain an entertainment permit.

17.24.120 In-Home Businesses and Cottage Food Operations A. In-Home Businesses and Cottage Food Operations.

In-Home Businesses and Cottage Food Operations may be conducted from a residence, subject to the following conditions:

1. No customers, clients, prospective customers, or clients shall visit the site to conduct or consider business.

2. No sales, delivery, or storage of merchandise shall be permitted at the residence except for limited storage of arts and crafts products made at the house.

3. The business shall not interfere with the use of the garage for parking purposes.

4. No commercial or identifying signs shall be used. The residential address shall not be used for advertising purposes or on any business stationery, fliers, cards, or handouts.

5. In no way shall the appearance of the structure or the activity therein be altered or conducted to be reasonably recognized as serving a nonresidential purpose.

6. The business shall not cause disturbances such as noise, odors, glare, smoke, temperature changes, electrical interference, or groundwater pollution.

7. No mechanical equipment shall be used, except that which is normal and customary for residential use. Equipment used shall be limited to 1.0- horsepower motors and shall be operated on normal household electrical current.

8. No person other than residents of the immediate household may be employed or engaged in the conduct of the business.

9. The following uses are expressly prohibited for consideration as a home occupation business: vehicular repair, firearms or weapon sales, and the manufacturing of substances or products.

10.Arts and crafts and similar hobby work are exempt from the prohibition against manufacturing if the businesses meets the following criteria:
a. Limit gross sales to a maximum of $20,000 per year.

46 b. Prohibit activities which can be heard on adjacent properties between 6:00 p.m. and 10:00 a.m., and on Sundays. Activities must comply with standard noise regulations between 10:00 a.m. and 6:00 p.m.
c. Prohibit activities and storage which are visible from adjacent properties or public rights-of-way.

11. Only in-home businesses that are found by the director or the designee to meet these standards and to be compatible with residential uses shall be permitted.

12. Once approved, the in-home business license shall be valid until December 31st of that year. Thereafter, the applicant shall apply for renewal; if approved, the license shall be valid until December 31st of the following year. Only one in-home license shall be permitted per household.

13. Cottage food operations may operate as in-home businesses, subject to compliance with the California Department of Public Health and the following requirements:
a. All cottage food businesses shall be limited to producing and selling the lowrisk baked and shelf-stable foods as defined in Health and Safety Code Section 113758.
b. Any foods not covered by Health and Safety Code Section 114365.5(a), including prepackaged foods and hot beverages (cocoa, coffee, cider, and tea), are prohibited from being sold by cottage food operations. c. The sale of food by cottage food operations from residential properties shall be limited to the hours between 8:00 a.m. and 6:00 p.m. d. Cottage food operations shall obtain all necessary health permits from the County of Los Angeles Department of Public Health (Environmental Health) before an in-home business license is issued.

17.24.130 Massage Facilities
A. Purpose and Intent.

The purpose of this section is to provide standards for massage establishments, where allowed in compliance with the Covina Municipal Code (CMC), Title 17 Zoning, and Title 5, Chapter 5.36 Massage Establishments. The City recognizes the potential for unlawful activities associated with massage therapy that can threaten the community's quality of life if not properly regulated. Prostitution and other businesses engaged in illegal activities may use the guise of a massage establishment to shroud their activities. They can pose significant risks to massage patrons and massage technicians when improperly or insufficiently trained or managed. The regulations established in this section are to protect the health, safety, and welfare of the residents and visitors of the City. They are consistent with all applicable laws of the State of California. This section provides clear direction and purpose for establishing and operating massage businesses in Covina.

47 B. Applicability.

This section applies to all businesses proposing to conduct massage, including accessory massage services or businesses as defined in CMC Chapter 5.36.

C. Massage Establishments.

Massage establishments as defined in CMC Chapter 5.36 shall be permitted in Community Commercial (CC) and Regional Commercial (RC) zones, provided that the massage establishment obtains a Conditional Use Permit pursuant to CMC Chapter 17.04, complies with the requirements of Chapter 5.36, and all other local and state requirements for such a use.

D. Accessory Massage Services.

Accessory massage services as defined in CMC Chapter 5.36 shall not be subject to the application of this Section or the requirements of Chapter 5.36. However, the primary business must obtain an Administrative Conditional Use Permit to include the accessory massage service as part of its business operation. The primary business must occupy at least 70% of the gross floor area of the business location.

E. Application-Massage Establishment.

Applications for massage establishments pursuant to Chapter 5.36 shall be filed with the community development department, together with the filing fee established by City Council resolution. The application shall be accompanied by information and materials determined necessary by the community development department and reasonably related to areas of lawful city concern and authority, including, but not limited to, a site plan, a floor plan, and documentation demonstrating that all licensing requirements have been met.

F. Approval-Massage Establishments.

In conjunction with the approval of a Conditional Use Permit or Administrative Conditional Use Permit (as applicable) pursuant to Chapter 17.04.020 CMC, a massage establishment may be approved unless the Planning Commission makes the following findings:

1. The applicant or any of the applicant's proposed employees, after a full hearing by administrative proceeding or state court, has aided and abetted any of the offenses listed in this section;

2. The applicant has made a false, misleading, or fraudulent statement or omission of fact to the city in the permit application;

3. The application does not contain all of the information required by this section;

4. The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, without limitation, health, zoning, fire and safety requirements, regulations, and standards;

5. The applicant has not satisfied the requirements of this chapter in the time specified; or

48 6. The location of the proposed massage establishment has within a twelve (12) month period prior to the submittal of the application:
a. Been the site of a violation of this chapter, or any similar criminal or civil ordinance, law, rule, or regulation of the State of California or any other public agency related to the operation of massage establishments and where an action for nuisance abatement has been sustained. b. Been the site of a massage establishment that was closed due to criminal activity and where an action for nuisance abatement has been sustained.

For purposes of this subsection, closure due to criminal activity includes voluntary closure of a massage establishment after there have been arrests at the location or other notices relating to criminal activity, c. Been the site of a massage establishment where violations have not been addressed in the time specified in the notice of violation or administrative citation and where an action for nuisance abatement has been sustained.

G. Denial.

If the application is denied for failure to comply with this chapter, the applicant, owner, and operator of the massage establishment may not reapply for a period of five (5) years from the date the application was denied.

H. Noncompliance-Massage Establishments.

The planning commission may revoke approval of the massage establishment upon a determination at a public hearing that the above conditions or the conditions set forth in Chapter 5.36 are not being met. Notification of the hearing shall be in accordance with standard notice procedures. The applicant or any interested person may appeal the decision of the planning commission to the city council within 10 calendar days of the planning commission hearing. The applicant shall be responsible for all city enforcement costs associated with the revocation of a permit as a result of the violation of applicable conditions.

17.24.140 Mobile Food Truck Facilities
A. Permits and Approvals

1. The mobile food facility operator must have the express written permission of the site owner and the on-site business owner, if different, where it intends to operate.

2. The mobile food facility operator must possess a valid permit, certificate or other required approval from the Los Angeles County department of public health to sell food and/or beverages to the public.

3. The mobile food facility operator must possess a valid administrative conditional use permit for a mobile food facility and pay all applicable fees.

4. The mobile food facility operator must possess a valid city of Covina business license.

49 5. All food products sold or provided from the mobile food facility shall comply with all labeling requirements established by the state of California and the operator must obtain all required permits, including without limitation health permits, to sell or provide such items.

B. Operations and Sales

1. No alcoholic beverages, general merchandise or commercial sales other than food are permitted from a mobile food facility.

2. No amplified music or other sound may be emitted from a mobile food facility.

3. A mobile food facility may only sell food to the public between the hours of 2:00 p.m. and 9:00 p.m. on any day; provided, however, that a mobile food facility may occupy the site for up to one hour prior to opening and up to one hour after closing in order to setup and take down operations for that day.

4. No mobile food facility shall discharge any liquid (e.g. water, grease, oil, etc.) onto the site or into any public streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the operator;

5. An operator shall maintain a clearly designated litter receptacle in the immediate vicinity of the mobile food facility, marked with a sign requesting use by patrons. Prior to leaving the site, the operator shall remove of all trash generated by the operation and within a 25-foot radius of the mobile food facility;
C. Parking, Access, and Safety

1. While the mobile food facility is occupying the site, there must be sufficient remaining off-street parking to meet minimum requirements under the Covina Municipal Code and the mobile food facility may not obstruct access to the remaining off-street parking.

2. The mobile food facility may not sell or distribute any item in a manner than causes any person to stand in a public highway, alley or street.

3. No portion of a mobile food facility may encroach onto a public sidewalk, including any signage, equipment or furniture related to its operations.

4. Such other conditions as the City Manager, or designee may require to protect the health, safety and welfare of the community.

17.24.140 Model Home Sales Office
A. Intent.

Model homes may be used as offices solely for the sale of homes within a new subdivision or recorded tract, subject to the following conditions:

1. Approval of a model home sales office shall be for a two-year period. Upon the expiration of the two-year period, the model home sales office use shall be

50 terminated and the structure restored back to its original condition. Extensions may be granted by the director of community development in one-year increments up to a maximum of two additional years or until 90 percent of the development is sold, whichever is less.

2. The subdivider shall submit to the city a cash deposit, letter of credit, or other security determined satisfactory by the city to ensure the restoration of the residential dwelling unit and removal of the model home sales office use.

3. The model home sales office is to be used only for transactions involving the sale, rental, or lease of lots or structures within the subdivision or tract in which the model home sales office is located.

4. The subdivider’s failure to remove a model home sales office and restore residential dwelling unit, or failure to apply for an extension of the administrative conditional use permit before the expiration of the permit, will result in the subdivider’s forfeiture of the security provided and a halt in further construction or inspection activity on the project site, and may result in an enforcement action to ensure restoration of the residential dwelling unit.

5. The subdivider shall complete street improvements and provide temporary parking at a rate of two spaces per model home sales office to the satisfaction of the director of community development prior to commencement of sales activities and prior to the display of any model homes. The parking spaces shall be located within an off-street facility, subject to the following conditions:

The model home sales office, model homes, and on-street parking spaces shall be coordinated with the construction phasing such that there are no resident homeowners living in the homes located adjacent to the gated and secured areas of the street;
B. Parking and Fences.

1. The model homes, model home sales office, and on-street parking shall be secured with a decorative fence and gate across the street that is kept locked during nonoperating hours.

2. All fences proposed in conjunction with model homes and model home sales offices shall be constructed and installed outside of the public right-of-way.

3. The subdivider shall provide an area for off-street overflow parking to the satisfaction of the director of community development. The overflow parking area shall be located adjacent to the model home sales office, in an outside secured area, appropriately signed, and provided with a drive approach constructed to applicable city standards.

4. Parking shall be permitted only within and on the project site. Parking along adjacent or perimeter streets shall not be used to satisfy the model home sales office parking requirements.

5. The parking spaces shall be striped and shall conform to the city’s applicable standards.

51 C. Landscaping.

The subdivider shall provide temporary landscaping, including a minimum of 36- inchbox trees, within the on-street parking area and a planter area surrounding the overflow parking area.

D. Flags and Signs.

Flags, pennants, or other on-site advertising shall be regulated in accordance with the city’s sign regulations. The use of signs shall require submittal of a separate sign permit application for review and approval by the planning division prior to installation.

17.24.160 Outdoor Advertising Structure
A. Allowable Zones.

Outdoor advertising structure zones shall be created in the same manner as property is reclassified from one zone to another within the city, as set forth in CMC

17.04 Land Use Entitlements, Permits and Planning Application. When such a zone is created, it shall be designated on the city’s official zoning map as an overlay zone by adding the parenthetically enclosed letter “S” after the zoning symbol that indicates the zone in which the property is included. Outdoor advertising structure zones shall be referred to as “S zones.” B. Permitted Zones.

In addition to all other permitted uses on properties within an S zone, the erection and maintenance of outdoor advertising structures shall be permitted, subject to the regulations set forth in this code.

C. Restricted to certain zones.
“S” zones shall be overlaid only upon the following zones as the same are defined in this title: M-1 zones and C-P zones directly adjacent to freeway right-of-way.

D. Use Limitations
No person shall use, locate, construct or maintain an outdoor advertising structure on any property except in an S zone. The location and maintenance of outdoor advertising structures on such properties shall comply with the following regulations:

1. The total area of an outdoor advertising structure shall not exceed 800 square feet, nor be less than 300 square feet.

2. No advertising structure shall exceed an overall height of 35 feet, measured from the finished grade of the lot upon which the sign is located; nor shall the bottom of the structure be less than 12 feet above the grade.

3. Structures shall be supported by not more than two columns, which columns shall be metal, or material equal to or stronger than metal.

52 4. The standards for material used as a border around the sign area, as well as the screening on the back of single-faced structures, shall be as set forth by resolution of the city council, which resolution and standards therein may be amended from time to time, as necessary, to ensure the protection and preservation of the public health, safety and general welfare.

5. All outdoor advertising structures shall be maintained so as not to be unsightly to a person of normal sensibility, nor in such a manner as to constitute a nuisance at law. The Director shall be responsible for the enforcement of this subsection.

6. Outdoor advertising structures shall be located in compliance with the following:
a. No outdoor advertising structure shall be located other than in compliance with all setback requirements of the zone underlying the S zone upon which the same is located, and
b. No outdoor advertising structure shall be located within 400 feet, as measured along the street on one side thereof, of any property zoned for or used for residential, agriculture, church, school, park, hospital or civic center purposes, and
c. No outdoor advertising structure, except for bidirectional signs, shall be located within 450 feet, as measured along the street on one side thereof, of any other outdoor advertising structure whether or not on the same lot, and
d. No outdoor advertising structure shall be located within two feet of any other building or structure, except that bidirectional outdoor advertising structures may be located adjacent to one another if the distance between the same does not exceed 18 inches.

7. Advertising displays adjacent to landscaped freeways shall be subject to CMC Section 17.24.160-E.

E. Advertising displays adjacent to landscaped freeways.

Notwithstanding any other provisions of this code regarding outdoor advertising structures adjacent to a landscaped freeway, the following provisions apply:

1. Outdoor advertising structures adjacent to a landscaped freeway must comply with the following provisions:
a. Any outdoor advertising structure adjacent to a landscaped freeway shall comply with Caltrans requirements.
b. In addition to required Caltrans provisions, any outdoor advertising structure adjacent to a landscaped freeway shall be required to have an accompanying development agreement approved by the Covina City Council.
c. Any outdoor advertising structure adjacent to a landscaped freeway shall be required to obtain a conditional use permit that complies with CMC Chapter 17.04.

53 d. Development Standards. In addition to the provisions of this chapter, any outdoor advertising structure adjacent to a landscaped freeway must comply with the following development standards:
i. Height: Not to exceed 85 feet as measured from the finished grade of the outdoor advertising structure to the highest element of the outdoor advertising structure.
ii. The size of the advertising panel shall be no larger than 700 square feet in area.
iii. Outdoor Advertising Structure Display Panel(s). An outdoor advertising structure may be single-sided or double-sided, so the face of the advertising panel is designed to be primarily visible to freeway vehicular traffic. A maximum of two advertising panels per outdoor advertising structure is allowed.

2. Outdoor Advertising Structure Display Panel Disposition. An outdoor advertising structure display panel may be either digital or static.

3. A lighting study will be required, reviewed, and approved by the planning department.

F. Exempt advertising displays.

The provisions of CMC Section 17.24.160E shall not apply to any of the following listed advertising structures or signs used exclusively to:

1. Advertise the sale or lease of the property on which the advertising display is placed.

2. Designate the name of the owner or occupant of the premises upon which the advertising display is placed, or to identify the premises.

3. Advertise the business conducted, goods manufactured or produced, or services rendered upon the property upon which the advertising display is placed.

G. Removal of prohibited structures.

Notwithstanding any other contrary provisions of this code regarding the removal of nonconforming uses, any advertising structure that is now, or may hereafter be, in violation of any of the provisions of CMC Sections 17.24.160-A through

17.24.160-G shall be removed within three years of the effective date of the ordinance codified in this title, except:

1. Outdoor advertising structures having supporting columns of wood shall be removed within one year of the effective date of the ordinance codified herein.

2. Outdoor advertising structures which comply as to location and zone, but not construction, shall be made to comply or be removed within one year of the effective date of the ordinance codified herein.

3. Outdoor advertising structures which may become nonconforming due to the future landscaping of a section or section of a freeway shall be removed within

54 three years of the time the freeway landscaping has been completed or accepted, and the character of the section or sections has been changed from a freeway to a landscaped freeway.

17.24.170 Outdoor Dining and Display within Public Right-of-Way A. Purpose and intent.

This chapter establishes regulations that permit limited outdoor dining and commercial display in the public right-of-way as an ancillary use for adjacent primary businesses on private property. Outdoor dining and display must not restrict public access or detract from the area's image and appearance.

B. Definitions.

1. “Outdoor dining” is defined as the use of an adjacent, outside area by a food or beverage establishment for the same eating and drinking activities that occur within the establishment. The outdoor dining area may be located in a public right-of-way pursuant to this chapter.

2. “Outdoor display area” is defined as the area in which goods are placed outside a building for display or sale purposes, and in conjunction with permanent commercial uses located inside adjacent buildings. The display area may be on private or public property, pursuant to this chapter.

3. “Chair” shall mean either a distinct piece of furniture designed to allow one person to sit upon the same, or when seating is provided on a bench or other similar structure, then every 20 inches of seating space shall be considered as the equivalent of one chair for determining seating capacity.

C. Encroachment.

Outdoor dining and display shall be permitted to encroach into the public right-ofway pursuant to this chapter in the following areas:

1. Within the Covina Town Center Specific Plan, the encroachment is on Citrus Avenue, Badillo Street, College Street, School Street, Italia Street, Orange Street, Cottage Street and San Bernardino Road.

2. The encroachment is on or abutting Shoppers Lane.

D. Location.

1. Outdoor dining and display in the public right-of-way shall not extend beyond the boundaries of the primary business property to which such activity is subordinate.

2. Outdoor display may not encroach more than two feet into the public right-ofway.

3. Outdoor dining may extend into the public right-of-way; however, it must maintain a clear pedestrian pathway the full width of the property. The pathway shall maintain a minimum unobstructed passageway of five feet as measured

55 from the dining area to any obstruction, including but not limited to light standards, benches, street trees, and news racks.

E. Insurance.

The permittee shall maintain general liability insurance for the benefit of the City of a type and amount as determined by the City Manager to be appropriate.

F. General Standards for Outdoor Dining.

1. Development Standards.
a. Facilities and equipment must meet the quality and style standards set by the Covina Town Center Specific Plan and design guidelines, as well as any other applicable standards or policies. The design, materials, and colors of chairs, tables, lighting, and fixtures must complement the architecture and colors of adjacent buildings.
b. Outdoor dining areas with more than four tables or eight chairs must separate the dining area from the walkway using fencing, decorative plants, planters, or similar barriers to prevent encroachment into the required fivefoot pedestrian pathway. Areas with more than eight tables or sixteen chairs must install permanent fencing between the dining area and the walkway.

The Director may waive this requirement if there is no reasonable possibility that tables or chairs will encroach on the pedestrian pathway c. Outdoor dining areas serving food must provide lighting during evening hours. Fixtures must be decorative and complement the building and area's architectural character. Building-mounted lights must not cause glare or visual obstruction for pedestrians or drivers, and should illuminate only the sidewalk area.
d. Portable umbrellas are permitted if they do not obstruct the public right-ofway or walkway and do not display advertising.

2. Operational Standards.
a. The primary business owner is responsible for the proper operation of the outdoor dining area. Management or employees must supervise outdoor dining at all times. Food establishments serving alcohol must have an onsite supervisor at least 21 years old during all operating hours. Any behavior that disturbs customers or passersby may result in permit revocation. b. Establishments must keep all areas in and around the sidewalk dining area clean and free of litter and debris.
c. Outdoor dining hours of operation shall be limited to those of the associated food or beverage establishment.
d. All city-approved plans and permits for the outdoor dining area must be kept on the premises and available for public inspection whenever the establishment is open.

56 e. Outdoor dining areas shall operate in a manner that meets all requirements of the Los Angeles County Department of Health and all other applicable regulations, laws, ordinances, and standards. Food establishments serving alcoholic beverages shall also obtain all necessary permits required by the State Alcoholic Beverage Control Department.

G. General Standards for Outdoor Display.

1. Locational Standards.
a. Outdoor displays must not obstruct business entrances, pedestrian pathways, or driveways.
b. Outdoor displays may encroach up to 2 feet into the public right-of-way and must maintain at least 6 feet of clear sidewalk space on non-arterial streets and 8 feet on arterial streets.
c. Outdoor displays must not interfere with adjacent businesses' reasonable use of storefront windows for display.
d. Outdoor displays must not unreasonably obstruct the visibility of other businesses.
e. Outdoor displays must not create hazards for vehicles or pedestrians.

2. General Standards.
a. All outdoor displays shall be limited to artwork and pottery, flowers and plants, general merchandise related to the adjoining business, or other items determined by the director to be consistent with the intent of this code and the downtown redevelopment plan.
b. All outdoor displays must be portable and removed from public view at the end of each business day.
c. Outdoor displays must be kept clean, neat, attractive, and in good repair at all times.
d. Outdoor displays shall not include signs or contain advertising materials.

However, restaurant menu signs will be allowed, provided they do not exceed 6 square feet (limit one per business).
e. Outdoor displays shall be limited to the hours of operation of the originating business.
f. Outdoor displays shall be limited to a maximum area of one-half square foot of display area for every foot of store frontage on the street. g. The design and configuration of exterior displays shall be attractive, compatible with the building's architecture, and incorporate themes, colors, and materials consistent with the downtown redevelopment plan.

H. Application, Fees and Permits.

1. Outdoor dining and display require approval through a site plan review as described in CMC Chapter 17.04.

57 2. An encroachment permit must be obtained from the city before any outdoor display or dining is permitted.

3. Applications and fees shall be filed with the Planning Division in the format or checklists prescribed or issued by the Director.

I. Review Process, Approval Authority, and Appeal.

1. The Director has the authority to approve a minor site plan review for outdoor display areas that conform with CMC Section 17.24.170 G, and outdoor dining areas that have up to a maximum of eight tables or 16 chairs.

2. The Planning Commission has the authority to review and approve a site plan review as described in CMC Chapter 17.04 for outdoor dining areas with more than eight tables or more than 16 chairs.

3. Conditions of Approval. The Director or the Planning Commission, as applicable, may impose reasonable conditions of approval to ensure that outdoor dining and display areas operate in a manner that is not detrimental to the public health, safety, and welfare, is consistent with all applicable codes, policies, and guidelines, and enhances the image, appearance, and vitality of the area where the use is located. This includes, but is not limited to, authority to regulate the design, layout, materials, colors, quality, and appearance of outdoor dining and display areas; to require security deposits, insurance, and other reasonable financial guarantees; and to prescribe operating terms that the permittee must comply with.

4. The appeal procedures shall comply with the requirements described in CMC Chapter 17.02.

5. Terms and Renewal.
a. The Director may approve an outdoor dining or display area for a maximum of one year. Renewal permits may be granted for one-year periods. b. The Planning Commission may approve an outdoor dining or display area for periods of up to five years.
c. The City reserves the right to temporarily suspend the permit upon seven days’ notice because of anticipated or actual conflicts in the use of sidewalk areas due to street repairs, parades, festivals, and other similar events.

J. Enforcement.

1. Penalties. Any violation of this chapter shall be punishable as a misdemeanor pursuant to CMC Chapter 1.28. In addition, the City may seek civil remedies for any violation, including, but not limited to, the recovery of reasonable costs for enforcement and correction of the violation.

2. Revocation. Violation of any of the standards in this code or any of the conditions imposed under CMC Section 17.24.170 shall be grounds for revocation of the permit to operate an outdoor dining or display area. Such revocation shall require a majority vote of the Planning Commission at a regular meeting to which the permittee has been given at least 10 calendar days’

58 notice. The Planning Commission's decision is final unless appealed to the City Council.

17.24.180 Public Storage Facilities
A. Submittal Requirements.

1. The applicant shall submit a report to the Director demonstrating the economic feasibility of the proposal relative to other similar facilities within a five-mile radius.

2. All leases submitted by the public storage facility to the tenants shall include the requirement for periodic safety inspections by the City.

B. Development Standards

1. No building or structure shall be located within 25 feet of any property line abutting a street unless otherwise noted in this section. All such required yards shall be landscaped and irrigated in accordance with a plan approved by the Planning Commission.

2. All primary building materials shall be of masonry such as stucco, split-face block, concrete panels, bricks, natural stones, or a combination of the stated materials.

3. The roof element on all buildings fronting on all public streets shall be approved by the Director.

4. Each public storage facility shall have an office area and adequate public restrooms.

C. Permitted Signs.

1. One monument sign. The maximum sign area is 50 square feet per face, and the maximum sign height is 10 feet, measured from the finished ground to the top of the monument sign. The minimum monument sign setback is 10 feet from the property line.
or,
One wall sign. The maximum sign area is 100 square feet, and the sign is mounted flat against the building.

2. The architectural character of the proposed sign shall be based on durable materials and on the principles of harmony and proportion in the elements of the structures. The buildings shall always be maintained in their original condition.

D. Limitations

1. No uses permitted or conditionally permitted listed in the Industrial (I) zone will be allowed in the public storage facility other than that of the storage of goods by private parties or the storing of files or inventory by businesses. No storage facility will be used as a warehouse.

59 2. All limitations described above are to be written in the tenant lease. Failure by any tenant to adhere to the restrictions listed above may result in lease cancellation.

3. All utilities available on site are not for use by tenants except for electric lighting.

Method of control of these utilities to be approved by the City.

4. All other police and fire department requirements not listed herein must be complied with.

E. Parking.

A total of six parking spaces, including one ADA parking space, shall be located at the project area's main entrance. Provide one loading space measuring 12 feet by 40 feet. All applicable provisions of CMC Section 17.22.090 shall apply.

17.22.190 Recycling Collection Facilities
A. Definitions

1. "Recyclable material" is reusable material, including but not limited to metals, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

2. "Recycling facility" is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
a. Collection Facility. A "collection facility" is a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public.

Such a facility does not use power-driven processing equipment except as indicated in subsection (C) of this section, Criteria and Standards. Collection facilities may include the following:
i. Reverse vending machine(s);
ii. Small collection facilities which occupy an area of not more than 500 square feet, and may include:
(A) A mobile unit,
(B) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet,

60 (C) Kiosk-type units which may include permanent structures, (D) Unattended containers placed for the donation of recyclable materials;
iii. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.
b. Processing Facility. A "processing facility" is a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
i. A "light processing facility" occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
ii. A "heavy processing facility" is any processing facility other than a light processing facility.

3. "Reverse vending machine" is an automated mechanical device which accepts at least one or more types of empty beverage containers including but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A "bulk reverse vending machine" is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

4. "Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

B. Permits Required.

61 The following table outlines the permit requirements for the operation of Recycling Facilities
Table 17.24.190-1
Permits Required for Recycling Facilities
A = Administrative Use Permit
C = Conditional Use permit
Type of Required Permits
Reverse vending machines A
Small and large collection facilities C
Processing facilities C
C. Criteria and Standards.

Recycling facilities permitted under an Administrative Use Permit shall meet all applicable criteria and standards. Facilities permitted under a conditional use permit or site plan review shall meet the applicable criteria and standards; however, the review authority (Director, Planning Commission, or City Council) may, at its discretion, relax such standards or impose stricter standards if it finds that modifications are reasonably necessary to implement the intent of this section.

1. Reverse Vending Machines. Reverse vending machines located inside a commercial structure do not require a discretionary permit or additional parking spaces. They may be permitted in all commercial and industrial zones with an Administrative Use Permit, provided they comply with the following standards:
a. Shall be established in conjunction with a compliant commercial use or community service facility, located within 30 feet of the entrance, and shall not obstruct pedestrian or vehicular circulation;
b. Shall not occupy parking spaces required by the primary use; c. Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;
d. Shall be constructed and maintained with durable waterproof and rustproof material;
e. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the contact information or responsible person to call if the machine is inoperative;
f. Shall have a maximum of four square feet per machine, exclusive of operating instructions;
g. Shall be maintained in a clean, litter-free condition on a daily basis; h. Operating hours shall be at least the operating hours of the host use;

62 i. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn; and
j. All outdoor storage shall be screened from view utilizing a screening fence or wall.

2. Small Collection Facilities. Small collection facilities may be sited in the Industrial (I) zone with a Conditional Use Permit and a Site Plan Review, provided they comply with the following development and operational conditions:
a. Shall be established and operated entirely within the premises of an existing compliant industrial building;
b. Shall be no larger than 500 square feet;
c. Shall accept only glass, metals, plastic containers, papers, and reusable items. Used motor oil may be accepted with permission of the local public health official;
d. Shall use no power-driven processing equipment except for reverse vending machines;
e. Shall use containers that are constructed and maintained with durable, waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
f. All recyclable material shall be stored in containers, and shall not leave materials or containers outside the premises;
g. Shall be maintained free of litter, and any other undesirable materials; must be removed at the end of each collection day; and shall be swept at the end of each collection day inside and outside the premises; h. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property; otherwise shall not exceed 70 dBA;
i. Attended or unattended facilities shall operate only during the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday;
j. The small recycling facility doors must be closed at the end of each operation day;
k. Containers shall be clearly marked to identify the type of material which may be deposited;
l. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and shall display a notice stating that no material shall be left outside the recycling enclosure or containers;
m. Signs may be provided as follows:

63 i. Signs shall be subject to the provisions of Chapter 17.26 CMC; ii. Directional signs, bearing no advertising message, may be allowed with the approval of the director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way; iii. The Director may require a sign program to be submitted for review and approval prior to the permit process and installation;
n. Shall install a video surveillance system for the business facility and shall meet with the police department prior to installation of the video surveillance system to ensure the system could deter and prevent public nuisances, and prior to the release of occupancy or the approval of the business license; o. Two additional parking spaces will be required for a small collection facility; p. Shall comply with Chapter 8.50 CMC, Storm Water Quality and Urban Runoff Control;
q. Occupation of parking spaces by the facility and the attendant may not reduce the number of available parking spaces below the minimum required for the primary industrial use;
r. Noncompliance with any conditions set forth in granting the Conditional Use Permit shall be cause for revocation and voiding of the permit, subject to CMC 17.04.030(G).

3. Large Collection Facilities. A large collection facility is one that is larger than 500 square feet, or is on a separate property not appurtenant to a primary use, and which may have a permanent building. A large collection facility is permitted in the Industrial (I) zone with a conditional use permit and a site plan review, provided the facility meets the following standards:
a. Facility does not abut a property zoned or planned for residential use. b. Facility will be screened from the public right-of-way by operating in an enclosed building or:
i. Within an area enclosed by an opaque fence at least six feet in height with landscaping,
ii. At least 150 feet from property zoned or planned for residential use, and iii. Meets all applicable noise standards in this section; c. Setbacks and landscape requirements shall comply with those provided for the zoning district in which the facility is located;
d. All exterior storage of material shall be in sturdy, covered, secured containers that are maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the San Gabriel Valley Fire Authority. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

64 e. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;
f. Space will be provided on-site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the city planner determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;
g. One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary, such as when employees are transported in a company vehicle to a work facility; h. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA; i. If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;
j. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;
k. Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;
l. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will
m. meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the city planner, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;
n. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process or at the discretion of the city planner if noise and other conditions are met.

4. Processing Facilities. A processing facility is permitted in the Industrial (I) zone with a conditional use permit and site plan review. A processing facility must meet the following conditions:

65 a. Facility does not abut a property zoned or planned for residential or noisesensitive use, such as a hospital or school; b. Processors will operate in a wholly enclosed building except for incidental storage, or:
i. Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages, ii. Located at least 150 feet from property zoned or planned for residential use;
c. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials; d. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;
e. Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located;
f. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the San Gabriel Valley fire authority. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing; g. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;
h. Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the city planner determines that allowing overflow traffic is compatible with surrounding businesses and public safety;
i. One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located;
j. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA;
k. If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

66 The facility will be administered by on-site personnel during the hours the facility is open;
l. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;
m. Donation areas shall be kept free of litter and any undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers;
n. Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; o. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

17.24.200 R-TP Residential Zone
A. Intent.

This section provides regulations for the orderly development of new trailer parks and the maintenance of existing trailer parks, ensuring a safe and attractive residential environment and assuring compatibility with adjacent uses through the application of specific design standards.

B. Permitted Uses.

Uses not explicitly listed are prohibited. If a specific land use or activity is neither defined in the glossary nor listed in the land use tables, the Director shall classify it under a category substantially similar to the business's operations and characteristics, in accordance with CMC Section 17.04.080 Use Determinations.

All land use activities must be conducted entirely within the building premises unless otherwise permitted under this section.

1. Residential trailers.

2. Incidental uses directly related to the needs of trailer park residents, including only the following:
a. Office.
b. Laundry and restroom facilities.
c. Recreation facilities.
d. Not more than two dwelling units per trailer park, for the owner, operator and/or one employee of the trailer park.

67 e. Sales of items related to the maintenance and operation of trailers within the park shall be provided; there shall be no sign visible from a street advertising such sales.

C. Development Standards.

The following table sets the development standards for parcels within the residential Trailer Park (R-TP) zoning designation.

Table 17.24.200-1
Trailer Park Development Standards
Development Standards R-TP Additional requirements

1. Trailer park Minimum
size (acres)

2.5 2. Density 2,400 square feet per
trailer space
Ratio shall include access,
trailer parking, automobile
parking, outbuilding space,
and recreational areas.

3. Trailer spaces
-each trailer space
size (square feet)
1,500
-each trailer space
width (feet)
30 4. Required Yard (feet)
Front 25 Must be landscaped
Side 5 from each side of trailer
Street side 15 Must be landscaped
Rear 25 May be used for access or
parking

5. Height (feet) Maximum 35

6. Distance Requirements (feet)
Between trailers and
accessory structures
10 Between trailers 10
Between trailers and
buildings
20 Between trailers and
vehicular access
ways
10

68 D. Vehicular and Pedestrian Access.

1. The trailer park entry driveway shall be 30 feet wide and include a turning area.

2. The driveway width to trailers shall be 25 feet.

3. The five-foot pedestrian walkways shall be provided on either side of the vehicular way.

4. No parking shall be permitted in the required accessway.

E. Sewer Connections
All trailer parks shall be connected to an available sanitary sewer as determined by the public works director; trailers without such connection are prohibited.

F. Accessory Structures.

1. No accessory building shall be constructed as a permanent part of a trailer.

Only a cloth awning or similar temporary device may be attached to a trailer.

2. Accessory structures such as but not limited to cabanas, patio covers, and other similar structures may be erected in conjunction with a trailer space; provided that in no case may any accessory structures be closer than 10 feet to any trailer other than the one it is designed to serve, or to any other cabana or ramada.

G. Site Plan Review.

The provisions of CMC Section 17.04.040 Site Plan Review shall apply.

17.24.210 Short Term Rentals
Reserved.

17.24.220 Smoke Shop and Tobacco Stores
A. Purpose.

The regulation of smoke shops and tobacco stores is necessary and in the interests of public health, safety, and general welfare because there is a substantial likelihood that such establishments will be established and operate in the City of Covina. The expansion of smoke shops and tobacco stores in the City would have undesirable impacts on the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia marketed as tobacco paraphernalia, and heightened risk

7. Walls, fences, hedges
and screening
Comply with CMC Chapter 17.22.160 Walls, Fences, and
Screening

8. Parking Comply with CMC Chapter 17.22.190 Parking and Loading

69 of negative aesthetic impacts, blight, and loss of property values in residential neighborhoods and businesses in proximity to such uses. This chapter contains amendments consistent with good zoning and planning practices to address the negative impacts of smoke shops and tobacco stores while providing a reasonable number of locations and zones within the City of Covina for such shops/stores to locate.

B. Definitions.

1. "Ancillary sale" shall mean where a grocery store, supermarket, convenience store or similar market uses no more than two percent of its gross floor area, or 200 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco.

For any grocery store, convenience market, retail kiosk or similar use consisting of 250 square feet or less, "ancillary sale" shall mean where no more than five square feet are used for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. The display, sale, distribution, delivery, offering, furnishing, or marketing of ecigarettes or any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this chapter and shall not constitute an “ ancillary sale" under any circumstances.

2. "E-cigarette" shall mean any electronically actuated device or inhaler intended to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, commonly referred to as "juice," and that causes the user to exhale smoke, vapor, or any substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.

3. "Smoke shop and tobacco store" shall mean any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store, or similar retail use that sells only conventional cigars, cigarettes, or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this chapter.

4. "Tobacco" shall mean any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.

5. "Tobacco paraphernalia" shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11054 et

70 seq. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.

6. "Tobacco product" shall mean any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

C. Zoning and Land Use Standards.

1. Smoke shops and tobacco stores are conditionally permitted only in the Community Commercial (CC) and Regional Commercial (RC) zones.

2. Location Standards.
a. Smoke shops and tobacco stores shall not be located within 300 feet, measured from property line to property line, of a school (public or private), family day care home, childcare facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
b. Smoke shops and tobacco stores shall not be located within 500 feet, measured property line to property line, from another smoke shop and tobacco store.
c. It is unlawful for a smoke shop and tobacco store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store. d. Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or to fail to cause to be displayed or maintained, such signage.

3. Standard conditions of approval for any CUP shall, at a minimum, include the following:
a. No smoking shall be permitted on the premises at any time. b. No sales may be solicited or conducted on the premises by minors.

71 c. No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.
d. No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.

17.22.230 Temporary Uses
A. Purpose.

This section sets regulations and standards for temporary activities and land uses to protect the community’s health, safety, and general welfare.

B. Permit Requirements.

All temporary uses and activities require an Administrative Use Permit under CMC Section 17.04.010. Applicants must obtain this permit and meet all requirements before starting any temporary use or activity.

C. Temporary Uses Require Permits.

1. Promotional Sales Activities. The activities include, but are not limited to, parking lot, sidewalk, or other outdoor promotional sales of merchandise. The activities are sponsored by businesses or organizations for a temporary extension of the normal retail sales in a neighborhood, community, or regional commercial centers, and upon the same premises, subject to the following requirements:
a. Each sale is limited to a maximum of 10 days per calendar year. b. No sale for any single business or any other businesses located on the same lot or parcel, or within a commercial center, shall be permitted within 30 days of another sale.
c. The activity shall not present a hazard to pedestrians or encroach on a required building exit or emergency vehicle/fire access lanes. d. Ensure safe vehicle entry and exit at all times.
e. Maintain adequate parking for the applicant’s business and all other businesses on the same lot, parcel, or within the same commercial center during the activity.

2. Seasonal Sales Activities.
a. Seasonal sales activities used as advertising for retail commercial businesses are limited to three days of operation within any three-month period.
b. Holiday-themed product sales, such as Halloween, Christmas, or Easter, may operate for up to 30 consecutive days within any 12-month period on nonresidential properties.

72 3. Special Events. This category includes temporary commercial entertainment events, such as carnivals, circuses, fairs, car shows, and festivals, subject to the following regulations:
a. All such uses shall be limited to not more than 15 days, or more than three consecutive weekends, of operation in any 180 days. Exceeding this time limitation shall require the review and approval of a conditional use permit. b. All such activities shall have a minimum setback of 100 feet from any residential use as measured from the property line. The planning director may waive this requirement if no adverse impacts, including, but not limited to, noise, traffic, odor, glare, and/or trash, would result. c. Restroom and trash facilities shall be made available during the operational hours of the event.
d. Submit a security plan to ensure the event does not pose a hazard to attendees or nearby residents for the director and Police Department for review and approval.
e. Submit a transportation management plan and a traffic control plan to ensure public safety for the director and traffic engineer review and approval.
f. Noise attenuation shall be provided to the satisfaction of the director.

4. Open-air “Pop-up” marketplace events. This category includes outdoor markets where street vendors or small-business entrepreneurs set up stalls in designated public or private spaces, such as private parking lots, streets, or common public areas.
a. All such uses shall be limited to no more than 40 days within any consecutive six-month period. Exceeding this time limit shall require review and approval of a conditional use permit.
b. All applicable provisions of CMC Section 17.24.230-C shall apply.

5. Other Temporary Activities. Other temporary activities that the Director deems to be similar in nature and intensity to those identified in this section may be approved with an Administrative Use Permit.

D. Temporary Uses Exempt from Permit Requirements.

1. Bingo games conducted by an eligible organization as described in and subject to all regulations in CMC Chapter 5.50 (Bingo).

2. Car washes of a temporary nature (e.g., school fundraisers).

3. Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.

4. Emergency public health and safety facilities established by a public agency.

73 5. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.

6. Entertainment and assembly events as part of an allowed permanent use (e.g., gathering at an assembly use).

7. Events held exclusively on city property (city hall, city facilities, parks, etc.), not including events held exclusively in the public right-of-way (street, sidewalk, parkway, etc.), e.g., marathons.

8. Events held exclusively on school grounds, and which are in conjunction with a public school use.

9. Garage and yard sales held on private property and when occurring no more than four days per calendar year.

17.24.240 Vehicle Impound Yards
A. Screening. All vehicle storage areas shall be screened from view on adjacent property or public right-of-way with decorative block walls, landscaping, buildings or other structures.

1. The Planning Commission may permit or require that the height of any screen walls be greater than otherwise permitted by this code provided no such wall shall exceed eight feet in height.

2. Vehicles shall not be stored above one another unless they are screened by approved enclosures having a height in excess of any vehicle stored above another vehicle.

B. Prevention of Contamination.

Prior to or concurrent with the issuance of any conditional use permit for an automobile impound yard, the applicant shall prepare a plan and take appropriate action for prevention of soil and ground water contamination.

17.24.250 Wireless Communication Facilities
A. Intent and Purpose
This section establishes site planning and development standards for wireless communication facilities. The city permits these facilities as needed, consistent with the Telecommunications Act of 1996, while upholding state development standards and permit requirements.

B. Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

1. "Abandonment" means inoperative or unused for 180 or more calendar days.

74 2. "Antenna" means the part of a wireless communication facility designed to transmit or receive radio-frequency or electromagnetic signals, and includes panels, wires, poles, rods, dishes, or similar devices.

3. "Applicant" means a provider of wireless communication services who applies to the City to install a wireless communication facility within the City.

4. "Cell site" or "site" means a parcel of land (or portion thereof) or a public rightof-way location that contains one or more wireless communication facilities, including any antenna, support structure, accessory building, or other components associated with or ancillary to the use of the wireless communication facility.

5. "Co-location" means the sharing of a single site and infrastructure to host two or more wireless communication facilities.

6. "Mount" refers to the structure or surface on which antennas are mounted.

7. "Project site" means the site where an applicant proposes to construct a wireless communication facility, including any antenna, mount or support structure, accessory building, or other components associated with or ancillary to the facility's use.

8. "Roof- or top-mounted" means a wireless communication facility in which the antennas are mounted on the roof or top of an existing building or structure that is not primarily a standalone facility (i.e., a utility pole or water tank).

9. "Side-mounted" means a wireless communication facility where the antennas are mounted on the side of an existing building or structure that serves a purpose other than primarily as a standalone facility (i.e., utility pole or water tank).

10."Site plan review" means the development review process as set forth in CMC Chapter 17.04.

11."Standalone facility" means a wireless communication facility whose antennas are mounted on a dedicated ground-based structure primarily designed to elevate the antennas to a usable altitude (e.g., a monopole, cell tower, etc.).

There shall be a rebuttable presumption that a newly constructed ground-based structure containing a wireless communication facility is a standalone facility, even if the structure serves other purposes (e.g., a light pole or flagpole).

12."Stealthed” means: (1) camouflaged, concealed, or otherwise not identifiable as a wireless communication facility by a casual observer, and (2) aesthetically compatible and blending with the site and immediate surroundings. Stealth may

75 be achieved by any state-of-the-art means or combination of means, including, but not limited to, the use of camouflage, textures, screening, painting, or architectural integration with the surroundings (e.g., a steeple or bell tower within a church, an unobtrusive penthouse on a roof, a false rock, a false structure, or a tree among other trees). For purposes of this definition, "stealth" or "stealthed" does not refer to and is not intended to be used as a trade name.

13."Wireless communication facility" or "facility" means a facility that provides wireless communication services.

C. Applicability.

The standards set forth in this chapter apply to all wireless communication facilities built, installed, or modified in all zones of the City of Covina after the date the ordinance codified in this chapter takes effect, including all wireless communication facilities within all city public rights-of-way.

D. Permit Requirements and Exceptions.

1. No wireless communication facility may be built, installed, or modified without first applying for and obtaining the required permits as outlined in Table

17.24.250D-1.

Table 17.24.250D-1 Permits Requirements
Types of Wireless
communication
Facilities (WFC)
 - Required
NA – Not applicable
Minor
Site
Plan
Review
Major
Site
Plan
Review
(SPR)
Conditional
Use Permit
(CUP)
Encroachment
Permit
(EP)
Additional
Requirements
New WFC (pole,
stealth or camouflage)
either free-standing,
roof-mounted, or sidemounted
NA   NA
Co-location to existing
WFC with approved
CUP and expand
related groundmounted equipment or
shelter units
NA  NA NA
Replacement of WFC,
extend height, or
expand the WFC
NA  NA NA
Relocation of WFC to
a different site
NA   NA

76 Replace antenna
panels (no increase in
panel numbers)
 NA NA NA
Replace and add
antenna panels, or add
microwave dishes
 NA NA NA
Add new or expand
related groundmounted equipment or
shelter units
 NA NA NA
WFC within publicright-of-way
(streetlights, utility
poles)
NA NA NA  Subject to
CMC Chapter

11.08 2. Exempt from permit requirements:
a. Sites where the construction, installation, or modification of a wireless communication facility is subject to a lease, license, or other agreement with the City.
b. Public safety communications facilities owned or operated by the City or any other public agency (e.g., sheriff, fire, federal or state safety authorities). c. Approval for wireless communication facilities on city-owned property, including utility poles and streetlights, becomes effective only after the applicant and the City sign a written agreement specifying property use and maintenance. The terms of this agreement supplement the requirements of this section.

E. Application Requirements, Procedures, Review, and Approval Process.

1. All application submittal requirements, review procedures, approval authorities, and appeal processes are set forth in Chapters 17.02 and 17.04 of this Title.

Applicants must consult those chapters for the detailed procedures and standards governing the processing and approval of development applications.

2. Noise. Provide a description of any facilities or equipment expected to generate noise, including anticipated noise levels.

3. Visual Impact Analysis. An applicant shall submit a visual impact analysis that includes a photomontage, photo simulation, or an equivalent technique, along with a building elevation plan. These documents shall demonstrate, from each of the four primary directions, the potential visual impacts of the proposed wireless communication facility, including views from both public and private property. The analysis shall evaluate the cumulative impacts of the proposed and existing wireless communication facilities. It shall also identify all feasible mitigation measures consistent with the technological requirements of the

77 proposed wireless service. All costs shall be borne by the applicant. The applicant shall submit a signed certification stating that the completed facility will appear as presented in the visual impact analysis.

4. Justification for Location/Co-Location. The applicant must justify the selected site, assess at least two alternative locations with reasons for rejection, and provide written evidence of a good-faith effort to co-locate with an existing facility. If co-location is not possible, explain why.

5. Coverage Assessment. Submit a written report detailing how the proposed facility will improve coverage. The report must identify areas of improvement, areas lacking coverage or experiencing significant degradation, and include a capacity analysis, propagation analysis, or decibel level report to demonstrate service quality before and after installation.

6. Licenses. Provide documentation demonstrating that the applicant holds all required licenses or approvals for the proposed services. This may include permits from the Federal Communications Commission, California Public Utilities Commission, or other relevant agencies.

F. Notices of Hearing/Determination.

If a public hearing before the planning commission is required, notice must be provided as specified in CMC Chapter 17.02 and mailed to all property owners within 500 feet of the site boundaries.

G. Location and Development Standards.

1. New standalone, roof-mounted, or side-mounted wireless communication facilities are conditionally permitted in the zones listed in the use tables in Chapter 17.06 Single-family Residential zones, Chapter 17.08 Multi-family Residential zone, Chapter 17.10 Commercial zones, and Chapter 17.12 Industrial zone, subject to the restrictions and requirements of this section.

2. Wireless communication facilities shall be located in the following order of preference:
a. Co-locate with existing wireless community facilities. b. On existing structures such as buildings, community towers, or utility facilities.
c. On existing power, light, or similar poles.
d. In an Industrial zone.
e. In Commercial zones.
f. In Residential zones.

3. Co-location requirements.
a. Co-Location. Where feasible, owners or operators shall share sites where wireless communication facilities are already located, thereby reducing the number of new facilities.

78 b. Good Faith Effort. All applicants shall demonstrate a good-faith effort to colocate with existing facilities. The city may deny approval to an applicant who has not demonstrated a good-faith effort to co-locate with an existing facility. Such a good-faith effort includes written evidence by the applicant of:
i. Contact with all other licensed carriers for facilities within the area of proposed coverage.
ii. Sharing nonproprietary technical information necessary to determine if co- location is feasible under the design configuration most accommodating to co- location.
c. If the applicant determines that co-location is not feasible, a written statement of the reasons why co-location is not feasible shall be submitted.

In the event the applicant determines that co-location is feasible, the applicant shall include provisions for co-location of its facility. d. All co-located facilities on a site shall be architecturally coordinated and maintained as stealth consistent with each other.

4. Setbacks/Noninterference. Except for wireless communication facilities within public rights-of-way, no facility shall be located within or extend into required setbacks of the applicable zone. All new standalone facilities must be set back at least 150 feet from the nearest residential zone line, measured from the branch end closest to the residential zone line.

5. Lot Coverage. All wireless communication facilities shall comply with all applicable lot coverage and building separation standards in the applicable zone.

6. Lights and Signals. Wireless communication facility signals or lights must meet, but not exceed, the minimum requirements of the Federal Aviation Administration (FAA) or other applicable federal or state regulations. Beacon lights shall not be included in the facility's design unless required by the FAA.

Any required lighting shall be shielded as much as possible to minimize impact on surrounding areas. Any other lighting not otherwise required is prohibited.

7. Signs. No facility or its supporting equipment shall bear any sign, graphic, or advertising device other than warning/safety signage or those required by this code or other applicable law.

8. Dish Antennas. Dish or parabolic antennas serving a wireless communication facility shall be situated so as to minimize visual impact without compromising their function.

9. Equipment Structures. Ground-level equipment, shelter units, and bases shall be concealed from public view.
a. Accessory Equipment. All accessory equipment for wireless communication facilities shall be located within an existing building, shelter unit, or underground vault. If not technically feasible (cost alone is not a factor), equipment may be placed in a separate above-ground enclosure. On

79 private property, such enclosures may not exceed six feet in height unless a greater height is needed for stealth or architectural integration. All equipment and enclosures must comply with the applicable zone's development standards.
b. Security. Accessory equipment shall be equipped with tamper-proof cabinets and/or locks to mitigate safety siting issues and shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, visual blight, and other hazardous conditions. Barbed wire or razor wire fencing is prohibited.

10.Building Codes. Wireless communication facilities shall comply with all applicable building codes.

11. Height. Wireless communication facilities may not exceed the height limitations set forth below:
a. Roof-mounted facilities (new or co-located) placed on an existing building, or top-mounted facilities (new or co-located) placed on an existing utility pole, water tank, or other similar structure, may not exceed eight feet above the roof or top of the building or structure.
b. Side-mounted facilities (new or co-located) that are installed on an existing building, utility pole, water tank, or other similar structure may not extend beyond the height of that structure.
c. Facilities co-located on an existing standalone facility may not extend beyond the height of the existing standalone facility.
d. The maximum height for a new standalone facility is 55 feet. The Planning Commission may grant a waiver of the height restriction if the applicant demonstrates that the restriction prohibits, or has the effect of prohibiting, wireless communication services. The City may retain an independent consultant at the applicant’s expense to evaluate the request for a height waiver.

12.Signal/Power Cables. All wireless communication facility cables, wires, or similar electrical transmission devices must be placed underground, within the existing building or structure or shelter units, or in cableways, and must be properly stealth to the maximum extent possible.

13.Parking. Any wireless communication facility and its associated accessory equipment shall not reduce the number of parking spaces below the required amount, nor shall it obstruct any drive aisle or corner cutback (i.e., line-of-sight) area.

14. FCC Requirements. All existing and future wireless communication facilities shall comply with all applicable FCC emissions and exposure standards for electromagnetic (EM) radiation, and all required notices and signs shall be posted on the site in accordance with FCC and PUC requirements.

15. Noise. All wireless communication facilities must comply with all existing city noise ordinances, but in no case shall any facility generate sound in excess of

80 50 dB CNEL at the property line of the nearest residential use or 65 dB CNEL at the property line of the nearest nonresidential use.

H. Design Standards.

1. Preexisting Character. Wireless communication facility location and development shall preserve the preexisting character of the site as much as feasible.

2. Landscaping and screening. Where possible, existing landscaping, including trees and shrubs, shall be preserved in place. Additional landscaping shall be planted to provide screening or block the line of sight between a facility and adjacent residentially zoned properties. The removal of any trees to install the wireless communication facility shall require replacement at a 1-to-2 ratio, with trees of a minimum 36-inch box size.

3. Stealth. All wireless communication facilities shall be hidden from view to the greatest extent feasible, considering technological requirements, and shall be placed, camouflaged, colored, and architecturally compatible with the surroundings. The applicant shall use the smallest, least visible antennas and supporting equipment to achieve the coverage objectives. The applicant shall also integrate the wireless communication facility to ensure it is as compatible as possible with the site and nearby buildings.

4. Camouflage and Stealthing Methods.
a. All standalone facilities and supporting equipment shall use nonreflective materials and colors that minimize visibility, unless the FCC, FAA, or another government agency requires a different color. If a facility cannot be camouflaged otherwise, it shall be camouflaged as a tree (i.e., monopalm or monopine), flagpole, light pole, architectural tower, or similar structure.

Visible ground-level equipment, structures, or shelter units shall be screened from view by landscaping and by treating decorative walls with graffiti-resistant paint or coating.
b. Roof-mounted, top-mounted, or side-mounted facilities shall be constructed, painted, finished, and fully stealth to match the building or structure’s architectural style. Facade-mounted equipment shall be camouflaged by incorporating the antenna into the building's design elements and shall be painted and textured to match the existing structure.

If possible, antennas shall be located entirely within an existing or newly created architectural feature and not extend more than 24 inches out from the building face. Equipment buildings or enclosures mounted on a roof shall be architecturally consistent with the building or located within the building on which the antenna is mounted.

I. Standard Conditions of Approval.

In addition to conditions of approval which may be included to ensure compliance with this code, the following standard conditions shall be included in any conditional use permit, site plan review or encroachment permit issued pursuant to this chapter:

81 1. The applicant shall defend, indemnify and hold harmless the city and its officers, agents and employees from any claim, action or proceeding against the city or its officers, agents or employees to attack, set aside, void or annul any approval under this chapter. The applicant shall further defend, indemnify and hold harmless the city, its officers, agents and employees from any damages, liabilities, claims, suits, or causes of action of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the applicant, its agents, employees, licensees, contractors, subcontractors or independent contractors, pursuant to the approval issued by the city.

2. For all wireless communication facilities within the public right-of-way, the applicant shall remove or relocate, at applicant’s expense and without expense to the city, when required for public improvements.

3. Existing sites where a wireless communication facility site is capable of accommodating a co-location must allow another carrier to co-locate its facilities on reasonable terms.

4. Within 90 days after commencing wireless communication facility operations, a qualified engineer shall submit compliance report and certifying that the facility continues to comply with all applicable federal, state and local regulations.

5. The applicant shall submit a written report to the city within 30 days after termination of any FCC, PUC or other federal or state operating license for the wireless communication facility.

6. Prior to commencing operations of a wireless communication facility, the owner or operator shall file and maintain a bond or other sufficient security in an amount covering the cost of removing the wireless communication facility and all related equipment on the site, as determined by the chief planning official or director of public works, whichever is applicable. In setting the amount of the bond or security, the official shall take into consideration the applicant’s estimate of removal costs.

J. Revocations.
a. At any time, the City may initiate proceedings to revoke an approval issued pursuant to this chapter.
b. In addition to those provisions applicable to conditional use permits, site plan review and encroachment permits, the following shall also constitute grounds for revocation of an approval issued pursuant to this chapter:
i. The owner or operator has abandoned the wireless communication facility; or
ii. The wireless communication facility is no longer in compliance with its respective conditions of approval, with the requirements of this chapter, or with any other applicable law; or
iii. The wireless communication facility is no longer in compliance with applicable FCC or FAA regulations.

82 iv. Decision of the planning commission or director may be appealed pursuant to CMC Chapter 17.04 General Provisions and Administration.

K. Maintenance Requirements
All wireless communication facilities shall comply at all times with the following operation and maintenance standards:

1. Equipment. All facilities, including antennas, mounts, wires, conduit, lighting, fences, shields, cabinets, poles and stealthing materials (including artificial foliage), shall be kept in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage shall be repaired as soon as practicable to maintain the facility’s original appearance and to minimize occurrences of visual blight. All trash, debris, litter, and graffiti shall be removed by the owner/operator within 48 hours following notification from the city.

2. Landscaping. Each facility and site containing landscaping elements, whether or not used as concealment, must always be maintained. The owner or operator is responsible for replacing any damaged, dead, or decayed landscaping in accordance with the approved landscape plan and within 60 days of the City’s notice.

3. Inspections. Each owner or operator of a facility must regularly inspect the site to ensure it meets the standards outlined in this chapter. The City may, with prior notice to the owner or operator, perform an inspection to verify compliance.

4. The facility shall display, in a prominent location, a sign that clearly identifies the facility and provides contact information for reporting any damage, destruction, graffiti, or vandalism to the property.

5. Backup Generators. Backup generators shall be operated only during outages.

Testing is prohibited on weekends, holidays, and between 10:00 p.m. and 7:00 a.m.

L. “Cells on Wheels” prohibited—exceptions.
“Cells on wheels” or other mobile wireless communication facilities are prohibited in all zones, except for the following:

1. Telecommunications Emergency. Throughout the duration of a telecommunications emergency declared by the city, or

2. Special Events. During a special event within the city that requires enhanced telecommunications coverage, provided that the event does not last longer than three days in any three-month period and that the applicant first obtains an Administrative Use Permit pursuant to CMC Section17.04.020.

M. Abandonment and Removal

1. Notice of Abandonment. The owner or operator shall notify the city by certified mail of the proposed date of abandonment or discontinuation of operations and the date on which the facility shall be removed, not less than 60 days prior to